bill saying less-lethal projectile devices aren’t firearms

The text as introduced · 318 words

89R6103 LHC-F

By: Hagenbuch
S.B. No. 1456

A BILL TO BE ENTITLED

AN ACT

relating to the definition of firearm for purposes of certain

criminal offenses.

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

SECTION 1. Section 46.01(3), Penal Code, is amended to read

as follows:

(3) "Firearm" means any device designed, made, or

adapted to expel a projectile through a barrel by using the energy

generated by an explosion or burning substance or any device

readily convertible to that use. Firearm does not include :

(A) a firearm that may have, as an integral part,

a folding knife blade or other characteristics of weapons made

illegal by this chapter and that is:

(i) [ (A) ] an antique or curio firearm

manufactured before 1899; or

(ii) [ (B) ] a replica of an antique or curio

firearm manufactured before 1899, but only if the replica does not

use rim fire or center fire ammunition ; or

(B) a less-lethal projectile device .

SECTION 2. Section 46.01, Penal Code, is amended by adding

Subdivision (21) to read as follows:

(21) "Less-lethal projectile device" means any

weapon, device, or munition that is designed, made, or adapted to

expel a projectile or multiple projectiles against a target to

temporarily incapacitate the target while minimizing the risk of

serious bodily injury or death.

SECTION 3. 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 4. This Act takes effect September 1, 2025.