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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of short-barrel firearms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.05(a) and (d), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally |
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or knowingly possesses, manufactures, transports, repairs, or |
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sells: |
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(1) any of the following items, unless the item is |
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registered in the National Firearms Registration and Transfer |
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Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
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Explosives or otherwise not subject to that registration |
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requirement or unless the item is classified as a curio or relic by |
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the United States Department of Justice: |
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(A) an explosive weapon; or |
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(B) a machine gun; [or |
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[(C) a short-barrel firearm;] |
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(2) armor-piercing ammunition; |
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(3) a chemical dispensing device; |
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(4) a zip gun; |
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(5) a tire deflation device; or |
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(6) an improvised explosive device. |
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(d) It is an affirmative defense to prosecution under this |
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section that the actor's conduct: |
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(1) was incidental to dealing with a [short-barrel |
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firearm or] tire deflation device solely as an antique or curio; |
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(2) was incidental to dealing with armor-piercing |
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ammunition solely for the purpose of making the ammunition |
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available to an organization, agency, or institution listed in |
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Subsection (b); or |
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(3) was incidental to dealing with a tire deflation |
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device solely for the purpose of making the device available to an |
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organization, agency, or institution listed in Subsection (b). |
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SECTION 2. Section 46.01(10), Penal Code, is repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |