By Danburg H.B. No. 404
77R2709 JMG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of certain offenses concerning 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 Subdivisions (17) and (18) to read as follows:
1-7 (17) "Gun show" means a place other than a permanent
1-8 retail store, including a driveway, sidewalk or walkway, parking
1-9 lot, or other parking area, or an event at which:
1-10 (A) three or more individuals assemble to
1-11 display firearms or firearm components to the public; and
1-12 (B) a fee is charged for the privilege of
1-13 displaying the firearms or firearm components or a fee is charged
1-14 for admission to the area where the firearms or components are
1-15 displayed.
1-16 (18) "Gun show promoter" means a person who organizes,
1-17 plans, promotes, or operates a gun show.
1-18 SECTION 2. Chapter 46, Penal Code, is amended by adding
1-19 Sections 46.065 and 46.066 to read as follows:
1-20 Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN
1-21 SHOWS. (a) A person commits an offense if the person knowingly
1-22 sells a firearm to another person in exchange for money or other
1-23 consideration at a gun show without complying with the national
1-24 instant criminal background check system in the manner required by
2-1 18 U.S.C. Section 922, as amended, before completing the sale. A
2-2 person who conducts a criminal background check as required by this
2-3 subsection may charge a fee of not more than $10.
2-4 (b) A person commits an offense if the person knowingly
2-5 sells a firearm to another person in exchange for money or other
2-6 consideration at a gun show and the person does not maintain a
2-7 record of the sale.
2-8 (c) It is an exception to the application of Subsection (a)
2-9 that the person to whom the firearm is sold is:
2-10 (1) licensed to carry a concealed handgun under
2-11 Subchapter H, Chapter 411, Government Code; or
2-12 (2) a peace officer.
2-13 (d) An offense under Subsection (a) or (b) is a Class A
2-14 misdemeanor.
2-15 Sec. 46.066. CERTAIN REQUIREMENTS RELATING TO GUN SHOW
2-16 PROMOTER. (a) A gun show promoter commits an offense if the
2-17 promoter, with criminal negligence, permits the sale of a firearm
2-18 to a person at a gun show organized, planned, promoted, or operated
2-19 by the promoter without complying with the national instant
2-20 criminal background check system in the manner required by 18
2-21 U.S.C. Section 922, as amended, before completion of the sale.
2-22 (b) It is an exception to the application of Subsection (a)
2-23 that the person to whom the firearm is sold is:
2-24 (1) licensed to carry a concealed handgun under
2-25 Subchapter H, Chapter 411, Government Code; or
2-26 (2) a peace officer.
2-27 (c) Not later than the 30th day before the date on which a
3-1 gun show is held, the gun show promoter shall provide written
3-2 notice of the date, time, and place of the gun show to the local
3-3 law enforcement agency of the county or municipality in which the
3-4 gun show will be held.
3-5 (d) A gun show promoter shall conduct, or arrange for a
3-6 person who is a licensed firearms dealer under 18 U.S.C. Section
3-7 923, as amended, to conduct, an instant criminal background check
3-8 in the manner required by 18 U.S.C. Section 922, as amended, on any
3-9 person who purchases a firearm at a gun show organized, planned,
3-10 promoted, or operated by the promoter from another person who is
3-11 not a licensed firearms dealer under 18 U.S.C. Section 923, as
3-12 amended. A person who conducts a criminal background check as
3-13 required by this subsection may charge a fee of not more than $10.
3-14 (e) A gun show promoter shall prominently post a notice in a
3-15 form prescribed by the Department of Public Safety stating the
3-16 requirements under this section and Section 46.065 relating to an
3-17 instant criminal background check.
3-18 (f) A gun show promoter commits an offense if the promoter
3-19 violates Subsection (c), (d), or (e).
3-20 (g) An offense under Subsection (a) or (f) is a Class A
3-21 misdemeanor.
3-22 (h) If conduct constituting an offense under this section
3-23 also constitutes an offense under Section 46.065, the actor may be
3-24 prosecuted under either section or under both sections.
3-25 SECTION 3. The change in law made by Section 46.066(c),
3-26 Penal Code, as added by this Act, applies only to a gun show held
3-27 on or after October 1, 2001.
4-1 SECTION 4. This Act takes effect September 1, 2001.