HB443 - Relating to creating a criminal offense for the unlawful possession or transfer of an assault weapon.

  89R4714 AJZ-D     By: Meza H.B. No. 443       A BILL TO BE ENTITLED   AN ACT   relating to creating a criminal offense for the unlawful possession   or transfer of an assault weapon.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 46, Penal Code, is amended by adding   Section 46.055 to read as follows:           Sec.   46.055.     UNLAWFUL POSSESSION OR TRANSFER OF ASSAULT   WEAPON. (a) In this section, "assault weapon" means:                 (1)     a semiautomatic centerfire rifle that has the   capacity to accept a detachable magazine that has:                       (A)     a pistol grip that protrudes conspicuously   beneath the action of the firearm;                       (B)  a folding or telescoping stock;                       (C)  a thumbhole stock;                       (D)     a second handgrip or a protruding grip that   can be held by the non-trigger hand;                       (E)  a flash suppressor; or                       (F)  a grenade launcher or flare launcher;                 (2)     a semiautomatic centerfire rifle that has a fixed   magazine that holds more than 10 rounds of ammunition;                 (3)     a semiautomatic centerfire rifle that has an   overall length of less than 30 inches;                 (4)     a semiautomatic shotgun that has the capacity to   accept a detachable magazine;                 (5)     a semiautomatic shotgun that has a folding or   telescoping stock and has:                       (A)  a thumbhole stock; or                       (B)     a second handgrip or a protruding grip that   can be held by the non-trigger hand;                 (6)     a semiautomatic pistol that has the capacity to   accept a detachable magazine and has:                       (A)     a second handgrip or a protruding grip that   can be held by the non-trigger hand;                       (B)     an ammunition magazine that attaches to the   pistol outside of the pistol grip;                       (C)     a threaded barrel capable of accepting a   flash suppressor, forward handgrip, or silencer; or                       (D)     a shroud that is attached to or partially or   completely encircles the barrel and that permits the shooter to   hold the firearm with the non-trigger hand without being burned;                 (7)     a semiautomatic pistol that has a fixed magazine   that holds more than 10 rounds of ammunition;                 (8)  a revolving cylinder shotgun; or                 (9)     a conversion kit, part, or combination of parts   from which an assault weapon can be assembled or with which a   firearm may be converted into a weapon described by Subdivision   (1), (2), (3), (4), (5), (6), (7), or (8).           (b)     For purposes of this section, "assault weapon" does not   include any rifle, shotgun, or pistol that has been rendered   permanently inoperable.           (c)  A person commits an offense if the person knowingly:                 (1)  possesses an assault weapon; or                 (2)     sells, offers to sell, or otherwise transfers an   assault weapon.           (d)  An offense under this section is a Class A misdemeanor.           (e)     It is a defense to prosecution under this section that   the actor engaged in the conduct while engaged in the actual   discharge of official duties, or directly en route to or from the   person's place of assignment, as:                 (1)  a peace officer; or                 (2)     a member of the armed forces or state military   forces as defined by Section 431.001, Government Code.           (f)     It is a defense to prosecution under Subsection (c)(1)   that the actor lawfully possessed the assault weapon on August 31,   2025.           (g)     If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          SECTION 2.  Section 5.141(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  A commissioned inspector or representative of the   commission may purchase for an amount set by the commission, not to   exceed fair market value, a firearm issued to the inspector or   representative by the commission if :                 (1)   the firearm is not :                       (A)   listed as a prohibited weapon under Section   46.05, Penal Code ; or                       (B)     an assault weapon as defined by Section   46.055, Penal Code; [ , ] and                 (2)   [ if ] the firearm is retired by the commission for   replacement purposes.          SECTION 3.  Article 15.27(h), Code of Criminal Procedure, is   amended to read as follows:          (h)  This article applies to any felony offense and the   following misdemeanors:                (1)  an offense under Section 20.02, 21.08, 22.01,   22.05, 22.07, or 71.02, Penal Code;                (2)  the unlawful use, sale, or possession of a   controlled substance, drug paraphernalia, or marihuana, as defined   by Chapter 481, Health and Safety Code; or                (3)  the unlawful possession of any of the weapons or   devices listed in Sections 46.01(1)-(14) or Section 46.01(16)     [ (16) ], Penal Code, [ or ] a weapon listed as a prohibited weapon   under Section 46.05, Penal Code , or an assault weapon as defined by   Section 46.055, Penal Code .          