Texas 2021 - 87th Regular

Texas House Bill HB218 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1404 AJZ-D
2	2	By: Meza H.B. No. 218
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain firearm transfers; creating
8	8	criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 6, Business & Commerce Code, is amended by
11	11	adding Chapter 205 to read as follows:
12	12	CHAPTER 205. REGULATION OF FIREARM TRANSFERS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 205.001. DEFINITIONS. In this chapter:
15	15	(1) "Department" means the Department of Public
16	16	Safety.
17	17	(2) "Firearm" has the meaning assigned by Section
18	18	46.01, Penal Code.
19	19	(3) "Licensed firearms dealer" means a person who is
20	20	licensed as a firearms dealer under 18 U.S.C. Section 923.
21	21	SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS
22	22	Sec. 205.051. DOCUMENTATION OF PRIVATE FIREARM TRANSFERS.
23	23	(a) The department by rule shall adopt a form to document the sale
24	24	or other transfer of a firearm by a person who is not a licensed
25	25	firearms dealer.
26	26	(b) The form adopted under Subsection (a) must include:
27	27	(1) the name, driver's license or personal
28	28	identification certificate number, if any, and contact information
29	29	of the person selling or transferring the firearm;
30	30	(2) the name, driver's license or personal
31	31	identification certificate number, if any, and contact information
32	32	of the person to whom the firearm is being sold or transferred;
33	33	(3) the type of firearm and serial number of the
34	34	firearm being sold or transferred; and
35	35	(4) any other information the department considers
36	36	necessary to document the sale or transfer.
37	37	Sec. 205.052. DOCUMENTATION REQUIREMENTS FOR PRIVATE
38	38	FIREARM TRANSFERS. (a) Subject to Subsection (b), a person may not
39	39	sell or otherwise transfer a firearm to another person unless the
40	40	person is a licensed firearms dealer.
41	41	(b) Subject to Section 205.053, a person who is not a
42	42	licensed firearms dealer may sell or otherwise transfer a firearm
43	43	to another person only if the transferor:
44	44	(1) documents the transfer on the form adopted by the
45	45	department under Section 205.051; and
46	46	(2) submits the form described by Subdivision (1) to
47	47	the department not later than the 30th day after the date of the
48	48	transfer.
49	49	(c) A person who violates this section commits an offense.
50	50	An offense under this section is a Class C misdemeanor.
51	51	Sec. 205.053. VOLUME LIMITATIONS ON PRIVATE FIREARM
52	52	TRANSFERS. (a) A person may not sell or otherwise transfer more
53	53	than five firearms to one or more persons each year unless the
54	54	transferor is a licensed firearms dealer.
55	55	(b) A person who violates this section commits an offense.
56	56	An offense under this section is a Class C misdemeanor.
57	57	(c) This section does not apply to:
58	58	(1) a transfer of a firearm to a person by inheritance
59	59	or bequest on the death of the owner of the firearm; or
60	60	(2) a sale or other transfer of a firearm by the owner
61	61	of the firearm if the transferor and the transferee are related
62	62	within the third degree by consanguinity or within the second
63	63	degree by affinity, as determined under Chapter 573, Government
64	64	Code.
65	65	SUBCHAPTER C. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
66	66	PRIVATE TRANSFER OF FIREARMS
67	67	Sec. 205.101. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
68	68	REQUIRED FOR PRIVATE TRANSFER OF FIREARMS. A person may not sell or
69	69	otherwise transfer a firearm to another person unless:
70	70	(1) the person is a licensed firearms dealer;
71	71	(2) the person transfers the firearm to a licensed
72	72	firearms dealer; or
73	73	(3) before the firearm is delivered to the person to
74	74	whom the firearm is being transferred, the person transferring the
75	75	firearm delivers the firearm to a licensed firearms dealer to
76	76	retain possession of the firearm until the dealer conducts a
77	77	national instant criminal background check in the manner required
78	78	by 18 U.S.C. Section 922 and verifies that the proposed transferee
79	79	may lawfully possess a firearm.
80	80	Sec. 205.102. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
81	81	licensed firearms dealer receives a firearm under Section
82	82	205.101(3), the dealer shall conduct a national instant criminal
83	83	background check in the manner required by 18 U.S.C. Section 922 to
84	84	verify that the person to whom the firearm is being transferred may
85	85	lawfully possess the firearm. The transfer may not occur until the
86	86	dealer completes the background check required by this subchapter.
87	87	(b) If a licensed firearms dealer determines that the
88	88	proposed transferee may not lawfully possess a firearm, the dealer
89	89	shall return the firearm to the person who delivered the firearm to
90	90	the dealer under Section 205.101(3).
91	91	(c) A licensed firearms dealer to whom a firearm is
92	92	delivered under Section 205.101(3) may collect a reasonable fee
93	93	from the person who delivered the firearm to the dealer.
94	94	Sec. 205.103. OFFENSE. A person who violates this
95	95	subchapter commits an offense. An offense under this section is a
96	96	Class A misdemeanor.
97	97	SECTION 2. This Act takes effect September 1, 2021.