By Danburg H.B. No. 1199
76R2359 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an offense prohibiting certain firearm
1-3 sales at gun shows.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.01, Penal Code, is amended by adding
1-6 Subdivision (17) to read as follows:
1-7 (17) "Gun show" means a place or an event, other than
1-8 a permanent retail store, at which:
1-9 (A) three or more individuals assemble to
1-10 display firearms or firearm components to the public; and
1-11 (B) a fee is charged for the privilege of
1-12 displaying the firearms or firearm components or a fee is charged
1-13 for admission to the area where the firearms or components are
1-14 displayed.
1-15 SECTION 2. Chapter 46, Penal Code, is amended by adding
1-16 Section 46.065 to read as follows:
1-17 Sec. 46.065. CERTAIN FIREARM SALES AT GUN SHOW PROHIBITED.
1-18 (a) A person commits an offense if the person knowingly sells a
1-19 firearm in exchange for money or other consideration at a gun show
1-20 to another person who is not licensed to carry a concealed handgun
1-21 under Subchapter H, Chapter 411, Government Code.
1-22 (b) It is an exception to the application of this section
1-23 that the person complies with the national instant criminal
1-24 background check system in the manner required by 18 U.S.C. Section
2-1 922, as amended, before completing the sale.
2-2 (c) An offense under this section is a felony of the third
2-3 degree.
2-4 SECTION 3. This Act takes effect September 1, 1999.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.