87R1404 AJZ-D
By: Meza H.B. No. 218
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) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(3) "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. DOCUMENTATION REQUIREMENTS FOR PRIVATE
FIREARM TRANSFERS. (a) Subject to Subsection (b), a person may not
sell or otherwise transfer a firearm to another person unless the
person is a licensed firearms dealer.
(b) Subject to Section 205.053, a person who is not a
licensed firearms dealer may sell or otherwise transfer a firearm
to another person only if the transferor:
(1) documents the transfer on the form adopted by the
department under Section 205.051; and
(2) submits the form described by Subdivision (1) to
the department not later than the 30th day after the date of the
transfer.
(c) A person who violates this section commits an offense.
An offense under this section is a Class C misdemeanor.
Sec. 205.053. VOLUME LIMITATIONS ON PRIVATE FIREARM
TRANSFERS. (a) A person may not sell or otherwise transfer more
than five firearms to one or more persons each year unless the
transferor 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.
SUBCHAPTER C. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
PRIVATE TRANSFER OF FIREARMS
Sec. 205.101. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
REQUIRED FOR PRIVATE TRANSFER OF FIREARMS. A person may not sell or
otherwise transfer a firearm to another person unless:
(1) the person is a licensed firearms dealer;
(2) the person transfers the firearm to a licensed
firearms dealer; or
(3) before the firearm is delivered to the person to
whom the firearm is being transferred, the person transferring the
firearm delivers the firearm to a licensed firearms dealer to
retain possession of the firearm until the dealer conducts a
national instant criminal background check in the manner required
by 18 U.S.C. Section 922 and verifies that the proposed transferee
may lawfully possess a firearm.
Sec. 205.102. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
licensed firearms dealer receives a firearm under Section
205.101(3), the dealer shall conduct a national instant criminal
background check in the manner required by 18 U.S.C. Section 922 to
verify that the person to whom the firearm is being transferred may
lawfully possess the firearm. The transfer may not occur until the
dealer completes the background check required by this subchapter.
(b) If a licensed firearms dealer determines that the
proposed transferee may not lawfully possess a firearm, the dealer
shall return the firearm to the person who delivered the firearm to
the dealer under Section 205.101(3).
(c) A licensed firearms dealer to whom a firearm is
delivered under Section 205.101(3) may collect a reasonable fee
from the person who delivered the firearm to the dealer.
Sec. 205.103. OFFENSE. A person who violates this
subchapter commits an offense. An offense under this section is a
Class A misdemeanor.
SECTION 2. This Act takes effect September 1, 2021.