Texas 2023 - 88th Regular

Texas House Bill HB146

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of certain criminal offenses concerning firearm sales at gun shows.

Impact

If enacted, HB146 will amend the Texas Penal Code, introducing legal requirements that reinforce background checks for firearm sales at gun shows. Gun show promoters will have increased responsibilities, including ensuring compliance with the background check system and posting notices about these legal obligations at the events. This direct intervention aims to enhance public safety by regulating how firearms are sold at these gatherings, potentially reducing the risks of unregulated sales that could contribute to crime and violence.

Summary

House Bill 146 aims to create specific criminal offenses related to firearm sales at gun shows in Texas. The bill establishes definitions for 'gun show' and 'gun show promoter' and outlines significant requirements for conducting firearm sales at these events. Specifically, the legislation mandates that any sale of a firearm must comply with the National Instant Criminal Background Check System. Failure to do so constitutes a Class A misdemeanor for both the seller and the promoter of the gun show. The bill also requires promoters to notify law enforcement about upcoming gun shows and to conduct or arrange for background checks during these events.

Sentiment

The sentiment surrounding HB146 is markedly divided. Proponents argue that this legislation is a necessary step to close loopholes in existing firearm sale regulations, furthering public safety and aligning Texas laws with broader federal standards. Opponents, however, view the bill as an infringement on the rights of gun owners and sellers, potentially complicating sales processes and arguing against perceived overreach by government authorities into private transactions at gun shows.

Contention

The primary points of contention revolve around the enforcement of background checks and the implications for individual rights concerning gun ownership. Proponents advocate for the need to regulate firearm transactions to prevent sales to individuals who may pose a danger to society. In contrast, critics claim that imposing these checks at gun shows may deter lawful transactions and infringe upon Second Amendment rights. This debate illustrates the ongoing tension between public safety measures and gun rights advocacy within the legislative framework of Texas.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 46. Weapons
    • Section: 01
    • Section: New Section

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: New Section

Companion Bills

TX SB360

Identical Relating to the creation of certain criminal offenses concerning firearm sales at gun shows.

TX HB110

Same As Relating to the creation of certain criminal offenses concerning firearm sales at gun shows.

TX HB110

Same As Relating to the creation of certain criminal offenses concerning firearm sales at gun shows.

TX HB2276

Same As Relating to the creation of certain criminal offenses concerning firearm sales at gun shows.

TX HB2276

Same As Relating to the creation of certain criminal offenses concerning firearm sales at gun shows.

TX SB1736

Similar To Relating to the creation of certain criminal offenses concerning firearm sales at gun shows; authorizing a fee.

TX SB1736

Similar To Relating to the creation of certain criminal offenses concerning firearm sales at gun shows; authorizing a fee.

Previously Filed As

TX HB308

Relating to the creation of certain criminal offenses concerning firearm sales at gun shows; authorizing a fee.

TX HB828

Relating to the creation of certain criminal offenses concerning firearm sales at gun shows; authorizing a fee.

Similar Bills

No similar bills found.