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.