| 1 | 1 | | By: Kolkhorst, et al. S.B. No. 476 |
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| 2 | 2 | | (Geren) |
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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 duties of certain law enforcement officials under |
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| 8 | 8 | | procedures regulating the making or transfer of firearms. |
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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. Chapter 411, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter H-1 to read as follows: |
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| 12 | 12 | | SUBCHAPTER H-1. CERTIFICATION TO MAKE OR TRANSFER FIREARM |
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| 13 | 13 | | Sec. 411.221. DEFINITIONS. In this section: |
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| 14 | 14 | | (1) "Certification" means the process by which a chief |
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| 15 | 15 | | law enforcement officer provides the certificate required by 27 |
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| 16 | 16 | | C.F.R. Section 479.63 or 479.85 for the approval of an application |
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| 17 | 17 | | to make or transfer a firearm. |
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| 18 | 18 | | (2) "Chief law enforcement officer" means any law |
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| 19 | 19 | | enforcement official the Bureau of Alcohol, Tobacco, Firearms and |
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| 20 | 20 | | Explosives, or any of its successor agencies, identifies by |
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| 21 | 21 | | regulation or otherwise as eligible to provide a required |
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| 22 | 22 | | certification for the making or transfer of a firearm. |
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| 23 | 23 | | (3) "Firearm" has the meaning assigned by 26 U.S.C. |
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| 24 | 24 | | Section 5845(a). |
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| 25 | 25 | | Sec. 411.222. CERTIFICATION. (a) A chief law enforcement |
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| 26 | 26 | | officer shall provide certification not later than the 15th day |
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| 27 | 27 | | after the date of receipt of a request for certification unless the |
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| 28 | 28 | | chief law enforcement officer is unable to state on the certificate |
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| 29 | 29 | | that: |
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| 30 | 30 | | (1) the identification requirements of 27 C.F.R. |
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| 31 | 31 | | Section 479.63 or 479.85, as appropriate, are satisfied; or |
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| 32 | 32 | | (2) the officer has no information that: |
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| 33 | 33 | | (A) possession of a firearm by the maker or |
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| 34 | 34 | | transferee would violate state or local law; or |
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| 35 | 35 | | (B) the maker or transferee would use the firearm |
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| 36 | 36 | | for other than a lawful purpose. |
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| 37 | 37 | | (b) If the chief law enforcement officer is unable to |
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| 38 | 38 | | provide certification under Subsection (a), the chief law |
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| 39 | 39 | | enforcement officer shall provide the person who requested the |
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| 40 | 40 | | certification with a written notification of the denial, including |
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| 41 | 41 | | the reason for the denial under 27 C.F.R. Section 479.63 or 479.85. |
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| 42 | 42 | | Sec. 411.223. APPEAL FROM DENIAL. (a) If a chief law |
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| 43 | 43 | | enforcement officer denies a request for certification, the person |
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| 44 | 44 | | who requested the certification may appeal the chief law |
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| 45 | 45 | | enforcement officer's decision to the district court of the county |
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| 46 | 46 | | in which the person resides. |
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| 47 | 47 | | (b) The review of the chief law enforcement officer's |
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| 48 | 48 | | decision to deny the certification shall be by trial de novo. |
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| 49 | 49 | | (c) If the court finds that no substantial evidence supports |
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| 50 | 50 | | the chief law enforcement officer's determination that the chief |
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| 51 | 51 | | law enforcement officer cannot legally make the certification, the |
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| 52 | 52 | | court shall: |
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| 53 | 53 | | (1) order the chief law enforcement officer to issue |
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| 54 | 54 | | the certification; and |
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| 55 | 55 | | (2) award court costs and reasonable attorney's fees |
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| 56 | 56 | | to the person who requested the certification. |
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| 57 | 57 | | Sec. 411.224. IMMUNITY FROM LIABILITY. A chief law |
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| 58 | 58 | | enforcement officer or an employee of a chief law enforcement |
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| 59 | 59 | | officer who, in good faith, provides a certification as described |
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| 60 | 60 | | by Section 411.222 is immune from civil or criminal liability |
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| 61 | 61 | | resulting from the certification. |
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| 62 | 62 | | SECTION 2. This Act takes effect September 1, 2015. |
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