86R8480 AJZ-D
By: Meza H.B. No. 1376
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain firearm transfers; creating
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Business & Commerce Code, is amended by
adding Chapter 205 to read as follows:
CHAPTER 205. REGULATION OF FIREARM TRANSFERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Public
Safety.
(2) "Licensed firearms dealer" means a person who is
licensed as a firearms dealer under 18 U.S.C. Section 923.
SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS
Sec. 205.051. DOCUMENTATION OF PRIVATE FIREARM TRANSFERS.
(a) The department by rule shall adopt a form to document the sale
or other transfer of a firearm by a person who is not a licensed
firearms dealer.
(b) The form adopted under Subsection (a) must include:
(1) the name, driver's license or personal
identification certificate number, if any, and contact information
of the person selling or transferring the firearm;
(2) the name, driver's license or personal
identification certificate number, if any, and contact information
of the person to whom the firearm is being sold or transferred;
(3) the type of firearm and serial number of the
firearm being sold or transferred; and
(4) any other information the department considers
necessary to document the sale or transfer.
Sec. 205.052. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER.
(a) Subject to Section 205.053, a person may not sell or otherwise
transfer a firearm to another person unless:
(1) the person is a licensed firearms dealer; or
(2) the person is not a licensed firearms dealer and:
(A) documents the sale or transfer on the form
adopted by the department under Section 205.051; and
(B) submits the form described by Paragraph (A)
to the department not later than the 30th day after the date of the
sale or transfer.
(b) A person who violates this section commits an offense.
An offense under this section is a Class C misdemeanor.
Sec. 205.053. REQUIREMENTS FOR PERSON SELLING OR
TRANSFERRING FIREARMS. (a) A person may not sell or otherwise
transfer more than five firearms to one or more persons each year
unless the person is a licensed firearms dealer.
(b) A person who violates this section commits an offense.
An offense under this section is a Class C misdemeanor.
(c) This section does not apply to:
(1) a transfer of a firearm to a person by inheritance
or bequest on the death of the owner of the firearm; or
(2) a sale or other transfer of a firearm by the owner
of the firearm if the transferor and the transferee are related
within the third degree by consanguinity or within the second
degree by affinity as determined under Chapter 573, Government
Code.
SECTION 2. This Act takes effect September 1, 2019.