88R3320 AJZ-D
By: Blanco S.B. No. 170
A BILL TO BE ENTITLED
AN ACT
relating to requiring a national instant criminal background check
in connection with certain 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. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
PRIVATE FIREARM TRANSFERS
Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
REQUIRED FOR PRIVATE TRANSFER OF FIREARM. 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 sells or transfers the firearm to a
licensed firearms dealer; or
(3) before the firearm is delivered to the person to
whom the firearm is being sold or transferred, the person selling or
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
person to whom the firearm is being sold or transferred may lawfully
possess a firearm.
Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
licensed firearms dealer receives a firearm under Section
205.051(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 sold or
transferred may lawfully possess a firearm.
(b) If a licensed firearms dealer determines that the person
to whom the firearm is being sold or transferred may not lawfully
possess a firearm, the dealer shall return the firearm to the person
selling or transferring the firearm.
(c) If a licensed firearms dealer determines that the person
to whom the firearm is being sold or transferred may lawfully
possess a firearm, the dealer shall transfer the firearm as
directed by the person selling or transferring the firearm.
(d) A licensed firearms dealer to whom a firearm is
delivered under Section 205.051(3) may collect a reasonable fee
from the person who is selling or transferring the firearm.
Sec. 205.053. EXCEPTION. This subchapter 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.
Sec. 205.054. 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, 2023.