SB1658 - Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

  89R2209 AJZ-D     By: Gutierrez, et al. S.B. No. 1658       A BILL TO BE ENTITLED   AN ACT   relating to regulating certain firearm transfers, possession of   certain firearms, and protective orders prohibiting possession of a   firearm; creating criminal offenses; increasing criminal   penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. GENERAL PROVISIONS          SECTION 1.01.  SHORT TITLE. This Act shall be known as the   Robb Elementary Firearm Safety Act.          SECTION 1.02.  PURPOSE. The purpose of this Act is to ensure   the State of Texas is meeting its responsibility to protect the   health and safety of all Texans by enacting common sense,   evidence-based firearm safety laws. Texans deserve to live free   from the threat and fear of firearm violence.          SECTION 1.03.  FINDINGS. The legislature finds that:                (1)  the State of Texas mourns the loss of 19 innocent   children and two teachers in a senseless attack on Robb Elementary   School in Uvalde, Texas, on May 24, 2022;                (2)  the shooting at Robb Elementary School is the   second deadliest school shooting in the history of the United   States;                (3)  the victims of the attack are Makenna Lee Elrod,   10; Layla Salazar, 11; Maranda Mathis, 11; Nevaeh Bravo, 10; Jose   Manuel Flores, Jr., 10; Xavier Lopez, 10; Tess Marie Mata, 10;   Rojelio Torres, 10; Eliahna "Ellie" Amyah Garcia, 9; Eliahna   A. Torres, 10; Annabell Guadalupe Rodriguez, 10; Jackie Cazares, 9;   Uziyah Garcia, 10; Jayce Carmelo Luevanos, 10; Maite Yuleana   Rodriguez, 10; Jailah Nicole Silguero, 10; Amerie Jo Garza, 10;   Alexandria "Lexi" Aniyah Rubio, 10; Alithia Ramirez, 10; Irma   Garcia, fourth grade teacher; and Eva Mireles, fourth grade   teacher;                (4)  three of the ten deadliest mass shootings in   modern United States history have occurred in Texas in the past five   years;                (5)  the following mass shootings have occurred in   Texas:                      (A)  26 people were killed in Sutherland Springs,   Texas, in 2017;                      (B)  23 people were killed in Killeen, Texas, in   1991;                      (C)  23 people were killed in El Paso, Texas, in   2019;                      (D)  21 people were killed in Uvalde, Texas, in   2022;                      (E)  17 people were killed at The University of   Texas at Austin in 1966;                      (F)  13 people were killed in Killeen, Texas, in   2009; and                      (G)  10 people were killed in Santa Fe, Texas, in   2018;                (6)  firearm homicide rates for children under 18 have   more than doubled in Texas between 2014 and 2020;                (7)  from 2015 to 2020, Texas lost 572 children to   firearm homicides, more than any other state; and                (8)  overall firearm homicide rates in Texas have   increased 66 percent from 2014 to 2020.   ARTICLE 2. UNLAWFUL POSSESSION AND TRANSFER OF CERTAIN ASSAULT   WEAPONS          SECTION 2.01.  Chapter 46, Penal Code, is amended by adding   Section 46.055 to read as follows:           Sec.   46.055.     UNLAWFUL POSSESSION OF ASSAULT WEAPON. (a) In   this section, "assault weapon" means:                 (1)     a semiautomatic centerfire rifle that has the   capacity to accept a detachable magazine and 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)     A person who is younger than 21 years of age commits an   offense if the person knowingly possesses an assault weapon.           (c)  An offense under this section is a state jail felony.           (d)  It is a defense to prosecution under this section that:                 (1)     the actor possessed the assault weapon for the   actual discharge of official duties as:                       (A)     a peace officer, as defined by Section 1.07;   or                       (B)     a member of the armed forces or state   military forces, as defined by Section 431.001, Government Code; or                 (2)     the actor lawfully possessed the assault weapon on   August 31, 2025.           (e)     This section does not apply to an assault weapon that   has been rendered permanently inoperable.           (f)     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 2.02.  Section 46.06, Penal Code, is amended by   amending Subsections (a), (c), and (d) and adding Subsections (c-1)   and (e) 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)  a [ to any child younger than 18 years of age   any firearm, ] club, [ or ] location-restricted knife , or firearm   other than an assault weapon to a person younger than 18 years of   age; or                       (B)     an assault weapon to a person younger than 21   years of age ;                (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   [Text truncated for display. 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