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AN ACT
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relating to the criminal consequences of engaging in certain |
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conduct with respect to a firearm silencer. |
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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 otherwise not subject to that registration |
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requirement or unless the item is |
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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; |
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(B) a machine gun; or |
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(C) a short-barrel firearm; [or
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[(D) a firearm silencer;] |
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(2) knuckles; |
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(3) armor-piercing ammunition; |
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(4) a chemical dispensing device; |
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(5) a zip gun; [or] |
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(6) a tire deflation device; or |
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(7) a firearm silencer, unless the firearm silencer is |
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classified as a curio or relic by the United States Department of |
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Justice or the actor otherwise possesses, manufactures, |
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transports, repairs, or sells the firearm silencer in compliance |
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with federal law. |
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(e) An offense under Subsection (a)(1), (3), (4), [or] (5), |
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or (7) is a felony of the third degree. An offense under Subsection |
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(a)(6) is a state jail felony. An offense under Subsection (a)(2) |
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is a Class A misdemeanor. |
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SECTION 2. 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 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1819 was passed by the House on May 6, |
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2017, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1819 on May 19, 2017, by the following vote: Yeas 142, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1819 was passed by the Senate, with |
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amendments, on May 17, 2017, by the following vote: Yeas 28, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |