HBA-EDN H.B. 194 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 194 By: Burnam Criminal Jurisprudence 3/15/2001 Introduced BACKGROUND AND PURPOSE Under current law, it is a Class A misdemeanor for a person to sell, rent, lease, loan, or give a handgun to a person whose intent to use the handgun unlawfully is known by the seller or giver. It is also a Class A misdemeanor for a person intentionally or knowingly to sell, rent, lease, or give a firearm, club or illegal knife to a person younger than 18 years of age. However, current law provides an affirmative defense to prosecution for a person who sold a prohibited weapon to a child if that person had written permission from the child's parent or legal guardian. An affirmative defense also exists for a person who rented, leased, or gave a prohibited weapon to a child if the parent or legal guardian had given effective consent. House Bill 194 increases the penalties for the offenses described above and limits the affirmative defenses to a transfer that was not by sale, rent, or, lease and for which the parent or guardian of the minor had given effective consent. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 194 amends the Penal Code to provide that it is an offense if a person 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 illegal knife. The bill removes the requirement that a person do so intentionally or knowingly in order for it to be an offense. The bill provides that it is an affirmative defense to prosecution if the transfer, unless the transfer is by sale, rent, or lease, is to a minor whose parent or legal guardian has given effective consent for the transfer. The bill removes language providing that it is an affirmative defense if the minor had written permission for the purchase from the minor's parent or legal guardian. The bill provides that a person who sells, rents, leases, loans, or gives a firearm to any person knowing that the person to whom the firearm is to be delivered intends to use it unlawfully or in the commission of an unlawful act commits a third degree felony , except that the offense is a second degree felony if the offense is committed at a gun show. The bill further provides that a person who 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 illegal knife commits a third degree felony if the offense is committed at a gun show. EFFECTIVE DATE September 1, 2001.