| 1 | 1 | | 85R2167 AJZ-D |
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| 2 | 2 | | By: Blanco H.B. No. 2034 |
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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 requiring a national instant criminal background check |
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| 8 | 8 | | in connection with certain firearm sales; creating an offense. |
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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. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR |
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| 13 | 13 | | INTRASTATE INTERNET FIREARM SALE |
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| 14 | 14 | | Sec. 411.221. DEFINITION. In this subchapter, "licensed |
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| 15 | 15 | | firearms dealer" means a person who is licensed as a firearms dealer |
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| 16 | 16 | | under 18 U.S.C. Section 923. |
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| 17 | 17 | | Sec. 411.222. REQUIREMENTS FOR INTRASTATE INTERNET FIREARM |
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| 18 | 18 | | SALE. A person in this state may not sell a firearm to another |
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| 19 | 19 | | person in this state by means of the Internet unless: |
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| 20 | 20 | | (1) the person is a licensed firearms dealer; |
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| 21 | 21 | | (2) the person sells the firearm to a licensed |
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| 22 | 22 | | firearms dealer; or |
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| 23 | 23 | | (3) before the firearm is delivered to the person to |
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| 24 | 24 | | whom the firearm is being sold, the person selling the firearm |
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| 25 | 25 | | delivers the firearm to a licensed firearms dealer to retain |
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| 26 | 26 | | possession of the firearm until the dealer conducts a national |
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| 27 | 27 | | instant criminal background check in a manner required by 18 U.S.C. |
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| 28 | 28 | | Section 922 and verifies that the person to whom the firearm is |
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| 29 | 29 | | being sold may lawfully possess a firearm. |
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| 30 | 30 | | Sec. 411.223. DUTIES OF LICENSED FIREARMS DEALER. (a) If a |
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| 31 | 31 | | licensed firearms dealer receives a firearm under Section |
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| 32 | 32 | | 411.222(3), the dealer shall conduct a national instant criminal |
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| 33 | 33 | | background check in the manner required by 18 U.S.C. Section 922 to |
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| 34 | 34 | | verify that the person to whom the firearm is being sold may |
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| 35 | 35 | | lawfully possess a firearm before transferring the firearm to that |
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| 36 | 36 | | person. |
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| 37 | 37 | | (b) If a licensed firearms dealer determines that the person |
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| 38 | 38 | | to whom the firearm is being sold may not lawfully possess a |
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| 39 | 39 | | firearm, the dealer shall return the firearm to the person selling |
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| 40 | 40 | | the firearm. |
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| 41 | 41 | | (c) A licensed firearms dealer to whom a firearm is |
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| 42 | 42 | | delivered under Section 411.222(3) may collect a reasonable fee |
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| 43 | 43 | | from the person who is selling the firearm. |
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| 44 | 44 | | Sec. 411.224. OFFENSE. A person who violates this |
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| 45 | 45 | | subchapter commits an offense. An offense under this section is a |
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| 46 | 46 | | Class A misdemeanor. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2017. |
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