By: West S.B. No. 804 73R2869 NSC-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the requirement of a handgun permit or a criminal 1-3 record check before the transfer of a firearm and to the possession 1-4 of a firearm by a felon; providing criminal penalties. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 70, Revised Statutes, is amended by adding 1-7 Article 4413(29dd) to read as follows: 1-8 Art. 4413(29dd). CRIMINAL RECORD CHECK BEFORE TRANSFER OF 1-9 FIREARMS 1-10 Sec. 1. DEFINITIONS. In this article: 1-11 (1) "Firearm" has the meaning assigned by Section 1-12 46.01, Penal Code. 1-13 (2) "Dealer" means a person licensed as a firearms 1-14 dealer under 18 U.S.C. Section 921 et seq. 1-15 (3) "Department" means the Department of Public 1-16 Safety. 1-17 (4) "Transfer" means to sell, give, loan, assign, or 1-18 deliver to another, with or without consideration. 1-19 Sec. 2. WRITTEN CONSENT REQUIRED. (a) A person may not 1-20 obtain a firearm from a dealer unless the person first: 1-21 (1) provides the dealer with a signed form containing 1-22 the person's name, residence address, driver's license number, sex, 1-23 date of birth, height, weight, and color of eyes and consents in 1-24 writing to have the dealer obtain the person's criminal record 2-1 information; or 2-2 (2) displays to the dealer a handgun transfer permit 2-3 issued to the person under this article. 2-4 (b) A person commits an offense if the person knowingly 2-5 makes a false statement to obtain a firearm from a dealer. 2-6 (c) An offense under this section is a Class A misdemeanor. 2-7 Sec. 3. CRIMINAL RECORD CHECK REQUIRED. (a) A dealer may 2-8 not transfer a firearm to a person unless: 2-9 (1) the dealer first: 2-10 (A) obtains a signed consent form from the 2-11 prospective transferee to obtain criminal record information; 2-12 (B) requests a criminal record check of the 2-13 prospective transferee by a telephone call to the department; and 2-14 (C) except as provided by Subsection (b) of this 2-15 section, receives authorization to transfer the firearm to the 2-16 prospective transferee and a unique reference code from the 2-17 department; or 2-18 (2) the dealer first: 2-19 (A) verifies the validity of the person's 2-20 handgun transfer permit by telephone call to the department; and 2-21 (B) except as provided by Subsection (d) of this 2-22 section, obtains authorization to transfer the firearm to the 2-23 prospective transferee from the department. 2-24 (b) The department shall authorize the transfer within seven 2-25 days after the date of receipt of a request for a criminal record 2-26 check of a prospective transferee under Subsection (a)(1) of this 2-27 section, unless the prospective transferee is prohibited from 3-1 possessing or transporting a firearm by state or federal law. If 3-2 the dealer does not receive a response from the department within 3-3 seven days after the date of the request, the dealer may 3-4 immediately complete the transfer. 3-5 (c) A dealer shall mail or deliver the written consent form 3-6 and the unique reference code required by Subsection (a)(1) of this 3-7 section to the department within 24 hours after the transfer of a 3-8 firearm. 3-9 (d) The department shall verify the validity of a handgun 3-10 transfer permit during the dealer's call or by return call without 3-11 delay and shall authorize or deny authorization to the dealer to 3-12 complete the transfer. If the dealer does not receive a response 3-13 from the department within one hour of the dealer's call, the 3-14 dealer may immediately complete the transfer. 3-15 (e) The criminal record check account is established in the 3-16 general revenue fund. A dealer shall charge and collect a fee of 3-17 $2 for every transaction for which a criminal record check of a 3-18 Texas resident is required under this section and a fee of $5 for 3-19 every transaction for which a criminal record check of an 3-20 out-of-state resident is required under this section. The dealer 3-21 shall send the collected fees to the comptroller of public accounts 3-22 not later than the 20th day of the month following the month in 3-23 which the firearms were transferred. The comptroller shall deposit 3-24 the fees collected under this section to the credit of the criminal 3-25 record check account. Money in the account may be appropriated to 3-26 the department only to offset the costs of conducting criminal 3-27 record checks required by this article. 4-1 (f) A dealer commits an offense if the dealer transfers a 4-2 firearm in violation of this section. 4-3 (g) An offense under this section is a felony of the third 4-4 degree. 4-5 Sec. 4. ELIGIBILITY FOR HANDGUN TRANSFER PERMIT. A person 4-6 is eligible to obtain a handgun transfer permit under this article 4-7 if the person: 4-8 (1) is at least 21 years old; 4-9 (2) has not been convicted of a felony; and 4-10 (3) has not been declared mentally incompetent by a 4-11 court of competent jurisdiction. 