SB356 - Relating to the prosecution of the offense of unlawful transfer of a firearm.

  89R4328 JDK-D     By: Eckhardt, Gutierrez S.B. No. 356       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the offense of unlawful transfer of a   firearm.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 46.06(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if the person:                (1)  sells, rents, leases, loans, or gives a firearm   [ handgun ] to any person knowing that the person to whom the firearm   [ 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 to any child   younger than 18 years of age any firearm, club, or   location-restricted knife;                (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 firearm   [ handgun ] to any person knowing that an active protective order is   directed to the person to whom the firearm [ handgun ] is to be   delivered;                (6)  knowingly purchases, rents, leases, or receives as   a loan or gift from another a firearm [ 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.          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.