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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the report of certain sales of multiple |
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firearms and multiple firearm magazines; 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. REPORTING OF CERTAIN SALES OF MULTIPLE FIREARMS AND |
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MULTIPLE FIREARM MAGAZINES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of Public Safety |
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of the State of Texas. |
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(2) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(3) "Multiple firearm sales report" means the form |
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described by Section 205.101, Business & Commerce Code. |
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(4) "Retailer" has the meaning assigned by Section |
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151.008, Tax Code. |
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SUBCHAPTER B. REPORTING REQUIREMENTS |
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Sec. 205.051. REPORTING OF CERTAIN SALES REQUIRED. (a) A |
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multiple firearm sales report is required when a retailer sells or |
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otherwise transfers to the same buyer or transferee within five |
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consecutive days: |
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(1) more than one firearm; or |
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(2) more than three detachable firearm magazines, |
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other than detachable firearm magazines originally packaged with a |
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firearm by the manufacturer that are sold or otherwise transferred |
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with the firearm. |
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(b) The multiple firearm sales report shall be transmitted |
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to the department before completing a sale or transfer described by |
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Subsection (a). |
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(c) Within 24 hours after receiving a multiple firearm sales |
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report, the department shall transmit it to the sheriff of the |
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county in which the retailer operates and the sheriff of the county |
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in which the buyer or transferee resides. |
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Sec. 205.052. FAILURE TO REPORT; OFFENSE. (a) A person who |
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intentionally, knowingly, recklessly, or with criminal negligence |
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fails to transmit a multiple firearm sales report as required by |
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this subchapter commits an offense. |
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(b) An offense under this section is a class B misdemeanor. |
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SUBCHAPTER C. MULTIPLE FIREARM SALES REPORT FORM |
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Sec. 205.101. FORM. (a) Not later than September 1, 2023, |
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the department shall develop a form for making a multiple firearm |
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sales report. |
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(b) The form shall identify the dates and locations of the |
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sales or transfers, the firearms or detachable magazines sold or |
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transferred, and the identity of the retailer and the buyer or |
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transferee, including a copy of the identification provided by the |
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buyer or transferee. |
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(c) When the form required by this section is developed, the |
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department shall post it on the department's internet website. The |
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post shall include an email address or electronic portal for |
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submitting the form and instructions for doing so. |
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Sec. 205.102. CONFIDENTIALITY. Multiple firearm sales |
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reports are confidential. |
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SECTION 2. This Act takes effect September 1, 2023. |