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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a national instant criminal background check |
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in connection with firearm loans at a sport shooting range; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR |
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FIREARM LOAN |
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Sec. 411.221. DEFINITIONS. In this subchapter: |
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(1) "Licensed firearms dealer" means a person who is |
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licensed as a firearms dealer under 18 U.S.C. Section 923. |
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(2) "Peace officer" has the meaning assigned by |
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Article 2.12, Code of Criminal Procedure. |
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Sec. 411.222. REQUIREMENTS FOR FIREARM LOAN AT SPORT |
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SHOOTING RANGE. A person may not loan a firearm to another person |
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for the purpose of shooting at a sport shooting range, as defined by |
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Section 250.001, Local Government Code, unless: |
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(1) the person is a licensed firearms dealer who |
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conducts a national instant criminal background check in the manner |
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required for the sale of a firearm by 18 U.S.C. Section 922 and |
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verifies that the person to whom the firearm is being loaned may |
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lawfully possess a firearm; or |
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(2) the person is not a licensed firearms dealer and: |
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(A) the person loans the firearm to a licensed |
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firearms dealer, a peace officer, or a person licensed to carry a |
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handgun under Subchapter H; or |
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(B) before the firearm is loaned to the person, |
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the person loaning the firearm delivers the firearm to a licensed |
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firearms dealer who conducts a national instant criminal background |
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check in the manner required for the sale of a firearm by 18 U.S.C. |
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Section 922 and verifies that the person to whom the firearm is |
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being loaned may lawfully possess a firearm. |
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Sec. 411.223. OFFENSE. A person who violates this |
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subchapter commits an offense. An offense under this section is a |
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Class C misdemeanor punishable by a fine not to exceed $1,500. |
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SECTION 2. This Act takes effect September 1, 2019. |