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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a waiting period for the purchase or sale of a |
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handgun; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.061 to read as follows: |
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Sec. 46.061. WAITING PERIOD FOR PURCHASE OR SALE OF |
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HANDGUN. (a) A person commits an offense if the person: |
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(1) purchases more than one handgun, or sells more |
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than one handgun to the same person, within a 30-day period; |
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(2) purchases a handgun without first completing and |
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delivering to the seller a handgun purchase form as prescribed by |
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the Department of Public Safety; or |
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(3) sells a handgun to any person without first: |
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(A) submitting to the Department of Public Safety |
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a handgun purchase form completed and delivered to the seller by the |
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purchaser; and |
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(B) receiving notice from the Department of |
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Public Safety that the purchaser did not purchase another handgun |
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within the 30-day period preceding the date of the form. |
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(b) For purposes of this section: |
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(1) a handgun purchase form is complete if: |
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(A) the form is signed and dated; and |
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(B) the other information requested by the form |
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is substantially complete; and |
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(2) a purchase or sale may be made in exchange for |
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cash, goods, services, or other remuneration. |
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(c) An offense under this section is a state jail felony. |
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(d) It is an exception to the application of this section |
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that the transaction was a purchase by or sale to: |
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(1) a person licensed as a firearms importer, |
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collector, manufacturer, or dealer under 18 U.S.C. Section 921 et |
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seq.; |
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(2) a peace officer under Article 2.12, Code of |
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Criminal Procedure, or a special investigator under Article 2.122, |
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Code of Criminal Procedure; |
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(3) a parole officer; |
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(4) a community supervision and corrections |
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department officer appointed or employed under Section 76.004, |
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Government Code; |
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(5) a judge or justice of a federal court, the supreme |
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court, the court of criminal appeals, a court of appeals, a district |
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court, a criminal district court, a constitutional county court, a |
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statutory county court, a justice court, or a municipal court who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code; |
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(6) an honorably retired peace officer or federal |
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criminal investigator who holds a certificate of proficiency issued |
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under Section 1701.357, Occupations Code, and is carrying a photo |
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identification that: |
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(A) verifies that the officer honorably retired |
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after not less than 15 years of service as a commissioned officer; |
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and |
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(B) is issued by a state or local law enforcement |
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agency; or |
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(7) a district attorney, criminal district attorney, |
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or county attorney who is licensed to carry a concealed handgun |
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under Subchapter H, Chapter 411, Government Code. |
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SECTION 2. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.0471 to read as follows: |
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Sec. 411.0471. ENFORCEMENT OF WAITING PERIOD FOR PURCHASE |
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OR SALE OF HANDGUN. (a) The department shall prescribe a handgun |
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purchase form for the purpose of enforcing Section 46.061, Penal |
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Code. |
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(b) On receipt of a completed handgun purchase form from a |
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person who intends to sell a handgun, the department shall: |
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(1) determine whether the purchaser purchased another |
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handgun within the 30-day period preceding the date of the form; and |
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(2) inform the seller of its determination. |
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(c) A person who completes the sale of a handgun shall: |
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(1) inform the department of the date the sale was |
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complete; and |
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(2) provide to the department any other information |
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requested by the department. |
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(d) The department shall maintain any information collected |
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under this section or under Section 46.061, Penal Code, as |
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necessary to: |
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(1) ensure compliance with this section; and |
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(2) enforce Section 46.061, Penal Code. |
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SECTION 3. This Act takes effect September 1, 2007. |