By West S.B. No. 294 77R2939 JMC-F 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 FIREARM SALES AT GUN SHOW PROHIBITED. 1-21 (a) A person commits an offense if the person knowingly sells a 1-22 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. 2-2 (b) It is an exception to the application of this section 2-3 that the person to whom the firearm is sold is: 2-4 (1) licensed to carry a concealed handgun under 2-5 Subchapter H, Chapter 411, Government Code; or 2-6 (2) a peace officer. 2-7 (c) An offense under this section is a felony of the third 2-8 degree. 2-9 Sec. 46.066. CERTAIN REQUIREMENTS RELATING TO GUN SHOW 2-10 PROMOTER. (a) A gun show promoter commits an offense if the 2-11 promoter, with criminal negligence, permits the sale of a firearm 2-12 to a person at a gun show organized, planned, promoted, or operated 2-13 by the promoter without complying with the national instant 2-14 criminal background check system in the manner required by 18 2-15 U.S.C. Section 922, as amended, before completion of the sale. 2-16 (b) It is an exception to the application of Subsection (a) 2-17 that the person to whom the firearm is sold is: 2-18 (1) licensed to carry a concealed handgun under 2-19 Subchapter H, Chapter 411, Government Code; or 2-20 (2) a peace officer. 2-21 (c) A person may organize, plan, promote, or operate a gun 2-22 show only if the person is a licensed firearms dealer under 18 2-23 U.S.C. Section 923, as amended. 2-24 (d) Not later than the 30th day before the date on which a 2-25 gun show is held, the gun show promoter shall provide written 2-26 notice of the date, time, and place of the gun show to the local 2-27 law enforcement agency of the county or municipality in which the 3-1 gun show will be held. 3-2 (e) A gun show promoter shall conduct an instant criminal 3-3 background check in the manner required by 18 U.S.C. Section 922, 3-4 as amended, on any person who purchases a firearm at a gun show 3-5 organized, planned, promoted, or operated by the promoter from 3-6 another person who is not a licensed firearms dealer under 18 3-7 U.S.C. Section 923, as amended. 3-8 (f) A gun show promoter commits an offense if the promoter 3-9 violates Subsection (c), (d), or (e). 3-10 (g) An offense under Subsection (a) or (f) is a Class A 3-11 misdemeanor. 3-12 (h) If conduct constituting an offense under this section 3-13 also constitutes an offense under Section 46.065, the actor may be 3-14 prosecuted under either section or under both sections. 3-15 SECTION 3. The change in law made by Section 46.066(d), 3-16 Penal Code, as added by this Act, applies only to a gun show held 3-17 on or after October 1, 2001. 3-18 SECTION 4. This Act takes effect September 1, 2001.