HB4372 - Relating to the prosecution of the offense of unlawful transfer of certain weapons.

  89R13188 AJZ-D     By: Meza H.B. No. 4372       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the offense of unlawful transfer of   certain weapons.          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 Subsections   (c-1), (c-2), (c-3), and (c-4) to read as follows:          (a)  A person commits an offense if the person:                (1)  sells, rents, leases, loans, or gives a firearm   [ handgun ] to any person , knowing that the person to whom the firearm   [ 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 firearm   other than a firearm described by Paragraph (B); or                       (B)     to a person younger than 21 years of age a   firearm that is capable of accepting a detachable magazine and   that:                             (i)  uses centerfire ammunition; or                             (ii)  has a caliber greater than .22 ;                (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 firearm   [ handgun ] to any person , knowing that an active protective order is   directed to the person to whom the firearm [ handgun ] is to be   delivered;                (6)  knowingly purchases, rents, leases, or receives as   a loan or gift from another a firearm [ 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 ; or                 (8)     knowingly falsifies, alters, or misrepresents a   document described under Subsection (c-3), for the purpose of   obtaining or transferring a firearm .          (c)  It is a [ an affirmative ] defense to prosecution under   Subsection (a)(2) that :                 (1)   the transfer was a rental for short-term use at a   sport shooting range, as defined by Section 250.001, Local   Government Code, and the transfer was made solely for the purpose of   training, competing, or target shooting at the range to :                       (A)     a person who was 18 years of age or older at   the time of the transfer; or                       (B)   a minor whose parent or the person having   legal custody of the minor had given written permission for the   rental;                 (2)  the transfer was a gift to a minor whose [ sale or,   if the transfer was other than a sale, the ] parent or the person   having legal custody of the minor had given effective consent and   the actor accepted no compensation or payment for the transfer; or                 (3)  the transfer was a temporary loan for:                       (A)  use in the presence of the actor;                       (B)  use on property owned or leased by the actor;                       (C)     use on the premises of a sport shooting   range, as defined by Section 250.001, Local Government Code, and   solely for the purpose of training, competing, or target shooting   at the range;                       (D)     the purpose of lawful hunting or sporting or   for lawful recreational activity; or                       (E)     use at a lawful competition involving the use   of a firearm .           (c-1)     It is a defense to prosecution under Subsection   (a)(2)(B) that the actor was the parent, grandparent, or   great-grandparent of the recipient and that:                 (1)     the recipient was 18 years of age or older at the   time of the transfer;                 (2)     the actor acquired the firearm before the   recipient's 18th birthday; and                 (3)     the actor accepted no compensation or payment for   the transfer.           (c-2)     It is a defense to prosecution under Subsection   (a)(2)(B) that the actor transferred the firearm to a person who was   18 years of age or older at the time of the transfer and who:                 (1)     successfully completed a hunter education course   described by Section 62.014, Parks and Wildlife Code, when the   person was 16 years of age or older;                 (2)     is a member or veteran of the United States armed   forces, including a member or veteran of the reserves or national   guard; or                 (3)  is a peace officer.           (c-3)     For purposes of establishing a defense to prosecution   under Subsection (c-2), a person may present any of the following   documents, including an original or photocopy:                 (1)     a certificate of completion issued under Section   62.014(c), Parks and Wildlife Code, that includes the date of   issuance and the person's birthdate and legal name;                 (2)     a United States military identification card that   includes the person's photograph and legal name and was not expired   on the date of the firearm transfer;                 (3)     a United States Department of Defense Form DD-214,   or other military record showing a release or discharge from active   duty, that includes the person's birthdate and legal name,   regardless of whether the person's social security number is   obscured on the document; or                 (4)     a peace officer identification card, as described   by Subchapter H, Chapter 614, Government Code, that displays the   photograph and legal name of the person and a brief description of   the person, including the recipient's height, weight, and eye   color.           (c-4)     It is an exception to the application of Subsection   (a)(2)(B) that the transfer of the firearm was necessary for the   actual discharge of the recipient's official duties as:                 (1)  a member of the United States armed forces;                 (2)     a member of the Texas military forces, as defined   by Section 437.001, Government Code;                 (3)  a peace officer; or                 (4)     a public security officer, reserve law enforcement   officer, school marshal, or county jailer, as those terms are   defined by Section 1701.001, Occupations Code.          (d)  An offense under this section is a Class A misdemeanor,   except that:                (1)  an offense under Subsection (a)(2)(A) [ (a)(2) ] is   a state jail felony if the weapon that is the subject of the offense   is a handgun; and                (2)  an offense under Subsection (a)(2)(B), (7), or (8)   [ (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.