HB2380 - Relating to prohibiting the transfer of firearms to certain recipients.

  89R6044 AJZ-D     By: Plesa H.B. No. 2380       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the transfer of firearms to certain   recipients.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 46.06, Penal Code, is amended by   amending Subsections (a), (c), and (d) and adding Subsection (c-1)   to read as follows:          (a)  A person commits an offense if the person:                (1)  sells, rents, leases, loans, or gives a handgun to   any person knowing that the person to whom the handgun is to be   delivered intends to use it unlawfully or in the commission of an   unlawful act;                (2)  intentionally or knowingly sells, rents, leases,   or gives or offers to sell, rent, lease, or give :                       (A)   to a  [ any ] child younger than 18 years of age   a  [ any firearm, ] club[ , ] or location-restricted knife ; or                       (B)     to a person younger than 21 years of age a   firearm ;                (3)  intentionally, knowingly, or recklessly sells a   firearm or ammunition for a firearm to any person who is   intoxicated;                (4)  knowingly sells a firearm or ammunition for a   firearm to any person who has been convicted of a felony before the   fifth anniversary of the later of the following dates:                      (A)  the person's release from confinement   following conviction of the felony; or                      (B)  the person's release from supervision under   community supervision, parole, or mandatory supervision following   conviction of the felony;                (5)  sells, rents, leases, loans, or gives a handgun to   any person knowing that an active protective order is directed to   the person to whom the handgun is to be delivered;                (6)  knowingly purchases, rents, leases, or receives as   a loan or gift from another a handgun while an active protective   order is directed to the actor; or                (7)  while prohibited from possessing a firearm under   state or federal law, knowingly makes a material false statement on   a form that is:                      (A)  required by state or federal law for the   purchase, sale, or other transfer of a firearm; and                      (B)  submitted to a firearms dealer licensed under   18 U.S.C. Section 923.          (c)  It is an affirmative defense to prosecution under   Subsection (a)(2)(A) [ (a)(2) ] that the transfer was to a minor   whose parent or the person having legal custody of the minor had   given written permission for the sale or, if the transfer was other   than a sale, the parent or person having legal custody had given   effective consent.           (c-1)     It is an exception to the application of Subsection   (a)(2)(B) that the transfer of the firearm is necessary for the   actual discharge of the recipient's official duties as a peace   officer or a member of the United States armed forces or state   military forces, as defined by Section 437.001, Government Code.          (d)  An offense under this section is a Class A misdemeanor,   except that:                (1)  an offense under Subsection (a)(2)(B) [ (a)(2) ] is   a state jail felony if the firearm  [ weapon ] that is the subject of   the offense is a handgun; and                (2)  an offense under Subsection (a)(7) is a state jail   felony.          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2025.