S.B. No. 1386
A BILL TO BE ENTITLED
AN ACT relating to prohibiting semiautomatic assault weapons; creating an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (17) to read as follows:
(17) "Semiautomatic assault weapon" means:
(A) a semiautomatic rifle that has the capacity to accept a detachable magazine and has at least two of the following:
(i) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(ii) a folding or telescoping stock;
(iii) a grenade launcher or flare launcher;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor;
(v) a forward pistol grip; or
(vi) a bayonet mount;
(B) a semiautomatic pistol that has the capacity to accept a detachable magazine and has at least two of the following:
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel, capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that allows the bearer to fire the weapon without burning the bearer's hand, except a slide that encloses the barrel;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; or
(v) a semiautomatic version of an automatic firearm;
(C) a semiautomatic shotgun that has at least two of the following:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of five rounds; or
(iv) the capacity to accept a detachable magazine;
(D) a shotgun with a revolving cylinder; and
(E) any of the following firearms, or a copy or duplicate of any of the following firearms, in any caliber:
(i) Norinco, Mitchell, or Poly Technologies Avtomat Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta AR-70;
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG; or
(viii) INTRATEC TEC-9, TEC-DC9, and TEC-22.
SECTION 2. Chapter 46, Penal Code, is amended by adding
Section 46.055 to read as follows:
Sec. 46.055. SEMIAUTOMATIC ASSAULT WEAPONS PROHIBITED.
(a) A person commits an offense if the person knowingly possesses, manufactures, transports, repairs, sells, or offers to sell a semiautomatic assault weapon.
(b) An offense under this section is a Class A misdemeanor, except that if it is shown on the trial of the offense that the person has been previously convicted of an offense under this section, the offense is a state jail felony.
(c) It is a defense to prosecution under this section that:
(1) the semiautomatic assault weapon is a firearm manufactured before Janurary 1, 1899;
(2) the person lawfully possessed the weapon on August 31, 2005;
(3) the person's conduct was incidental to the performance of an official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility; or
(4) the weapon is one sanctioned by the International Olympic Committee and by USA Shooting and is used solely for competitive target shooting purposes.
SECTION 3. This Act takes effect September 1, 2005.