Gun Wait Bill Makes Any Firearm To A Child A Felony

The text as introduced · 608 words

89R3378 MEW-F

By: Menéndez
S.B. No. 195

A BILL TO BE ENTITLED

AN ACT

relating to a required waiting period for certain firearm

transfers; creating a criminal offense.

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

SECTION 1. Section 46.06, Penal Code, is amended by

amending Subsections (a) and (d) and adding Subsection (c-1) 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 to any child

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

location-restricted knife;

(2-a) intentionally or knowingly sells, rents, or

leases a firearm to a person 18 years of age or older but younger

than 21 years of age and delivers the firearm to the person to whom

the firearm is being sold, rented, or leased before the 30th day

after the date on which:

(A) the firearm was sold to the person; or

(B) the lease or rental agreement for the firearm

was entered into by the person;

(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 handgun to

any person knowing that an active protective order is directed to

the person to whom the handgun is to be delivered;

(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

(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.

(c-1) It is a defense to prosecution under Subsection

(a)(2-a) that the transfer was to a person who provided evidence to

the actor that the person is:

(1) a peace officer; or

(2) a member of the armed forces or state military

forces as defined by Section 431.001, Government Code.

(d) An offense under this section is a Class A misdemeanor,

except that:

(1) an offense under Subsection (a)(2) is a state jail

felony if the weapon that is the subject of the offense is a firearm

[ handgun ]; and

(2) an offense under Subsection (a)(2-a) or (7)

[ (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.