HB 4372 — Relating to the prosecution of the offense of unlawful transfer of certain weapons.

Summary

Relating to the prosecution of the offense of unlawful transfer of certain weapons.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Texas statutes: Section 46.06, Penal Code.

• Section 46.06, Penal Code

  handgun handgun any any firearm, or handgun handgun handgun or an affirmative sale or, if the transfer was other than a sale, the (a)(2) (a)(7) → firearm , firearm : (A) a a , or firearm other than a firearm described by Paragraph (B); or (B) to a person younger than 21 years of age a firearm that is capable of accepting a detachable magazine and that: (i) uses centerfire ammunition; or (ii) has a caliber greater than .22 firearm , firearm firearm ; or (8) knowingly falsifies, alters, or misrepresents a document described under Subsection (c-3), for the purpose of obtaining or transferring a firearm a : (1) a rental for short-term use at a sport shooting range, as defined by Section 250.001, Local Government Code, and the transfer was made solely for the purpose of training, competing, or target shooting at the range : (A) a person who was 18 years of age or older at the time of the transfer; or (B) rental; (2) the transfer was a gift to a minor whose the of the minor and the actor accepted no compensation or payment for the transfer; or (3) the transfer was a temporary loan for: (A) use in the presence of the actor; (B) use on property owned or leased by the actor; (C) use on the premises of a sport shooting range, as defined by Section 250.001, Local Government Code, and solely for the purpose of training, competing, or target shooting at the range; (D) the purpose of lawful hunting or sporting or for lawful recreational activity; or (E) use at a lawful competition involving the use of a firearm (c-1) It is a defense to prosecution under Subsection (a)(2)(B) that the actor was the parent, grandparent, or great-grandparent of the recipient and that: (1) the recipient was 18 years of age or older at the time of the transfer; (2) the actor acquired the firearm before the recipient's 18th birthday; and (3) the actor accepted no compensation or payment for the transfer. (c-2) It is a defense to prosecution under Subsection (a)(2)(B) that the actor transferred the firearm to a person who was 18 years of age or older at the time of the transfer and who: (1) successfully completed a hunter education course described by Section 62.014, Parks and Wildlife Code, when the person was 16 years of age or older; (2) is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard; or (3) is a peace officer. (c-3) For purposes of establishing a defense to prosecution under Subsection (c-2), a person may present any of the following documents, including an original or photocopy: (1) a certificate of completion issued under Section 62.014(c), Parks and Wildlife Code, that includes the date of issuance and the person's birthdate and legal name; (2) a United States military identification card that includes the person's photograph and legal name and was not expired on the date of the firearm transfer; (3) a United States Department of Defense Form DD-214, or other military record showing a release or discharge from active duty, that includes the person's birthdate and legal name, regardless of whether the person's social security number is obscured on the document; or (4) a peace officer identification card, as described by Subchapter H, Chapter 614, Government Code, that displays the photograph and legal name of the person and a brief description of the person, including the recipient's height, weight, and eye color. (c-4) It is an exception to the application of Subsection (a)(2)(B) that the transfer of the firearm was necessary for the actual discharge of the recipient's official duties as: (1) a member of the United States armed forces; (2) a member of the Texas military forces, as defined by Section 437.001, Government Code; (3) a peace officer; or (4) a public security officer, reserve law enforcement officer, school marshal, or county jailer, as those terms are defined by Section 1701.001, Occupations Code. (a)(2)(A) (a)(2)(B), (7), or (8)

  amended

Action History

1. April 01, 2025

   Referred to Homeland Security, Public Safety & Veterans' Affairs

2. April 01, 2025

   Read first time

3. March 11, 2025

   Filed

Sponsors

• Thresa "Terry" Meza · Primary

Subjects