Zaffirini Assault Weapon Bill Reaches Pistols And Loose Parts

The text as introduced · 1,148 words

90R318 AJZ-F

By: Zaffirini
S.B. No. 80

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting certain transfers, purchases, and

possession of assault weapons; creating criminal offenses.

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

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

Section 46.055 to read as follows:

Sec. 46.055. UNLAWFUL PURCHASE OR POSSESSION OF ASSAULT

WEAPON. (a) In this section, "assault weapon" means:

(1) a semiautomatic centerfire rifle that has the

capacity to accept a detachable magazine and has:

(A) a pistol grip that protrudes conspicuously

beneath the action of the firearm;

(B) a folding or telescoping stock;

(C) a thumbhole stock;

(D) a second handgrip or a protruding grip that

can be held by the non-trigger hand;

(E) a flash suppressor; or

(F) a grenade launcher or flare launcher;

(2) a semiautomatic centerfire rifle that has a fixed

magazine that holds more than 10 rounds of ammunition;

(3) a semiautomatic centerfire rifle that has an

overall length of less than 30 inches;

(4) a semiautomatic shotgun that has the capacity to

accept a detachable magazine;

(5) a semiautomatic shotgun that has a folding or

telescoping stock and has:

(A) a thumbhole stock; or

(B) a second handgrip or a protruding grip that

can be held by the non-trigger hand;

(6) a semiautomatic pistol that has the capacity to

accept a detachable magazine and has:

(A) a second handgrip or a protruding grip that

can be held by the non-trigger hand;

(B) an ammunition magazine that attaches to the

pistol outside of the pistol grip;

(C) a threaded barrel capable of accepting a

flash suppressor, forward handgrip, or silencer; or

(D) a shroud that is attached to or partially or

completely encircles the barrel and that permits the shooter to

hold the firearm with the non-trigger hand without being burned;

(7) a semiautomatic pistol that has a fixed magazine

that holds more than 10 rounds of ammunition;

(8) a revolving cylinder shotgun; or

(9) a conversion kit, part, or combination of parts

from which an assault weapon can be assembled or with which a

firearm may be converted into a weapon described by Subdivision

(1), (2), (3), (4), (5), (6), (7), or (8).

(b) A person who is younger than 21 years of age commits an

offense if the person knowingly:

(1) purchases an assault weapon; or

(2) possesses an assault weapon.

(c) An offense under this section is a Class A misdemeanor.

(d) It is a defense to prosecution under Subsection (b)(1)

that the actor purchased the assault weapon for the actual

discharge of official duties as:

(1) a peace officer; or

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

forces as defined by Section 431.001, Government Code.

(e) It is a defense to prosecution under Subsection (b)(2)

that:

(1) the actor possessed the assault weapon in the

actual discharge of official duties, or directly en route to or from

the person's place of assignment, as:

(A) a peace officer; or

(B) a member of the armed forces or state

military forces as defined by Section 431.001, Government Code; or

(2) the actor lawfully possessed the assault weapon on

August 31, 2027.

SECTION 2. 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) a [ to any child younger than 18 years of age

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

other than an assault weapon to a person younger than 18 years of

age; or

(B) an assault weapon to a person younger than 21

years of age ;

(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 a defense to prosecution under Subsection

(a)(2)(B) 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)(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 3. Section 46.06(b), Penal Code, is amended by

adding Subdivision (3) to read as follows:

(3) "Assault weapon" has the meaning assigned by

Section 46.055.

SECTION 4. 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 5. This Act takes effect September 1, 2027.