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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 certain firearm transfers; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 205 to read as follows: |
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CHAPTER 205. REGULATION OF PRIVATE FIREARM TRANSFERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(2) "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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SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR |
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PRIVATE FIREARM TRANSFERS |
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Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK |
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REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or |
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otherwise transfer a firearm to another person unless: |
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(1) the person is a licensed firearms dealer; |
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(2) the person sells or transfers the firearm to a |
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licensed firearms dealer; or |
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(3) before the firearm is delivered to the person to |
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whom the firearm is being sold or transferred, the person selling or |
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transferring the firearm delivers the firearm to a licensed |
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firearms dealer to retain possession of the firearm until the |
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dealer conducts a national instant criminal background check in the |
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manner required by 18 U.S.C. Section 922 and verifies that the |
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person to whom the firearm is being sold or transferred may lawfully |
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possess a firearm. |
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Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a |
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licensed firearms dealer receives a firearm under Section |
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205.051(3), the dealer shall conduct a national instant criminal |
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background check in the manner required by 18 U.S.C. Section 922 to |
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verify that the person to whom the firearm is being sold or |
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transferred may lawfully possess a firearm. |
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(b) If a licensed firearms dealer determines that the person |
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to whom the firearm is being sold or transferred may not lawfully |
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possess a firearm, the dealer shall return the firearm to the person |
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selling or transferring the firearm. |
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(c) If a licensed firearms dealer determines that the person |
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to whom the firearm is being sold or transferred may lawfully |
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possess a firearm, the dealer shall transfer the firearm as |
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directed by the person selling or transferring the firearm. |
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(d) A licensed firearms dealer to whom a firearm is |
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delivered under Section 205.051(3) may collect a reasonable fee |
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from the person who is selling or transferring the firearm. |
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Sec. 205.053. NONAPPLICABILITY. This subchapter does not |
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apply to: |
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(1) a sale or transfer of a firearm to a person |
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licensed to carry a handgun under Subchapter H, Chapter 411, |
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Government Code; |
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(2) a sale or transfer of a firearm to or from: |
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(A) a law enforcement agency or law enforcement |
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officer for law enforcement purposes; |
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(B) a member of the United States armed forces or |
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National Guard in the discharge of official duties; or |
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(C) a security officer who holds a security |
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officer commission under Chapter 1702, Occupations Code, and who is |
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acting within the course and scope of official duties; |
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(3) a sale or transfer of a firearm by the owner of the |
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firearm if the transferor and the transferee are related within the |
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third degree by consanguinity or within the second degree by |
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affinity as determined under Chapter 573, Government Code, and if |
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the transferor does not have any reason to believe that: |
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(A) local, state, or federal law prohibits the |
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transferee from purchasing or possessing a firearm; or |
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(B) the transferee is likely to use the firearm |
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for an unlawful purpose; |
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(4) a temporary transfer of a firearm that is |
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reasonably necessary to prevent imminent death or bodily harm, |
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including harm to self or another person, if the transferee |
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possesses the firearm only to the extent reasonably necessary to |
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prevent the imminent death or bodily harm; |
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(5) a sale or transfer of a firearm that is an antique, |
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curio, or relic; |
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(6) a transfer of a firearm that is authorized by |
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Section 5812 of the Internal Revenue Code of 1986 (26 U.S.C. Section |
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5812); |
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(7) a transfer of a firearm to or from a gunsmith for |
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the purpose of service or repair; or |
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(8) a temporary loan of a firearm to a person: |
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(A) while in the presence of the transferor; |
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(B) on the premises of a sport shooting range, as |
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defined by Section 250.001, Local Government Code, and solely for |
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the purpose of shooting at lawful targets at the range; |
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(C) for the purpose of lawful hunting or |
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sporting, or for any other lawful recreational activity; or |
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(D) at a lawful competition involving the use of |
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a firearm. |
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Sec. 205.054. 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 B misdemeanor. Each firearm sold or transferred in violation |
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of this subchapter constitutes a separate offense. |
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SECTION 2. This Act takes effect September 1, 2023. |