machine gun redefined as more than one shot per pull

The text as introduced · 438 words

89R5837 JSC-D

By: West
S.B. No. 808

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the criminal offense of the

possession, manufacture, transport, repair, or sale of a machine

gun or a machine gun conversion device.

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

SECTION 1. Section 46.01, Penal Code, is amended by

amending Subdivision (9) and adding Subdivision (21) to read as

follows:

(9) "Machine gun" means any firearm that is capable of

shooting more than one shot [ two shots ] automatically, without

manual reloading, by a single function of the trigger.

(21) "Machine gun conversion device" means any part or

combination of parts intended to make a firearm capable of shooting

more than one shot automatically, without manual reloading, by a

single function of the trigger.

SECTION 2. Section 46.05, Penal Code, is amended by

amending Subsection (a) and adding Subsection (h) to read as

follows:

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

or knowingly possesses, manufactures, transports, repairs, or

sells:

(1) any of the following items, unless the item is

registered in the National Firearms Registration and Transfer

Record maintained by the Bureau of Alcohol, Tobacco, Firearms and

Explosives or otherwise not subject to that registration

requirement or unless the item is classified as a curio or relic by

the United States Department of Justice:

(A) an explosive weapon;

(B) a machine gun; or

(C) a short-barrel firearm;

(2) armor-piercing ammunition;

(3) a chemical dispensing device;

(4) a zip gun;

(5) a tire deflation device; [ or ]

(6) an improvised explosive device ; or

(7) a machine gun conversion device .

(h) It is an affirmative defense to prosecution under this

section for the possession of a machine gun conversion device that

the item is:

(1) registered in the National Firearms Registration

and Transfer Record maintained by the Bureau of Alcohol, Tobacco,

Firearms and Explosives or otherwise not subject to that

registration requirement; or

(2) classified as a curio or relic by the United States

Department of Justice.

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.