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.