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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) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(3) "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. DOCUMENTATION REQUIREMENTS FOR PRIVATE |
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FIREARM TRANSFERS. (a) Subject to Subsection (b), a person may not |
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sell or otherwise transfer a firearm to another person unless the |
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person is a licensed firearms dealer. |
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(b) Subject to Section 205.053, a person who is not a |
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licensed firearms dealer may sell or otherwise transfer a firearm |
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to another person only if the transferor: |
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(1) documents the transfer on the form adopted by the |
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department under Section 205.051; and |
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(2) submits the form described by Subdivision (1) to |
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the department not later than the 30th day after the date of the |
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transfer. |
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(c) 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. VOLUME LIMITATIONS ON PRIVATE FIREARM |
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TRANSFERS. (a) A person may not sell or otherwise transfer more |
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than five firearms to one or more persons each year unless the |
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transferor 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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SUBCHAPTER C. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR |
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PRIVATE TRANSFER OF FIREARMS |
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Sec. 205.101. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK |
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REQUIRED FOR PRIVATE TRANSFER OF FIREARMS. A person may not sell or |
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otherwise transfer a firearm to another person unless: |
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(1) the person is a licensed firearms dealer; |
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(2) the person transfers the firearm to a licensed |
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firearms dealer; or |
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(3) before the firearm is delivered to the person to |
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whom the firearm is being transferred, the person transferring the |
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firearm delivers the firearm to a licensed firearms dealer to |
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retain possession of the firearm until the dealer conducts a |
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national instant criminal background check in the manner required |
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by 18 U.S.C. Section 922 and verifies that the proposed transferee |
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may lawfully possess a firearm. |
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Sec. 205.102. DUTIES OF LICENSED FIREARMS DEALER. (a) If a |
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licensed firearms dealer receives a firearm under Section |
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205.101(3), the dealer shall conduct a national instant criminal |
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background check in the manner required by 18 U.S.C. Section 922 to |
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verify that the person to whom the firearm is being transferred may |
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lawfully possess the firearm. The transfer may not occur until the |
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dealer completes the background check required by this subchapter. |
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(b) If a licensed firearms dealer determines that the |
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proposed transferee may not lawfully possess a firearm, the dealer |
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shall return the firearm to the person who delivered the firearm to |
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the dealer under Section 205.101(3). |
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(c) A licensed firearms dealer to whom a firearm is |
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delivered under Section 205.101(3) may collect a reasonable fee |
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from the person who delivered the firearm to the dealer. |
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Sec. 205.103. OFFENSE. A person who violates this |
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subchapter commits an offense. An offense under this section is a |
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Class A misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2021. |