bill extends unlawful transfer law from handguns to all firearms

The text as introduced · 430 words

89R4328 JDK-D

By: Eckhardt, Gutierrez
S.B. No. 356

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of unlawful transfer of a

firearm.

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

SECTION 1. Section 46.06(a), Penal Code, is amended 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 to any child

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

location-restricted knife;

(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.

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.