Relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB03089I.htm
| 88R13810 AJZ-D | ||
| By: Lalani | H.B. No. 3089 | |
|
|
||
|
|
||
| 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. | ||
