| 1 | 1 | | 88R13810 AJZ-D |
|---|
| 2 | 2 | | By: Lalani H.B. No. 3089 |
|---|
| 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 private 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. REGULATION OF PRIVATE FIREARM TRANSFERS |
|---|
| 21 | 21 | | Sec. 205.051. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER; |
|---|
| 22 | 22 | | OFFENSE. (a) A person may not sell or otherwise transfer a firearm |
|---|
| 23 | 23 | | to another person unless: |
|---|
| 24 | 24 | | (1) the person is a licensed firearms dealer; or |
|---|
| 25 | 25 | | (2) the person is not a licensed firearms dealer, and: |
|---|
| 26 | 26 | | (A) the person sells or transfers the firearm to |
|---|
| 27 | 27 | | a licensed firearms dealer; or |
|---|
| 28 | 28 | | (B) before delivering the firearm to the person |
|---|
| 29 | 29 | | to whom the firearm is being sold or transferred, the person selling |
|---|
| 30 | 30 | | or transferring the firearm: |
|---|
| 31 | 31 | | (i) requests that a licensed firearms |
|---|
| 32 | 32 | | dealer conduct, in the manner required by 18 U.S.C. Section 922, a |
|---|
| 33 | 33 | | national instant criminal background check; and |
|---|
| 34 | 34 | | (ii) verifies that the person to whom the |
|---|
| 35 | 35 | | firearm is being sold or transferred may lawfully possess a |
|---|
| 36 | 36 | | firearm. |
|---|
| 37 | 37 | | (b) A person who violates this section commits an offense. |
|---|
| 38 | 38 | | An offense under this section is a Class A misdemeanor. |
|---|
| 39 | 39 | | Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a |
|---|
| 40 | 40 | | licensed firearms dealer receives a request to conduct a national |
|---|
| 41 | 41 | | instant criminal background check under Section 205.051(a)(2)(B), |
|---|
| 42 | 42 | | the dealer shall: |
|---|
| 43 | 43 | | (1) in the manner required by 18 U.S.C. Section 922, |
|---|
| 44 | 44 | | conduct the criminal background check to verify that the person to |
|---|
| 45 | 45 | | whom the firearm is being sold or transferred may lawfully possess a |
|---|
| 46 | 46 | | firearm; and |
|---|
| 47 | 47 | | (2) notify the person who is selling or transferring |
|---|
| 48 | 48 | | the firearm of the results of the criminal background check. |
|---|
| 49 | 49 | | (b) A licensed firearms dealer who performs a national |
|---|
| 50 | 50 | | instant criminal background check under this section may collect a |
|---|
| 51 | 51 | | reasonable fee from the person who requests the criminal background |
|---|
| 52 | 52 | | check. |
|---|
| 53 | 53 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|