SB 1385

relating to the unlawful acquisition of certain weapons; creating a
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  The heading to Section 46.06, Penal Code, is
Sec. 46.06.  UNLAWFUL TRANSFER OR ACQUISITION OF CERTAIN
SECTION 2.  Sections 46.06(a) and (d), Penal Code, are
(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
(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
(3)  intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
(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
(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)  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
(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
(d)  An offense under this section is a Class A misdemeanor,
(1)  an offense under Subsection (a)(2) is a state jail
felony if the weapon that is the subject of the offense is a
(2)  an offense under Subsection (a)(7) or (8) is a
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
SECTION 4.  This Act takes effect September 1, 2025.