SECTION 4.  The heading to Article 18.18, Code of Criminal   Procedure, is amended to read as follows:          Art. 18.18.  DISPOSITION OF GAMBLING PARAPHERNALIA,   PROHIBITED WEAPON, ASSAULT WEAPON, CRIMINAL INSTRUMENT, AND OTHER   CONTRABAND.          SECTION 5.  Articles 18.18(a), (b), (e), (f), and (g), Code   of Criminal Procedure, are amended to read as follows:          (a)  Following the final conviction of a person for   possession of a gambling device or equipment, altered gambling   equipment, or gambling paraphernalia, for an offense involving a   criminal instrument, for an offense involving an obscene device or   material, for an offense involving child pornography, or for an   offense involving a scanning device or re-encoder, the court   entering the judgment of conviction shall order that the machine,   device, gambling equipment or gambling paraphernalia, instrument,   obscene device or material, child pornography, or scanning device   or re-encoder be destroyed or forfeited to the state. Not later than   the 30th day after the final conviction of a person for an offense   involving a prohibited weapon or an assault weapon , the court   entering the judgment of conviction on its own motion, on the motion   of the prosecuting attorney in the case, or on the motion of the law   enforcement agency initiating the complaint on notice to the   prosecuting attorney in the case if the prosecutor fails to move for   the order shall order that the prohibited weapon or assault weapon   be destroyed or forfeited to the law enforcement agency that   initiated the complaint. If the court fails to enter the order   within the time required by this subsection, any magistrate in the   county in which the offense occurred may enter the order. Following   the final conviction of a person for an offense involving dog   fighting, the court entering the judgment of conviction shall order   that any dog-fighting equipment be destroyed or forfeited to the   state. Destruction of dogs, if necessary, must be carried out by a   veterinarian licensed in this state or, if one is not available, by   trained personnel of a humane society or an animal shelter. If   forfeited, the court shall order the contraband delivered to the   state, any political subdivision of the state, or to any state   institution or agency. If gambling proceeds were seized, the court   shall order them forfeited to the state and shall transmit them to   the grand jury of the county in which they were seized for use in   investigating alleged violations of the Penal Code, or to the   state, any political subdivision of the state, or to any state   institution or agency.          (b)  If there is no prosecution or conviction following   seizure, the magistrate to whom the return was made shall notify in   writing the person found in possession of the alleged gambling   device or equipment, altered gambling equipment or gambling   paraphernalia, gambling proceeds, prohibited weapon, assault   weapon, obscene device or material, child pornography, scanning   device or re-encoder, criminal instrument, or dog-fighting   equipment to show cause why the property seized should not be   destroyed or the proceeds forfeited. The magistrate, on the motion   of the law enforcement agency seizing a prohibited weapon or an   assault weapon , shall order the weapon destroyed or forfeited to   the law enforcement agency seizing the weapon, unless a person   shows cause as to why the prohibited weapon or assault weapon should   not be destroyed or forfeited. A law enforcement agency shall make a   motion under this section in a timely manner after the time at which   the agency is informed in writing by the attorney representing the   state that no prosecution will arise from the seizure.          (e)  Any person interested in the alleged gambling device or   equipment, altered gambling equipment or gambling paraphernalia,   gambling proceeds, prohibited weapon, assault weapon, obscene   device or material, child pornography, scanning device or   re-encoder, criminal instrument, or dog-fighting equipment seized   must appear before the magistrate on the 20th day following the date   the notice was mailed or posted. Failure to timely appear forfeits   any interest the person may have in the property or proceeds seized,   and no person after failing to timely appear may contest   destruction or forfeiture.          (f)  If a person timely appears to show cause why the   property or proceeds should not be destroyed or forfeited, the   magistrate shall conduct a hearing on the issue and determine the   nature of property or proceeds and the person's interest therein.   Unless the person proves by a preponderance of the evidence that the   property or proceeds is not gambling equipment, altered gambling   equipment, gambling paraphernalia, gambling device, gambling   proceeds, prohibited weapon, ass [Text truncated for display. Full text available on Congress.gov.]