Texas 2025 - 89th Regular

Texas House Bill HB808 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1389 AJZ-D
2	2	By: Goodwin H.B. No. 808
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of certain criminal offenses concerning
10	10	firearm sales at gun shows.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 46.01, Penal Code, is amended by adding
13	13	Subdivisions (21) and (22) to read as follows:
14	14	(21) "Gun show" means a place other than a permanent
15	15	retail store, including a driveway, sidewalk or walkway, parking
16	16	lot, or other parking area, or an event at which:
17	17	(A) three or more individuals assemble to display
18	18	firearms or firearm components to the public; and
19	19	(B) a fee is charged for the privilege of
20	20	displaying the firearms or firearm components or a fee is charged
21	21	for admission to the area where the firearms or components are
22	22	displayed.
23	23	(22) "Gun show promoter" means a person who organizes,
24	24	plans, promotes, or operates a gun show.
25	25	SECTION 2. Chapter 46, Penal Code, is amended by adding
26	26	Sections 46.065 and 46.066 to read as follows:
27	27	Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN
28	28	SHOWS. (a) A person commits an offense if the person knowingly
29	29	sells a firearm to another person in exchange for money or other
30	30	consideration at a gun show without complying with the National
31	31	Instant Criminal Background Check System in the manner required by
32	32	18 U.S.C. Section 922 before completing the sale. A person who
33	33	conducts a criminal background check as required by this subsection
34	34	may charge a fee in an amount equal to the cost incurred by the
35	35	person to obtain the background check.
36	36	(b) A person commits an offense if the person knowingly
37	37	sells a firearm to another person in exchange for money or other
38	38	consideration at a gun show and the person does not maintain a
39	39	record of the sale.
40	40	(c) It is an exception to the application of Subsection (a)
41	41	that the person to whom the firearm is sold is:
42	42	(1) a peace officer; or
43	43	(2) a person who is licensed to carry a handgun under
44	44	Subchapter H, Chapter 411, Government Code.
45	45	(d) An offense under this section is a Class A misdemeanor.
46	46	Sec. 46.066. CERTAIN REQUIREMENTS RELATING TO GUN SHOW
47	47	PROMOTER. (a) A gun show promoter commits an offense if the
48	48	promoter, with criminal negligence, permits the sale of a firearm
49	49	to a person at a gun show organized, planned, promoted, or operated
50	50	by the promoter without complying with the National Instant
51	51	Criminal Background Check System in the manner required by 18
52	52	U.S.C. Section 922 before completion of the sale.
53	53	(b) It is an exception to the application of Subsection (a)
54	54	that the person to whom the firearm is sold is:
55	55	(1) a peace officer; or
56	56	(2) a person who is licensed to carry a handgun under
57	57	Subchapter H, Chapter 411, Government Code.
58	58	(c) Not later than the 30th day before the date on which a
59	59	gun show is held, the gun show promoter shall provide written notice
60	60	of the date, time, and place of the gun show to the local law
61	61	enforcement agency of the county or municipality in which the gun
62	62	show will be held.
63	63	(d) A gun show promoter shall conduct, or arrange for a
64	64	person who is a licensed firearms dealer under 18 U.S.C. Section 923
65	65	to conduct, an instant criminal background check in the manner
66	66	required by 18 U.S.C. Section 922 on any person who purchases a
67	67	firearm at a gun show organized, planned, promoted, or operated by
68	68	the promoter from another person who is not a licensed firearms
69	69	dealer under 18 U.S.C. Section 923. A person who conducts a
70	70	criminal background check as required by this subsection may charge
71	71	a fee in an amount equal to the cost incurred by the person to obtain
72	72	the background check.
73	73	(e) A gun show promoter shall prominently post a notice in a
74	74	form prescribed by the Department of Public Safety stating the
75	75	requirements under this section and Section 46.065 relating to an
76	76	instant criminal background check.
77	77	(f) A gun show promoter commits an offense if the promoter
78	78	violates Subsection (c), (d), or (e).
79	79	(g) An offense under this section is a Class A misdemeanor.
80	80	(h) If conduct constituting an offense under this section
81	81	also constitutes an offense under Section 46.065, the actor may be
82	82	prosecuted under either section or under both sections.
83	83	SECTION 3. The change in law made by Section 46.066(c),
84	84	Penal Code, as added by this Act, applies only to a gun show held on
85	85	or after October 1, 2025.
86	86	SECTION 4. This Act takes effect September 1, 2025.