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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful acquisition, purchase, and transfer of |
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certain weapons; creating a criminal offense; increasing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.055 to read as follows: |
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Sec. 46.055. UNLAWFUL POSSESSION OF ASSAULT WEAPON. (a) In |
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this section, "assault weapon" means: |
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(1) a semiautomatic centerfire rifle that has the |
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capacity to accept a detachable magazine and has: |
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(A) a pistol grip that protrudes conspicuously |
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beneath the action of the firearm; |
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(B) a folding or telescoping stock; |
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(C) a thumbhole stock; |
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(D) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(E) a flash suppressor; or |
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(F) a grenade launcher or flare launcher; |
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(2) a semiautomatic centerfire rifle that has a fixed |
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magazine that holds more than 10 rounds of ammunition; |
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(3) a semiautomatic centerfire rifle that has an |
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overall length of less than 30 inches; |
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(4) a semiautomatic shotgun that has the capacity to |
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accept a detachable magazine; |
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(5) a semiautomatic shotgun that has a folding or |
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telescoping stock and has: |
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(A) a thumbhole stock; or |
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(B) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(6) a semiautomatic pistol that has the capacity to |
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accept a detachable magazine and has: |
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(A) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(B) an ammunition magazine that attaches to the |
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pistol outside of the pistol grip; |
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(C) a threaded barrel capable of accepting a |
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flash suppressor, forward handgrip, or silencer; or |
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(D) a shroud that is attached to or partially or |
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completely encircles the barrel and that permits the shooter to |
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hold the firearm with the non-trigger hand without being burned; |
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(7) a semiautomatic pistol that has a fixed magazine |
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that holds more than 10 rounds of ammunition; |
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(8) a revolving cylinder shotgun; or |
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(9) a conversion kit, part, or combination of parts |
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from which an assault weapon can be assembled or with which a |
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firearm may be converted into a weapon described by Subdivision |
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(1), (2), (3), (4), (5), (6), (7), or (8). |
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(b) A person who is younger than 21 years of age commits an |
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offense if the person knowingly possesses an assault weapon. |
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(c) An offense under this section is a state jail felony. |
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(d) It is a defense to prosecution under this section that: |
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(1) the actor possessed the assault weapon for the |
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actual discharge of official duties as: |
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(A) a peace officer, as defined by Section 1.07; |
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or |
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(B) a member of the armed forces or state |
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military forces, as defined by Section 431.001, Government Code; or |
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(2) the actor lawfully possessed the assault weapon on |
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August 31, 2025. |
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(e) This section does not apply to an assault weapon that |
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has been rendered permanently inoperable. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. Section 46.06, Penal Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsections (c-1) |
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and (e) to read as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that the person to whom the handgun is to be |
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delivered intends to use it unlawfully or in the commission of an |
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unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give: |
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(A) a [to any child younger than 18 years of age |
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any firearm,] club, [or] location-restricted knife, or firearm |
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other than an assault weapon to a person younger than 18 years of |
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age; or |
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(B) an assault weapon to a person younger than 21 |
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years of age; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a firearm |
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[handgun] to any person knowing that an active protective order is |
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directed to the person to whom the firearm [handgun] is to be |
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delivered; |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a firearm [handgun] while an active |
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protective order is directed to the actor; or |
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(7) while prohibited from possessing a firearm under |
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state or federal law, knowingly makes a material false statement on |
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a form that is: |
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(A) required by state or federal law for the |
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purchase, sale, or other transfer of a firearm; and |
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(B) submitted to a firearms dealer licensed under |
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18 U.S.C. Section 923. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor |
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whose parent or the person having legal custody of the minor had |
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given written permission for the sale or, if the transfer was other |
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than a sale, the parent or person having legal custody had given |
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effective consent. |
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(c-1) It is a defense to prosecution under Subsection |
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(a)(2)(B), (a)(5), or (a)(6) that the transfer was to a person who |
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provided evidence to the actor that the person is: |
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(1) a peace officer, as defined by Section 1.07; or |
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(2) a member of the armed forces or state military |
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forces, as defined by Section 431.001, Government Code. |
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(d) An offense under this section is a Class A misdemeanor, |
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except that: |
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(1) an offense under Subsection (a)(2)(A) [(a)(2)] is |
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a state jail felony if the weapon that is the subject of the offense |
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is a handgun; [and] |
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(2) an offense under Subsection (a)(2)(B) or (a)(7) is |
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a state jail felony; and |
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(3) an offense under Subsection (a)(5) or (a)(6) is a |
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state jail felony if the weapon that is the subject of the offense |
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is an assault weapon. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 3. Section 46.06(b), Penal Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Assault weapon" has the meaning assigned by |
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Section 46.055. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2025. |