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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful seizure of a firearm by a governmental |
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officer or employee; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.16 to read as follows: |
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Sec. 46.16. UNLAWFUL SEIZURE OF FIREARM. (a) A person who |
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is an officer or employee of the United States, this state, or a |
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political subdivision of this state commits an offense if the |
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person, while acting under color of the person's office or |
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employment, intentionally or knowingly seizes a firearm as |
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permitted or required by a federal statute, order, rule, or |
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regulation that imposes a prohibition, restriction, or other |
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regulation on firearms that does not exist under the laws of this |
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state. |
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(b) For purposes of this section, a person acts under color |
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of the person's office or employment if the person acts or purports |
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to act in an official capacity or takes advantage of such actual or |
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purported capacity. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) It is an exception to the application of this section |
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that the person's seizure of a firearm was consistent with an |
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explicit and applicable grant of federal statutory authority that |
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is consistent with the United States Constitution. |
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(e) The prosecution may negate the existence of the |
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exception provided by Subsection (d) only by proving beyond a |
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reasonable doubt that, based on a decision entered by the United |
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States Supreme Court on or after September 1, 2013, the federal |
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statute, order, rule, or regulation described by Subsection (a) is |
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not within the scope of federal powers conferred by the United |
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States Constitution. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |