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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 private 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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(3) "Peace officer" has the meaning assigned by |
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Article 2.12, Code of Criminal Procedure. |
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SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS |
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Sec. 205.051. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER; |
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OFFENSE. (a) A person may not sell or otherwise transfer a firearm |
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to another person unless: |
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(1) the person is a licensed firearms dealer; or |
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(2) the person is not a licensed firearms dealer, and: |
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(A) the person sells or transfers the firearm to |
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a licensed firearms dealer, a peace officer, a law enforcement |
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agency, or a person licensed to carry a handgun under Subchapter H, |
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Chapter 411, Government Code; |
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(B) the transferor and the transferee are related |
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within the third degree by consanguinity or within the second |
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degree by affinity as determined under Chapter 573, Government |
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Code; or |
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(C) before delivering the firearm to the person |
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to whom the firearm is being sold or transferred, the person selling |
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or transferring the firearm requests that a licensed firearms |
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dealer conduct, in the manner required by 18 U.S.C. Section 922, a |
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national instant criminal background check to verify 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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(b) A person who violates this section commits an offense. |
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An offense under this section is a Class B misdemeanor. Each firearm |
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sold or transferred in violation of this section constitutes a |
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separate offense. |
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Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a |
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licensed firearms dealer receives a request to conduct a national |
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instant criminal background check under Section 205.051(a)(2)(C), |
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the dealer shall: |
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(1) in the manner required by 18 U.S.C. Section 922, |
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conduct the criminal background check to verify that the person to |
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whom the firearm is being sold or transferred may lawfully possess a |
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firearm; and |
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(2) notify the person who is selling or transferring |
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the firearm of the results of the criminal background check. |
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(b) A licensed firearms dealer who performs a national |
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instant criminal background check under this section may collect a |
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reasonable fee from the person who requests the criminal background |
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check. |
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SECTION 2. This Act takes effect September 1, 2021. |