Meza Bill Creates An Under-21 Gun Transfer Felony

The text as introduced · 1,213 words

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.