By: Kolkhorst, et al. S.B. No. 476
(Geren)
A BILL TO BE ENTITLED
AN ACT
relating to the duties of certain law enforcement officials under
procedures regulating the making or transfer of firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. CERTIFICATION TO MAKE OR TRANSFER FIREARM
Sec. 411.221. DEFINITIONS. In this section:
(1) "Certification" means the process by which a chief
law enforcement officer provides the certificate required by 27
C.F.R. Section 479.63 or 479.85 for the approval of an application
to make or transfer a firearm.
(2) "Chief law enforcement officer" means any law
enforcement official the Bureau of Alcohol, Tobacco, Firearms and
Explosives, or any of its successor agencies, identifies by
regulation or otherwise as eligible to provide a required
certification for the making or transfer of a firearm.
(3) "Firearm" has the meaning assigned by 26 U.S.C.
Section 5845(a).
Sec. 411.222. CERTIFICATION. (a) A chief law enforcement
officer shall provide certification not later than the 15th day
after the date of receipt of a request for certification unless the
chief law enforcement officer is unable to state on the certificate
that:
(1) the identification requirements of 27 C.F.R.
Section 479.63 or 479.85, as appropriate, are satisfied; or
(2) the officer has no information that:
(A) possession of a firearm by the maker or
transferee would violate state or local law; or
(B) the maker or transferee would use the firearm
for other than a lawful purpose.
(b) If the chief law enforcement officer is unable to
provide certification under Subsection (a), the chief law
enforcement officer shall provide the person who requested the
certification with a written notification of the denial, including
the reason for the denial under 27 C.F.R. Section 479.63 or 479.85.
Sec. 411.223. APPEAL FROM DENIAL. (a) If a chief law
enforcement officer denies a request for certification, the person
who requested the certification may appeal the chief law
enforcement officer's decision to the district court of the county
in which the person resides.
(b) The review of the chief law enforcement officer's
decision to deny the certification shall be by trial de novo.
(c) If the court finds that no substantial evidence supports
the chief law enforcement officer's determination that the chief
law enforcement officer cannot legally make the certification, the
court shall:
(1) order the chief law enforcement officer to issue
the certification; and
(2) award court costs and reasonable attorney's fees
to the person who requested the certification.
Sec. 411.224. IMMUNITY FROM LIABILITY. A chief law
enforcement officer or an employee of a chief law enforcement
officer who, in good faith, provides a certification as described
by Section 411.222 is immune from civil or criminal liability
resulting from the certification.
SECTION 2. This Act takes effect September 1, 2015.