88R13810 AJZ-D
By: Lalani H.B. No. 3089
A BILL TO BE ENTITLED
AN ACT
relating to requiring a national instant criminal background check
in connection with private firearm transfers; creating a criminal
offense.
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 PRIVATE FIREARM TRANSFERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(2) "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. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER;
OFFENSE. (a) A person may not sell or otherwise transfer a firearm
to another person unless:
(1) the person is a licensed firearms dealer; or
(2) the person is not a licensed firearms dealer, and:
(A) the person sells or transfers the firearm to
a licensed firearms dealer; or
(B) before delivering the firearm to the person
to whom the firearm is being sold or transferred, the person selling
or transferring the firearm:
(i) requests that a licensed firearms
dealer conduct, in the manner required by 18 U.S.C. Section 922, a
national instant criminal background check; and
(ii) verifies that the person to whom the
firearm is being sold or transferred may lawfully possess a
firearm.
(b) A person who violates this section commits an offense.
An offense under this section is a Class A misdemeanor.
Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
licensed firearms dealer receives a request to conduct a national
instant criminal background check under Section 205.051(a)(2)(B),
the dealer shall:
(1) in the manner required by 18 U.S.C. Section 922,
conduct the criminal background check to verify that the person to
whom the firearm is being sold or transferred may lawfully possess a
firearm; and
(2) notify the person who is selling or transferring
the firearm of the results of the criminal background check.
(b) A licensed firearms dealer who performs a national
instant criminal background check under this section may collect a
reasonable fee from the person who requests the criminal background
check.
SECTION 2. This Act takes effect September 1, 2023.