SB41 - Relating to prohibiting certain transfers, purchases, and possession of assault weapons; creating criminal offenses.

  89R681 AJZ-F     By: Zaffirini, Cook S.B. No. 41       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, 2025.          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, 2025.