85R2167 AJZ-D
By: Blanco H.B. No. 2034
A BILL TO BE ENTITLED
AN ACT
relating to requiring a national instant criminal background check
in connection with certain firearm sales; creating an offense.
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. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
INTRASTATE INTERNET FIREARM SALE
Sec. 411.221. DEFINITION. In this subchapter, "licensed
firearms dealer" means a person who is licensed as a firearms dealer
under 18 U.S.C. Section 923.
Sec. 411.222. REQUIREMENTS FOR INTRASTATE INTERNET FIREARM
SALE. A person in this state may not sell a firearm to another
person in this state by means of the Internet unless:
(1) the person is a licensed firearms dealer;
(2) the person sells the firearm to a licensed
firearms dealer; or
(3) before the firearm is delivered to the person to
whom the firearm is being sold, the person selling the firearm
delivers the firearm to a licensed firearms dealer to retain
possession of the firearm until the dealer conducts a national
instant criminal background check in a manner required by 18 U.S.C.
Section 922 and verifies that the person to whom the firearm is
being sold may lawfully possess a firearm.
Sec. 411.223. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
licensed firearms dealer receives a firearm under Section
411.222(3), the dealer shall conduct a national instant criminal
background check in the manner required by 18 U.S.C. Section 922 to
verify that the person to whom the firearm is being sold may
lawfully possess a firearm before transferring the firearm to that
person.
(b) If a licensed firearms dealer determines that the person
to whom the firearm is being sold may not lawfully possess a
firearm, the dealer shall return the firearm to the person selling
the firearm.
(c) A licensed firearms dealer to whom a firearm is
delivered under Section 411.222(3) may collect a reasonable fee
from the person who is selling the firearm.
Sec. 411.224. OFFENSE. A person who violates this
subchapter commits an offense. An offense under this section is a
Class A misdemeanor.
SECTION 2. This Act takes effect September 1, 2017.