David Cordell
What is an assault weapon?
Wayne, what is the significance of "centerfire" in the definition below? I don't know much about firearms, but I think centerfire ammunition can be reloaded, i.e. you can re-use the brass casing of the bullet. Is that right? Is the author discouraging this? Seems like sustainability to me!!
I can see including a grenade launcher in the definition, but some specs seem to me to be ergonomic improvements to rifles, e.g. pistol grip.
Anyway, House Bill 142 sponsored by Terry Meza of Oak Cliff defines assault weapon like this.
Sec. 46.055. UNLAWFUL POSSESSION OR TRANSFER OF ASSAULT WEAPON.
(a) In this section, "assault weapon" means:
(1) a semiautomatic centerfire rifle that has the capacity to accept a detachable magazine that has:
(A) a pistol grip that protrudes conspicuously beneath the action of the firearm;
(B) a folding or telescoping stock;
(C) a thumbhole stock;
(D) a second handgrip or a protruding grip that can be held by the non-trigger hand;
(E) a flash suppressor; or
(F) a grenade launcher or flare launcher;
(2) a semiautomatic centerfire rifle that has a fixed magazine that holds more than 10 rounds of ammunition;
(3) a semiautomatic centerfire rifle that has an overall length of less than 30 inches;
(4) a semiautomatic shotgun that has the capacity to accept a detachable magazine;
(5) a semiautomatic shotgun that has a folding or telescoping stock and has:
(A) a thumbhole stock; or
(B) a second handgrip or a protruding grip that can be held by the non-trigger hand;
(6) a semiautomatic pistol that has the capacity to accept a detachable magazine and has:
(A) a second handgrip or a protruding grip that can be held by the non-trigger hand;
(B) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(C) a threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer; or
(D) a shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;
(7) a semiautomatic pistol that has a fixed magazine that holds more than 10 rounds of ammunition;
(8) a revolving cylinder shotgun; or
(9) a conversion kit, part, or combination of parts from which an assault weapon can be assembled or with which a firearm may be converted into a weapon described by Subdivision (1), (2), (3), (4), (5), (6), (7), or (8).
(b) For purposes of this section, "assault weapon" does not include any rifle, shotgun, or pistol that has been rendered permanently inoperable.
(c) A person commits an offense if the person knowingly:
(1) possesses an assault weapon; or
(2) sells, offers to sell, or otherwise transfers an assault weapon.
(d) An offense under this section is a Class A misdemeanor.
(e) It is a defense to prosecution under this section that the actor engaged in the conduct while engaged in the actual discharge of official duties, or directly en route to or from the person's place of assignment, as:
(1) a peace officer; or
(2) a member of the armed forces or state military forces as defined by Section 431.001, Government Code.
(f) It is a defense to prosecution under Subsection (c)(1) that the actor lawfully possessed the assault weapon on August 31, 2021.
(g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
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