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AN ACT
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relating to defenses and exceptions to the prosecution of the |
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criminal offense of the possession, manufacture, transport, |
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repair, or sale of certain prohibited explosive weapons, firearms, |
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and related items. |
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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 (e), 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 classified as a curio or relic by the United States |
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Department of Justice: |
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(A) an explosive weapon; |
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(B) [(2)] a machine gun; |
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(C) [(3)] a short-barrel firearm; or |
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(D) [(4)] a firearm silencer; |
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(2) [(5)] knuckles; |
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(3) [(6)] armor-piercing ammunition; |
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(4) [(7)] a chemical dispensing device; |
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(5) [(8)] a zip gun; or |
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(6) [(9)] a tire deflation device. |
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(e) An offense under Subsection (a)(1), [(2),] (3), (4), |
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[(6), (7),] or (5) [(8)] is a felony of the third degree. An offense |
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under Subsection (a)(6) [(a)(9)] is a state jail felony. An offense |
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under Subsection (a)(2) [(a)(5)] is a Class A misdemeanor. |
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SECTION 2. Section 46.05(c), 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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 473 passed the Senate on |
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April 20, 2015, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 473 passed the House on |
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May 11, 2015, by the following vote: Yeas 124, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |