| 1 | 1 | | 86R10568 AJZ-D |
|---|
| 2 | 2 | | By: Talarico H.B. No. 3507 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to requiring a national instant criminal background check |
|---|
| 8 | 8 | | in connection with firearm loans at a sport shooting range; |
|---|
| 9 | 9 | | creating a criminal offense. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 411, Government Code, is amended by |
|---|
| 12 | 12 | | adding Subchapter H-1 to read as follows: |
|---|
| 13 | 13 | | SUBCHAPTER H-1. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR |
|---|
| 14 | 14 | | FIREARM LOAN |
|---|
| 15 | 15 | | Sec. 411.221. DEFINITIONS. In this subchapter: |
|---|
| 16 | 16 | | (1) "Licensed firearms dealer" means a person who is |
|---|
| 17 | 17 | | licensed as a firearms dealer under 18 U.S.C. Section 923. |
|---|
| 18 | 18 | | (2) "Peace officer" has the meaning assigned by |
|---|
| 19 | 19 | | Article 2.12, Code of Criminal Procedure. |
|---|
| 20 | 20 | | Sec. 411.222. REQUIREMENTS FOR FIREARM LOAN AT SPORT |
|---|
| 21 | 21 | | SHOOTING RANGE. A person may not loan a firearm to another person |
|---|
| 22 | 22 | | for the purpose of shooting at a sport shooting range, as defined by |
|---|
| 23 | 23 | | Section 250.001, Local Government Code, unless: |
|---|
| 24 | 24 | | (1) the person is a licensed firearms dealer who |
|---|
| 25 | 25 | | conducts a national instant criminal background check in the manner |
|---|
| 26 | 26 | | required for the sale of a firearm by 18 U.S.C. Section 922 and |
|---|
| 27 | 27 | | verifies that the person to whom the firearm is being loaned may |
|---|
| 28 | 28 | | lawfully possess a firearm; or |
|---|
| 29 | 29 | | (2) the person is not a licensed firearms dealer and: |
|---|
| 30 | 30 | | (A) the person loans the firearm to a licensed |
|---|
| 31 | 31 | | firearms dealer, a peace officer, or a person licensed to carry a |
|---|
| 32 | 32 | | handgun under Subchapter H; or |
|---|
| 33 | 33 | | (B) before the firearm is loaned to the person, |
|---|
| 34 | 34 | | the person loaning the firearm delivers the firearm to a licensed |
|---|
| 35 | 35 | | firearms dealer who conducts a national instant criminal background |
|---|
| 36 | 36 | | check in the manner required for the sale of a firearm by 18 U.S.C. |
|---|
| 37 | 37 | | Section 922 and verifies that the person to whom the firearm is |
|---|
| 38 | 38 | | being loaned may lawfully possess a firearm. |
|---|
| 39 | 39 | | Sec. 411.223. OFFENSE. A person who violates this |
|---|
| 40 | 40 | | subchapter commits an offense. An offense under this section is a |
|---|
| 41 | 41 | | Class C misdemeanor punishable by a fine not to exceed $1,500. |
|---|
| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2019. |
|---|