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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain firearm transfers; creating |
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criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 205 to read as follows: |
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CHAPTER 205. REGULATION OF FIREARM TRANSFERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of Public |
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Safety. |
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(2) "Licensed firearms dealer" means a person who is |
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licensed as a firearms dealer under 18 U.S.C. Section 923. |
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SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS |
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Sec. 205.051. DOCUMENTATION OF PRIVATE FIREARM TRANSFERS. |
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(a) The department by rule shall adopt a form to document the sale |
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or other transfer of a firearm by a person who is not a licensed |
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firearms dealer. |
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(b) The form adopted under Subsection (a) must include: |
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(1) the name, driver's license or personal |
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identification certificate number, if any, and contact information |
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of the person selling or transferring the firearm; |
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(2) the name, driver's license or personal |
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identification certificate number, if any, and contact information |
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of the person to whom the firearm is being sold or transferred; |
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(3) the type of firearm and serial number of the |
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firearm being sold or transferred; and |
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(4) any other information the department considers |
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necessary to document the sale or transfer. |
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Sec. 205.052. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER. |
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(a) Subject to Section 205.053, a person may not sell or otherwise |
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transfer a firearm to another person unless: |
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(1) the person is a licensed firearms dealer; or |
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(2) the person is not a licensed firearms dealer and: |
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(A) documents the sale or transfer on the form |
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adopted by the department under Section 205.051; and |
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(B) submits the form described by Paragraph (A) |
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to the department not later than the 30th day after the date of the |
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sale or transfer. |
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(b) A person who violates this section commits an offense. |
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An offense under this section is a Class C misdemeanor. |
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Sec. 205.053. REQUIREMENTS FOR PERSON SELLING OR |
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TRANSFERRING FIREARMS. (a) A person may not sell or otherwise |
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transfer more than five firearms to one or more persons each year |
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unless the person is a licensed firearms dealer. |
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(b) A person who violates this section commits an offense. |
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An offense under this section is a Class C misdemeanor. |
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(c) This section does not apply to: |
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(1) a transfer of a firearm to a person by inheritance |
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or bequest on the death of the owner of the firearm; or |
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(2) a sale or other transfer of a firearm by the owner |
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of the firearm if the transferor and the transferee are related |
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within the third degree by consanguinity or within the second |
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degree by affinity as determined under Chapter 573, Government |
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Code. |
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SECTION 2. This Act takes effect September 1, 2019. |