SB1385 - Relating to the unlawful acquisition of certain weapons; creating a criminal offense.

  89R13425 MZM-F     By: Huffman S.B. No. 1385       A BILL TO BE ENTITLED   AN ACT   relating to the unlawful acquisition of certain weapons; creating a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 46.06, Penal Code, is   amended to read as follows:          Sec. 46.06.  UNLAWFUL TRANSFER OR ACQUISITION OF CERTAIN   WEAPONS.          SECTION 2.  Sections 46.06(a) and (d), Penal Code, are   amended 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 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 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 ; or                 (8)     acquires a firearm with intent to deliver the   firearm to a person knowing that the person to whom the firearm is   to be delivered is prohibited from possessing the firearm by state   or federal law .          (d)  An offense under this section is a Class A misdemeanor,   except that:                (1)  an offense under Subsection (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)(7) or (8) is a   state jail felony.          SECTION 3.  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 4.  This Act takes effect September 1, 2025.