Texas 2023 - 88th Regular

Texas House Bill HB155 Compare Versions

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1	1	88R1095 AJZ-D
2	2	By: Ortega H.B. No. 155
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 certain firearm transfers; creating a criminal
9	9	offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 6, Business & Commerce Code, is amended by
12	12	adding Chapter 205 to read as follows:
13	13	CHAPTER 205. REGULATION OF PRIVATE FIREARM TRANSFERS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 205.001. DEFINITIONS. In this chapter:
16	16	(1) "Firearm" has the meaning assigned by Section
17	17	46.01, Penal Code.
18	18	(2) "Licensed firearms dealer" means a person who is
19	19	licensed as a firearms dealer under 18 U.S.C. Section 923.
20	20	SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
21	21	PRIVATE FIREARM TRANSFERS
22	22	Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
23	23	REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or
24	24	otherwise transfer a firearm to another person unless:
25	25	(1) the person is a licensed firearms dealer;
26	26	(2) the person sells or transfers the firearm to a
27	27	licensed firearms dealer; or
28	28	(3) before the firearm is delivered to the person to
29	29	whom the firearm is being sold or transferred, the person selling or
30	30	transferring the firearm delivers the firearm to a licensed
31	31	firearms dealer to retain possession of the firearm until the
32	32	dealer conducts a national instant criminal background check in the
33	33	manner required by 18 U.S.C. Section 922 and verifies that the
34	34	person to whom the firearm is being sold or transferred may lawfully
35	35	possess a firearm.
36	36	Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
37	37	licensed firearms dealer receives a firearm under Section
38	38	205.051(3), the dealer shall conduct a national instant criminal
39	39	background check in the manner required by 18 U.S.C. Section 922 to
40	40	verify that the person to whom the firearm is being sold or
41	41	transferred may lawfully possess a firearm.
42	42	(b) If a licensed firearms dealer determines that the person
43	43	to whom the firearm is being sold or transferred may not lawfully
44	44	possess a firearm, the dealer shall return the firearm to the person
45	45	selling or transferring the firearm.
46	46	(c) If a licensed firearms dealer determines that the person
47	47	to whom the firearm is being sold or transferred may lawfully
48	48	possess a firearm, the dealer shall transfer the firearm as
49	49	directed by the person selling or transferring the firearm.
50	50	(d) A licensed firearms dealer to whom a firearm is
51	51	delivered under Section 205.051(3) may collect a reasonable fee
52	52	from the person who is selling or transferring the firearm.
53	53	Sec. 205.053. NONAPPLICABILITY. This subchapter does not
54	54	apply to:
55	55	(1) a sale or transfer of a firearm to a person
56	56	licensed to carry a handgun under Subchapter H, Chapter 411,
57	57	Government Code;
58	58	(2) a sale or transfer of a firearm to or from:
59	59	(A) a law enforcement agency or law enforcement
60	60	officer for law enforcement purposes;
61	61	(B) a member of the United States armed forces or
62	62	National Guard in the discharge of official duties; or
63	63	(C) a security officer who holds a security
64	64	officer commission under Chapter 1702, Occupations Code, and who is
65	65	acting within the course and scope of official duties;
66	66	(3) a sale or transfer of a firearm by the owner of the
67	67	firearm if the transferor and the transferee are related within the
68	68	third degree by consanguinity or within the second degree by
69	69	affinity as determined under Chapter 573, Government Code, and if
70	70	the transferor does not have any reason to believe that:
71	71	(A) local, state, or federal law prohibits the
72	72	transferee from purchasing or possessing a firearm; or
73	73	(B) the transferee is likely to use the firearm
74	74	for an unlawful purpose;
75	75	(4) a temporary transfer of a firearm that is
76	76	reasonably necessary to prevent imminent death or bodily harm,
77	77	including harm to self or another person, if the transferee
78	78	possesses the firearm only to the extent reasonably necessary to
79	79	prevent the imminent death or bodily harm;
80	80	(5) a sale or transfer of a firearm that is an antique,
81	81	curio, or relic;
82	82	(6) a transfer of a firearm that is authorized by
83	83	Section 5812 of the Internal Revenue Code of 1986 (26 U.S.C. Section
84	84	5812);
85	85	(7) a transfer of a firearm to or from a gunsmith for
86	86	the purpose of service or repair; or
87	87	(8) a temporary loan of a firearm to a person:
88	88	(A) while in the presence of the transferor;
89	89	(B) on the premises of a sport shooting range, as
90	90	defined by Section 250.001, Local Government Code, and solely for
91	91	the purpose of shooting at lawful targets at the range;
92	92	(C) for the purpose of lawful hunting or
93	93	sporting, or for any other lawful recreational activity; or
94	94	(D) at a lawful competition involving the use of
95	95	a firearm.
96	96	Sec. 205.054. OFFENSE. A person who violates this
97	97	subchapter commits an offense. An offense under this section is a
98	98	Class B misdemeanor. Each firearm sold or transferred in violation
99	99	of this subchapter constitutes a separate offense.
100	100	SECTION 2. This Act takes effect September 1, 2023.