HB2241 - Relating to firearms; authorizing a private civil right of action.

  89R11474 SCL-F     By: Dutton H.B. No. 2241       A BILL TO BE ENTITLED   AN ACT   relating to firearms; authorizing a private civil right of action.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a) The legislature finds and declares that the   proliferation of assault weapons, .50 caliber rifles, and   unserialized firearms poses a threat to the health, safety, and   security of all residents of, and visitors to, this state. All   Texans are directly harmed by the proliferation of these weapons,   and this state has a compelling interest in protecting its citizens   from gun violence and from intimidation by persons brandishing   these weapons. Further, this state has a compelling interest in   enabling law enforcement authorities to trace firearms used,   manufactured, distributed, or transported unlawfully.          (b)  The legislature further finds and declares that the   proliferation of firearms to and among young people poses a threat   to the health, safety, and security of all residents of, and   visitors to, this state. Firearms are especially dangerous in the   hands of young people because current research and scientific   evidence show that young people are more impulsive, more likely to   engage in risky and reckless behavior, unduly influenced by peer   pressure, motivated more by rewards than costs or negative   consequences, less likely to consider the future consequences of   their actions and decisions, and less able to control themselves in   emotionally arousing situations. In recognition of these facts, the   legislature has previously prohibited certain transfers of   firearms to a person under 18 years of age. This state has a   compelling interest in further restricting the proliferation of   firearms among those under 21 years of age.          (c)  The legislature finds restricting assault weapons is   necessary based on a finding that each assault weapon has such a   high rate of fire and capacity for firepower that the weapon's   function as a legitimate sports or recreational firearm is   substantially outweighed by the danger that the weapon can be used   to kill and injure human beings. The legislature also finds   restricting .50 caliber rifles is necessary based on a finding that   the weapons pose a clear and present threat to the health, safety,   and security of all residents of, and visitors to, this state   because those firearms have such a high capacity for long-distance   and highly destructive firepower that they pose an unacceptable   risk of death and serious injury of human beings, and destruction or   serious damage of vital public and private buildings, civilian,   police, and military vehicles, power generation and transmission   facilities, petrochemical production and storage facilities, and   transportation infrastructure. The legislature further finds and   declares that the manufacture, distribution, transport,   importation, and sale of unserialized firearms pose a threat to the   health, safety, and security of all residents of, and visitors to,   this state and impede law enforcement activities, and that the   manufacture, distribution, transport, importation, and sale of   firearm precursor parts and kits are contributing to the   proliferation of unserialized firearms in this state.          (d)  It is the intent of the legislature in enacting this Act   to further restrict in this state the manufacture, distribution,   transportation, importation, sale, loan, and transfer of assault   weapons, .50 caliber rifles, and unserialized firearms and further   restrict the proliferation of firearms to and among those under 21   years of age by creating new civil law prohibitions and a civil   enforcement mechanism, independent of existing law. This Act may   not be construed to limit in any way the enforceability of existing   laws concerning firearms, including Chapter 46, Penal Code.          (e)  The legislature has defined "assault weapon" to include   the types, series, and models listed in the definition of that term   because it is the most effective way to identify and restrict a   specific class of semiautomatic weapons. The legislature finds a   significant public purpose in exempting from the definition of   "assault weapon" pistols that are designed expressly for use in   Olympic target shooting events. Therefore, those pistols that are   sanctioned by the International Olympic Committee and by USA   Shooting, the national governing body for international shooting   competition in the United States, and that were used for Olympic   target shooting purposes as of January 1, 2001, and that would   otherwise fall within the definition of "assault weapon" under this   Act, are exempt as provided by this Act.          SECTION 2.  Subtitle A, Title 9, Health and Safety Code, is   amended by adding Chapter 770 to read as follows:   CHAPTER 770. MANUFACTURE, DISTRIBUTION, TRANSPORTATION,   IMPORTATION, SALE, LOAN, OR TRANSFER OF FIREARMS AND PRECURSOR   PARTS           Sec. 770.001.  DEFINITIONS. In this chapter:                 (1)     ".50 caliber rifle" means a centerfire rifle that   can fire a .50 caliber cartridge and is not already an assault   weapon or a machine gun. The term does not include an antique   firearm, curio, or relic, as defined by 27 C.F.R. Section 478.11.                 (2)  "Assault weapon":                       (A)  includes:                             (i)  all of the following specified rifles:                                   (a)     all AK series, including the   models identified as:                                         (1)     made in China AK, AKM, AKS,   AK47, AK47S, 56, 56S, 84S, and 86S;                                         (2)     Norinco 56, 56S, 84S, and   86S;                                         (3)     Poly Technologies AKS and   AK47; and                                         (4)  MAADI AK47 and ARM;                                   (b)  UZI and Galil;                                   (c)  Beretta AR-70;                                   (d)  CETME Sporter;                                   (e)  Colt AR-15 series;                                   (f)     Daewoo K-1, K-2, Max 1, Max 2, AR   100, and AR 110C;                                   (g)     Fabrique Nationale FAL, LAR, FNC,   308 Match, and Sporter;                                   (h)  MAS 223;                                   (i)     HK-91, HK-93, HK-94, and   HK-PSG-1;                                   (j)  the following MAC types:                                         (1)     RPB Industries Incorporated   sM10 and sM11; and                                         (2)  SWD Incorporated M11;                                   (k)  SKS with detachable magazine;                                   (l)     SIG AMT, PE-57, SG 550, and SG   551;                                   (m)     Springfield Armory BM59 and   SAR-48;                                   (n)  Sterling MK-6;                                   (o)  Steyer AUG;                                   (p)  Valmet M62S, M71S, and M78S;                                   (q)  Armalite AR-180;                                   (r)  Bushmaster Assault Rifle;                                   (s)  Calico M-900;                                   (t)  J&R ENG M-68; and                                   (u)  Weaver Arms Nighthawk;                             (ii)     all of the following specified   pistols:                                   (a)  UZI;                                   (b)  Encom MP-9 and MP-45; and                                   (c)  the following MAC types:                                         (1)     RPB Industries Incorporated   sM10 and sM11;                                         (2)  SWD Incorporated M-11;          [Text truncated for display. 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