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.