4-12 Sec. 5. APPLICATION; CRIMINAL PENALTY. (a) A person may 4-13 apply for a handgun transfer permit by providing the following 4-14 information in person to the department: 4-15 (1) the name, residence address, telephone number, and 4-16 driver's license number of the applicant; 4-17 (2) the sex, date of birth, height, weight, and color 4-18 of eyes of the applicant; and 4-19 (3) a statement signed by the applicant that the 4-20 applicant is eligible under Section 4 of this article to obtain a 4-21 handgun transfer permit. 4-22 (b) At the time of application, the department shall provide 4-23 the applicant with a dated receipt for the application. 4-24 (c) A person commits an offense if the person knowingly 4-25 makes a false statement in order to obtain a handgun transfer 4-26 permit. 4-27 (d) An offense under this section is a Class A misdemeanor. 5-1 Sec. 6. INVESTIGATION OF APPLICANT FOR HANDGUN TRANSFER 5-2 PERMIT. The department shall conduct a criminal history record 5-3 check of the applicant for a handgun transfer permit. 5-4 Sec. 7. HANDGUN TRANSFER PERMIT. (a) The department shall 5-5 issue a handgun transfer permit to the applicant unless the 5-6 department determines that the applicant is not eligible to obtain 5-7 a handgun transfer permit under Section 4 of this article or is 5-8 prohibited from possessing or transporting a firearm by state or 5-9 federal law. The department shall issue or deny the permit not 5-10 later than the 10th day after the date of receipt of the items 5-11 listed in Section 5 of this article, but a permit issued after that 5-12 day is valid if otherwise issued in accordance with this section. 5-13 (b) If the department denies the application, the department 5-14 shall notify the applicant in writing stating the reason for denial 5-15 not later than the 10th day after the date of receipt of the items 5-16 listed in Section 5 of this article. 5-17 (c) The permit is effective statewide and expires one year 5-18 after the date of issuance. 5-19 (d) A permit issued under this article is not transferable. 5-20 Sec. 8. RENEWAL OF HANDGUN TRANSFER PERMIT. A handgun 5-21 transfer permit may be renewed in the same manner and subject to 5-22 the same provisions by which the original permit was obtained. 5-23 Sec. 9. HANDGUN TRANSFER PERMIT VOIDED; CRIMINAL PENALTY. 5-24 (a) A handgun transfer permit is void at the time that the holder 5-25 is no longer eligible to obtain a permit under Section 4 of this 5-26 article. 5-27 (b) The holder of a void permit commits an offense if the 6-1 holder attempts to use or uses the void permit after the date on 6-2 which the permit becomes void. 6-3 (c) An offense under this section is a Class A misdemeanor. 6-4 Sec. 10. DISCLOSURE OF INFORMATION; CRIMINAL PENALTY. (a) 6-5 A person commits an offense if the person knowingly releases or 6-6 discloses the criminal record information obtained under this 6-7 article to any other person. 6-8 (b) An offense under this section is a Class A misdemeanor. 6-9 Sec. 11. APPEAL. A person who is denied the right to obtain 6-10 a firearm or a handgun transfer permit under this article may 6-11 appeal the denial in a district court having jurisdiction in the 6-12 county in which the person resides. 6-13 Sec. 12. EXCEPTIONS. This article does not apply to a 6-14 transaction between persons who are licensed as firearms importers, 6-15 collectors, manufacturers, or dealers under 18 U.S.C. Section 921 6-16 et seq. or a transfer to a federal, state, or local law enforcement 6-17 officer. 6-18 Sec. 13. FORMS; RULES; TOLL FREE TELEPHONE SERVICE. (a) 6-19 The department shall make consent forms for criminal record checks 6-20 available to dealers throughout the state. 6-21 (b) The department shall make handgun transfer permit 6-22 applications and report forms available throughout the state. 6-23 (c) The department may charge a reasonable fee not to exceed 6-24 $60 for the services and materials provided by the department in 6-25 connection with a handgun transfer permit under this article. 6-26 (d) The department shall adopt rules to ensure the accuracy, 6-27 confidentiality, and security of all information provided by the 7-1 department under this article. 7-2 (e) The department shall establish throughout the state a 7-3 toll free telephone service to receive requests from dealers for 7-4 criminal background checks and for verification of handgun transfer 7-5 permits of prospective transferees of firearms. The toll free 7-6 telephone service must be available seven days a week between the 7-7 hours of 8 a.m. and 10 p.m. 7-8 SECTION 2. This Act takes effect September 1, 1993. 7-9 SECTION 3. The importance of this legislation and the 7-10 crowded condition of the calendars in both houses create an 7-11 emergency and an imperative public necessity that the 7-12 constitutional rule requiring bills to be read on three several 7-13 days in each house be suspended, and this rule is hereby suspended.