Gutierrez Bill Bars Semiautomatic Rifle Transfers To Anyone Under 21

The text as introduced · 732 words

90R3788 AJZ-D

By: Gutierrez, Menéndez
S.B. No. 327

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the transfer of certain semiautomatic

rifles to certain recipients younger than 21 years of age; creating

a criminal offense; increasing a criminal penalty.

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

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

amending Subsections (a), (c), 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 :

(A) to a [ any ] child younger than 18 years of age

a [ any firearm, ] club, [ or ] location-restricted knife , or firearm

other than a semiautomatic rifle described by Paragraph (B); or

(B) to a person younger than 21 years of age a

semiautomatic rifle that is capable of accepting a detachable

magazine and that has a caliber greater than .22 ;

(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) It is an affirmative defense to prosecution under

Subsection (a)(2)(A) [ (a)(2) ] that the transfer was to a minor

whose parent or the person having legal custody of the minor had

given written permission for the sale or, if the transfer was other

than a sale, the parent or person having legal custody had given

effective consent.

(c-1) It is an exception to the application of Subsection

(a)(2)(B) that:

(1) the semiautomatic rifle is transferred to a

recipient who:

(A) is a peace officer; or

(B) is currently serving in or has been honorably

discharged from the United States armed forces; or

(2) the transfer of the semiautomatic rifle is a

temporary loan to a person who is to carry or use the semiautomatic

rifle only:

(A) while in the presence of the transferor;

(B) while on property owned or leased by the

transferor;

(C) on the premises of a sport shooting range, as

defined by Section 250.001, Local Government Code, and solely for

the purpose of shooting targets at the range; or

(D) at a lawful competition involving the use of

a firearm.

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

except that:

(1) an offense under Subsection (a)(2)(A) [ (a)(2) ] is

a state jail felony if the weapon that is the subject of the offense

is a handgun; and

(2) an offense under Subsection (a)(2)(B) or (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, 2027.