bill widens gun transfer offense to all firearms

The text as introduced · 1,561 words

By: Anchía
H.B. No. 5399

A BILL TO BE ENTITLED

AN ACT

relating to certain criminal offenses concerning the unlawful

transfer or purchase of certain weapons; increasing a criminal

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 46.06, Penal Code, is

amended to read as follows:

Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN

WEAPONS.

SECTION 2. Section 46.06, Penal Code, is amended by

amending Subsections (a), (c), and (d) and adding Subsections

(a-1), (c-1), (e), and (f) 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 the firearm [ it ]

unlawfully or in the commission of an unlawful act; or

(2) purchases or attempts to purchase a firearm with

intent to deliver the firearm to a person knowing that the person to

whom the firearm is to be delivered intends to possess the firearm

unlawfully or to use the firearm unlawfully or in the commission of

an unlawful act.

(a-1) A person commits an offense if the person:

(1) [ (2) ] intentionally or knowingly sells, rents,

leases, or gives or offers to sell, rent, lease, or give to any

child younger than 18 years of age any firearm, club, or

location-restricted knife;

(2) [ (3) ] intentionally, knowingly, or recklessly

sells a firearm or ammunition for a firearm to any person who is

intoxicated;

(3) [ (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;

(4) [ (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;

(5) [ (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

(6) [ (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 [ licensed ] firearms dealer

licensed under [ , as defined by ] 18 U.S.C. Section 923.

(c) It is an affirmative defense to prosecution under

Subsection (a-1)(1) [ (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) The renunciation defense described by Section

15.04(a) is available as an affirmative defense to prosecution of

an attempted purchase under Subsection (a)(2).

(d) An offense under Subsection (a) is a felony of the third

degree.

(e) An offense under Subsection (a-1) [ this section ] is a

Class A misdemeanor, except that:

(1) an offense under Subsection (a-1)(1) [ (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-1)(6) [ (a)(7) ] is a

state jail felony.

(f) To the extent of any conflict between this section and a

federal law related to the unlawful transfer or purchase of

weapons, the federal law prevails.

SECTION 3. Article 59.01(2), Code of Criminal Procedure, is

amended to read as follows:

(2) "Contraband" means property of any nature,

including real, personal, tangible, or intangible, that is:

(A) used in the commission of:

(i) any first or second degree felony under

the Penal Code;

(ii) any felony under Section 15.031(b),

21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal

Code;

(iii) any felony under Chapter 43, Penal

Code, except as provided by Paragraph (B);

(iv) any felony under The Securities Act

(Title 12, Government Code); or

(v) any offense under Chapter 49, Penal

Code, that is punishable as a felony of the third degree or state

jail felony, if the defendant has been previously convicted three

times of an offense under that chapter;

(B) used or intended to be used in the commission

of:

(i) any felony under Chapter 481, Health

and Safety Code (Texas Controlled Substances Act);

(ii) any felony under Chapter 483, Health

and Safety Code;

(iii) a felony under Chapter 151, Finance

Code;

(iv) any felony under Chapter 20A or 34,

Penal Code;

(v) a Class A misdemeanor under Subchapter

B, Chapter 365, Health and Safety Code, if the defendant has been

previously convicted twice of an offense under that subchapter;

(vi) any felony under Chapter 32, Human

Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that

involves a health care program, as defined by Section 35A.01, Penal

Code;

(vii) a Class B misdemeanor under Chapter

522, Business & Commerce Code;

(viii) a Class A misdemeanor under Section

306.051, Business & Commerce Code;

(ix) any offense under Section 42.10, Penal

Code;

(x) any offense under Section 46.06(a)

[ 46.06(a)(1) ] or 46.14, Penal Code;

(xi) any offense under Chapter 71, Penal

Code;

(xii) any offense under Section 20.05,

20.06, 20.07, 43.04, or 43.05, Penal Code;

(xiii) an offense under Section 326.002,

Business & Commerce Code; or

(xiv) a Class A misdemeanor or any felony

under Section 545.420, Transportation Code, other than a Class A

misdemeanor that is classified as a Class A misdemeanor based

solely on conduct constituting a violation of Subsection (e)(2)(B)

of that section;

(C) the proceeds gained from the commission of a

felony listed in Paragraph (A) or (B) of this subdivision, a

misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)

of this subdivision, or a crime of violence;

(D) acquired with proceeds gained from the

commission of a felony listed in Paragraph (A) or (B) of this

subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),

(xi), or (xii) of this subdivision, or a crime of violence;

(E) used to facilitate or intended to be used to

facilitate the commission of a felony under Section 15.031 or

Chapter 43, Penal Code; or

(F) used to facilitate or intended to be used to

facilitate the commission of an offense under Section 20.05, 20.06,

or 20.07 or Chapter 20A, Penal Code.

SECTION 4. Section 71.02(a), Penal Code, is amended to read

as follows:

(a) A person commits an offense if, with the intent to

establish, maintain, or participate in a combination or in the

profits of a combination or as a member of a criminal street gang,

the person commits or conspires to commit one or more of the

following:

(1) murder, capital murder, arson, aggravated

robbery, robbery, burglary, theft, aggravated kidnapping,

kidnapping, aggravated assault, aggravated sexual assault, sexual

assault, continuous sexual abuse of young child or disabled

individual, solicitation of a minor, forgery, deadly conduct,

assault punishable as a Class A misdemeanor, burglary of a motor

vehicle, or unauthorized use of a motor vehicle;

(2) any gambling offense punishable as a Class A

misdemeanor;

(3) promotion of prostitution, aggravated promotion

of prostitution, or compelling prostitution;

(4) unlawful manufacture, transportation, repair, or

sale of firearms or prohibited weapons;

(5) unlawful manufacture, delivery, dispensation, or

distribution of a controlled substance or dangerous drug, or

unlawful possession of a controlled substance or dangerous drug

through forgery, fraud, misrepresentation, or deception;

(5-a) causing the unlawful delivery, dispensation, or

distribution of a controlled substance or dangerous drug in

violation of Subtitle B, Title 3, Occupations Code;

(6) any unlawful wholesale promotion or possession of

any obscene material or obscene device with the intent to wholesale

promote the same;

(7) any offense under Subchapter B, Chapter 43,

depicting or involving conduct by or directed toward a child

younger than 18 years of age;

(8) any felony offense under Chapter 32;

(9) any offense under Chapter 36;

(10) any offense under Chapter 34, 35, or 35A;

(11) any offense under Section 37.11(a);

(12) any offense under Chapter 20A;

(13) any offense under Section 37.10;

(14) any offense under Section 38.06, 38.07, 38.09, or

38.11;

(15) any offense under Section 42.10;

(16) any offense under Section 46.06(a) [ 46.06(a)(1) ]

or 46.14;

(17) any offense under Section 20.05 or 20.06;

(18) any offense under Section 16.02; or

(19) any offense classified as a felony under the Tax

Code.

SECTION 5. 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 6. This Act takes effect September 1, 2025.