| 1 | 1 | | 87R66 AJZ-D |
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| 2 | 2 | | By: Ortega H.B. No. 118 |
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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 private firearm transfers; creating a criminal |
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| 9 | 9 | | offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 6, Business & Commerce Code, is amended by |
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| 12 | 12 | | adding Chapter 205 to read as follows: |
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| 13 | 13 | | CHAPTER 205. REGULATION OF PRIVATE FIREARM TRANSFERS |
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| 14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 15 | 15 | | Sec. 205.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Firearm" has the meaning assigned by Section |
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| 17 | 17 | | 46.01, Penal Code. |
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| 18 | 18 | | (2) "Licensed firearms dealer" means a person who is |
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| 19 | 19 | | licensed as a firearms dealer under 18 U.S.C. Section 923. |
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| 20 | 20 | | (3) "Peace officer" has the meaning assigned by |
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| 21 | 21 | | Article 2.12, Code of Criminal Procedure. |
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| 22 | 22 | | SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS |
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| 23 | 23 | | Sec. 205.051. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER; |
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| 24 | 24 | | OFFENSE. (a) A person may not sell or otherwise transfer a firearm |
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| 25 | 25 | | to another person unless: |
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| 26 | 26 | | (1) the person is a licensed firearms dealer; or |
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| 27 | 27 | | (2) the person is not a licensed firearms dealer, and: |
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| 28 | 28 | | (A) the person sells or transfers the firearm to |
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| 29 | 29 | | a licensed firearms dealer, a peace officer, a law enforcement |
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| 30 | 30 | | agency, or a person licensed to carry a handgun under Subchapter H, |
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| 31 | 31 | | Chapter 411, Government Code; |
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| 32 | 32 | | (B) the transferor and the transferee are related |
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| 33 | 33 | | within the third degree by consanguinity or within the second |
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| 34 | 34 | | degree by affinity as determined under Chapter 573, Government |
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| 35 | 35 | | Code; or |
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| 36 | 36 | | (C) before delivering the firearm to the person |
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| 37 | 37 | | to whom the firearm is being sold or transferred, the person selling |
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| 38 | 38 | | or transferring the firearm requests that a licensed firearms |
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| 39 | 39 | | dealer conduct, in the manner required by 18 U.S.C. Section 922, a |
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| 40 | 40 | | national instant criminal background check to verify that the |
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| 41 | 41 | | person to whom the firearm is being sold or transferred may lawfully |
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| 42 | 42 | | possess a firearm. |
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| 43 | 43 | | (b) A person who violates this section commits an offense. |
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| 44 | 44 | | An offense under this section is a Class B misdemeanor. Each firearm |
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| 45 | 45 | | sold or transferred in violation of this section constitutes a |
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| 46 | 46 | | separate offense. |
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| 47 | 47 | | Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a |
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| 48 | 48 | | licensed firearms dealer receives a request to conduct a national |
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| 49 | 49 | | instant criminal background check under Section 205.051(a)(2)(C), |
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| 50 | 50 | | the dealer shall: |
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| 51 | 51 | | (1) in the manner required by 18 U.S.C. Section 922, |
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| 52 | 52 | | conduct the criminal background check to verify that the person to |
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| 53 | 53 | | whom the firearm is being sold or transferred may lawfully possess a |
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| 54 | 54 | | firearm; and |
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| 55 | 55 | | (2) notify the person who is selling or transferring |
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| 56 | 56 | | the firearm of the results of the criminal background check. |
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| 57 | 57 | | (b) A licensed firearms dealer who performs a national |
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| 58 | 58 | | instant criminal background check under this section may collect a |
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| 59 | 59 | | reasonable fee from the person who requests the criminal background |
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| 60 | 60 | | check. |
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| 61 | 61 | | SECTION 2. This Act takes effect September 1, 2021. |
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