87R64 TSS-D     By: Ortega H.B. No. 231       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the transfer of an assault weapon 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 to read as   follows:          Sec. 46.06.  UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (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 child 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; or                (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.          (b)  In this section:                (1)  "Intoxicated" means substantial impairment of   mental or physical capacity resulting from introduction of any   substance into the body.                (2)  "Active protective order" means a protective order   issued under Title 4, Family Code, that is in effect. The term does   not include a temporary protective order issued before the court   holds a hearing on the matter.                (3)  "Assault weapon" means:                      (A)  a semiautomatic centerfire rifle that has the   capacity to accept a detachable magazine and has:                            (i)  a pistol grip that protrudes   conspicuously beneath the action of the firearm;                            (ii)  a folding or telescoping stock;                            (iii)  a thumbhole stock;                            (iv)  a second handgrip or a protruding grip   that can be held by the non-trigger hand;                            (v)  a flash suppressor; or                            (vi)  a grenade launcher or flare launcher;                      (B)  a semiautomatic centerfire rifle that has a   fixed magazine that holds more than 10 rounds of ammunition;                      (C)  a semiautomatic centerfire rifle that has an   overall length of less than 30 inches;                      (D)  a semiautomatic shotgun that has the capacity   to accept a detachable magazine;                      (E)  a semiautomatic shotgun that has a folding or   telescoping stock and has:                            (i)  a thumbhole stock; or                            (ii)  a second handgrip or a protruding grip   that can be held by the non-trigger hand;                      (F)  a semiautomatic pistol that has the capacity   to accept a detachable magazine and has:                            (i)  a second handgrip or a protruding grip   that can be held by the non-trigger hand;                            (ii)  an ammunition magazine that attaches   to the pistol outside of the pistol grip;                            (iii)  a threaded barrel capable of   accepting a flash suppressor, forward handgrip, or silencer; or                            (iv)  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;                      (G)  a semiautomatic pistol that has a fixed   magazine that holds more than 10 rounds of ammunition;                      (H)  a revolving cylinder shotgun; or                      (I)  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 Paragraph (A),   (B), (C), (D), (E), (F), (G), or (H).          (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 the transfer of the assault weapon is necessary for   the actual discharge of the recipient's official duties as a member   of the armed forces or state military forces, as defined by Section   437.001, 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) 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, 2021.