89R3391 AJZ-F     By: Moody H.B. No. 1556       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the transfer of certain semiautomatic   rifles to certain recipients; 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;                      (D)  for the purpose of lawful hunting or   sporting, or for lawful recreational activity; or                      (E)  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, 2025.