| 1 | 1 | | 84R653 AJZ-D |
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| 2 | 2 | | By: Ellis S.B. No. 258 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of certain offenses concerning firearm |
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| 8 | 8 | | sales at gun shows. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 46.01, Penal Code, is amended by adding |
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| 11 | 11 | | Subdivisions (18) and (19) to read as follows: |
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| 12 | 12 | | (18) "Gun show" means a place other than a permanent |
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| 13 | 13 | | retail store, including a driveway, sidewalk or walkway, parking |
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| 14 | 14 | | lot, or other parking area, or an event at which: |
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| 15 | 15 | | (A) three or more individuals assemble to display |
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| 16 | 16 | | firearms or firearm components to the public; and |
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| 17 | 17 | | (B) a fee is charged for the privilege of |
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| 18 | 18 | | displaying the firearms or firearm components or a fee is charged |
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| 19 | 19 | | for admission to the area where the firearms or components are |
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| 20 | 20 | | displayed. |
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| 21 | 21 | | (19) "Gun show promoter" means a person who organizes, |
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| 22 | 22 | | plans, promotes, or operates a gun show. |
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| 23 | 23 | | SECTION 2. Chapter 46, Penal Code, is amended by adding |
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| 24 | 24 | | Sections 46.065 and 46.066 to read as follows: |
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| 25 | 25 | | Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN |
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| 26 | 26 | | SHOWS. (a) A person commits an offense if the person knowingly |
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| 27 | 27 | | sells a firearm to another person in exchange for money or other |
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| 28 | 28 | | consideration at a gun show without complying with the national |
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| 29 | 29 | | instant criminal background check system in the manner required by |
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| 30 | 30 | | 18 U.S.C. Section 922 before completing the sale. A person who |
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| 31 | 31 | | conducts a criminal background check as required by this subsection |
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| 32 | 32 | | may charge a fee of not more than $10 to conduct the check. |
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| 33 | 33 | | (b) A person commits an offense if the person knowingly |
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| 34 | 34 | | sells a firearm to another person in exchange for money or other |
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| 35 | 35 | | consideration at a gun show and the person does not maintain a |
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| 36 | 36 | | record of the sale. |
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| 37 | 37 | | (c) It is an exception to the application of Subsection (a) |
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| 38 | 38 | | that the person to whom the firearm is sold: |
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| 39 | 39 | | (1) is licensed to carry a concealed handgun under |
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| 40 | 40 | | Subchapter H, Chapter 411, Government Code; or |
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| 41 | 41 | | (2) is a peace officer. |
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| 42 | 42 | | (d) An offense under Subsection (a) or (b) is a Class A |
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| 43 | 43 | | misdemeanor. |
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| 44 | 44 | | Sec. 46.066. CERTAIN REQUIREMENTS RELATING TO GUN SHOW |
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| 45 | 45 | | PROMOTER. (a) A gun show promoter commits an offense if the |
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| 46 | 46 | | promoter, with criminal negligence, permits the sale of a firearm |
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| 47 | 47 | | to a person at a gun show organized, planned, promoted, or operated |
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| 48 | 48 | | by the promoter without complying with the national instant |
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| 49 | 49 | | criminal background check system in the manner required by 18 |
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| 50 | 50 | | U.S.C. Section 922 before completion of the sale. |
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| 51 | 51 | | (b) It is an exception to the application of Subsection (a) |
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| 52 | 52 | | that the person to whom the firearm is sold: |
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| 53 | 53 | | (1) is licensed to carry a concealed handgun under |
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| 54 | 54 | | Subchapter H, Chapter 411, Government Code; or |
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| 55 | 55 | | (2) is a peace officer. |
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| 56 | 56 | | (c) Not later than the 30th day before the date on which a |
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| 57 | 57 | | gun show is held, the gun show promoter shall provide written notice |
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| 58 | 58 | | of the date, time, and place of the gun show to the local law |
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| 59 | 59 | | enforcement agency of the county or, if applicable, the |
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| 60 | 60 | | municipality in which the gun show will be held. |
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| 61 | 61 | | (d) A gun show promoter shall conduct, or arrange for a |
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| 62 | 62 | | person who is a licensed firearms dealer under 18 U.S.C. Section 923 |
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| 63 | 63 | | to conduct, an instant criminal background check in the manner |
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| 64 | 64 | | required by 18 U.S.C. Section 922 on any person who purchases a |
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| 65 | 65 | | firearm at a gun show organized, planned, promoted, or operated by |
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| 66 | 66 | | the promoter from another person who is not a licensed firearms |
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| 67 | 67 | | dealer under 18 U.S.C. Section 923. A person who conducts a |
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| 68 | 68 | | criminal background check as required by this subsection may charge |
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| 69 | 69 | | a fee of not more than $10 to conduct the check. |
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| 70 | 70 | | (e) A gun show promoter shall prominently post a notice in a |
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| 71 | 71 | | form prescribed by the Department of Public Safety stating the |
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| 72 | 72 | | requirements under this section and Section 46.065 relating to an |
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| 73 | 73 | | instant criminal background check. |
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| 74 | 74 | | (f) A gun show promoter commits an offense if the promoter |
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| 75 | 75 | | violates Subsection (c), (d), or (e). |
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| 76 | 76 | | (g) An offense under Subsection (a) or (f) is a Class A |
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| 77 | 77 | | misdemeanor. |
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| 78 | 78 | | (h) If conduct constituting an offense under this section |
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| 79 | 79 | | also constitutes an offense under Section 46.065, the actor may be |
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| 80 | 80 | | prosecuted under either section or under both sections. |
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| 81 | 81 | | SECTION 3. The change in law made by Section 46.066(c), |
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| 82 | 82 | | Penal Code, as added by this Act, applies only to a gun show held on |
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| 83 | 83 | | or after October 1, 2015. |
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| 84 | 84 | | SECTION 4. This Act takes effect September 1, 2015. |
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