new felony for arming a foreign terrorist organization

The text as introduced · 567 words

89R11481 MCF-F

By: Birdwell, Eckhardt
S.B. No. 2202

A BILL TO BE ENTITLED

AN ACT

relating to the trafficking of a firearm to a foreign terrorist

organization and to the unlawful transfer of firearms between this

state and the United Mexican States; creating a criminal offense.

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

SECTION 1. Chapter 46, Penal Code, is amended by adding

Section 46.145 to read as follows:

Sec. 46.145. TRAFFICKING FIREARM TO FOREIGN TERRORIST

ORGANIZATION. (a) In this section, "foreign terrorist

organization" has the meaning assigned by Section 71.01.

(b) A person commits an offense if the person intentionally

or knowingly transfers, for profit or any other form of

remuneration, a firearm to an individual who the person knows:

(1) is a member of a foreign terrorist organization;

or

(2) intends to transfer the firearm to a member of a

foreign terrorist organization.

(c) An offense under this section is a felony of the second

degree.

(d) This section does not apply to a person licensed as a

firearms dealer, manufacturer, or importer under 18 U.S.C. Section

923 who is lawfully engaged in the business of dealing in,

manufacturing, or importing firearms.

SECTION 2. Sections 411.02095(a) and (d), Government Code,

are amended to read as follows:

(a) The department may establish a program throughout this

state for preventing and detecting:

(1) the unlawful possession or the unlawful and

imminent movement or transfer between this state and an adjacent

state or the United Mexican States of:

(A) firearms, in violation of Section 46.14 or

46.145 , Penal Code;

(B) controlled substances, in violation of

Chapter 481, Health and Safety Code; or

(C) currency, in violation of Section 34.02,

Penal Code; and

(2) the commission or imminent commission of the

offenses of smuggling of persons under Section 20.05, Penal Code,

and trafficking of persons under Section 20A.02, Penal Code,

occurring in this state or involving travel between this state and

an adjacent state or the United Mexican States.

(d) The department shall implement the program established

under this section in conjunction with the United Mexican States

and federal and local law enforcement agencies.

SECTION 3. Section 411.02096(a), Government Code, is

amended to read as follows:

(a) Not later than January 31 of each year, the department

shall collect information for the preceding calendar year related

to the carrying of firearms and the unlawful transfer of firearms

between this state and the United Mexican States by persons in this

state, including:

(1) the number of persons who applied for a license to

carry a handgun under Subchapter H compared to the yearly average

number of people who applied for a license from 2010 through 2020;

[ and ]

(2) the number of firearms that were seized by a law

enforcement agency in this state or the United Mexican States, or

that were otherwise identified as being used to commit an offense in

this state or the United Mexican States, if the seizure or offense

occurred at any time following the unlawful transfer of those

firearms from:

(A) the United Mexican States to this state; or

(B) this state to the United Mexican States; and

(3) any other relevant information related to the

carrying of firearms by persons in this state or the unlawful

transfer of firearms between this state and the United Mexican

States .

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