By Hinojosa, Naishtat, Goodman, Danburg, et al. H.B. No. 367 77R389 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, 2001.