| 1 | 1 | | 86R8481 AJZ-D |
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| 2 | 2 | | By: Meza H.B. No. 1375 |
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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 regulation of certain firearm transfers; creating a |
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| 8 | 8 | | criminal 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. Title 6, Business & Commerce Code, is amended by |
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| 11 | 11 | | adding Chapter 205 to read as follows: |
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| 12 | 12 | | CHAPTER 205. REGULATION OF FIREARM TRANSFERS |
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| 13 | 13 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 14 | 14 | | Sec. 205.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Department" means the Department of Public |
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| 16 | 16 | | Safety. |
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| 17 | 17 | | (2) "Licensed firearms dealer" means a person who is |
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| 18 | 18 | | licensed as a firearms dealer under 18 U.S.C. Section 923. |
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| 19 | 19 | | SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS |
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| 20 | 20 | | Sec. 205.051. DOCUMENTATION OF PRIVATE FIREARM TRANSFERS. |
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| 21 | 21 | | (a) The department by rule shall adopt a form to document the sale |
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| 22 | 22 | | or other transfer of a firearm by a person who is not a licensed |
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| 23 | 23 | | firearms dealer. |
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| 24 | 24 | | (b) The form adopted under Subsection (a) must include: |
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| 25 | 25 | | (1) the name, driver's license or personal |
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| 26 | 26 | | identification certificate number, if any, and contact information |
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| 27 | 27 | | of the person selling or transferring the firearm; |
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| 28 | 28 | | (2) the name, driver's license or personal |
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| 29 | 29 | | identification certificate number, if any, and contact information |
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| 30 | 30 | | of the person to whom the firearm is being sold or transferred; |
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| 31 | 31 | | (3) the type of firearm and serial number of the |
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| 32 | 32 | | firearm being sold or transferred; and |
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| 33 | 33 | | (4) any other information the department considers |
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| 34 | 34 | | necessary to document the sale or transfer. |
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| 35 | 35 | | Sec. 205.052. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER. |
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| 36 | 36 | | (a) A person may not sell or otherwise transfer a firearm to another |
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| 37 | 37 | | person unless: |
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| 38 | 38 | | (1) the person is a licensed firearms dealer; or |
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| 39 | 39 | | (2) the person is not a licensed firearms dealer and: |
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| 40 | 40 | | (A) documents the sale or transfer on the form |
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| 41 | 41 | | adopted by the department under Section 205.051; and |
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| 42 | 42 | | (B) submits the form described by Paragraph (A) |
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| 43 | 43 | | to the department not later than the 30th day after the date of the |
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| 44 | 44 | | sale or transfer. |
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| 45 | 45 | | (b) A person who violates this section commits an offense. |
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| 46 | 46 | | An offense under this section is a Class C misdemeanor. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2019. |
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