87R1404 AJZ-D
 
  By: Meza H.B. No. 218
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain firearm transfers; creating
  criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 6, Business & Commerce Code, is amended by
  adding Chapter 205 to read as follows:
  CHAPTER 205. REGULATION OF FIREARM TRANSFERS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 205.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Department of Public
  Safety.
               (2)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code.
               (3)  "Licensed firearms dealer" means a person who is
  licensed as a firearms dealer under 18 U.S.C. Section 923.
  SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS
         Sec. 205.051.  DOCUMENTATION OF PRIVATE FIREARM TRANSFERS.
  (a) The department by rule shall adopt a form to document the sale
  or other transfer of a firearm by a person who is not a licensed
  firearms dealer.
         (b)  The form adopted under Subsection (a) must include:
               (1)  the name, driver's license or personal
  identification certificate number, if any, and contact information
  of the person selling or transferring the firearm;
               (2)  the name, driver's license or personal
  identification certificate number, if any, and contact information
  of the person to whom the firearm is being sold or transferred;
               (3)  the type of firearm and serial number of the
  firearm being sold or transferred; and
               (4)  any other information the department considers
  necessary to document the sale or transfer.
         Sec. 205.052.  DOCUMENTATION REQUIREMENTS FOR PRIVATE
  FIREARM TRANSFERS. (a) Subject to Subsection (b), a person may not
  sell or otherwise transfer a firearm to another person unless the
  person is a licensed firearms dealer.
         (b)  Subject to Section 205.053, a person who is not a
  licensed firearms dealer may sell or otherwise transfer a firearm
  to another person only if the transferor:
               (1)  documents the transfer on the form adopted by the
  department under Section 205.051; and
               (2)  submits the form described by Subdivision (1) to
  the department not later than the 30th day after the date of the
  transfer.
         (c)  A person who violates this section commits an offense.
  An offense under this section is a Class C misdemeanor.
         Sec. 205.053.  VOLUME LIMITATIONS ON PRIVATE FIREARM
  TRANSFERS. (a) A person may not sell or otherwise transfer more
  than five firearms to one or more persons each year unless the
  transferor is a licensed firearms dealer.
         (b)  A person who violates this section commits an offense.
  An offense under this section is a Class C misdemeanor.
         (c)  This section does not apply to:
               (1)  a transfer of a firearm to a person by inheritance
  or bequest on the death of the owner of the firearm; or
               (2)  a sale or other transfer of a firearm by the owner
  of the firearm if the transferor and the transferee are related
  within the third degree by consanguinity or within the second
  degree by affinity, as determined under Chapter 573, Government
  Code.
  SUBCHAPTER C. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
  PRIVATE TRANSFER OF FIREARMS
         Sec. 205.101.  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
  REQUIRED FOR PRIVATE TRANSFER OF FIREARMS. A person may not sell or
  otherwise transfer a firearm to another person unless:
               (1)  the person is a licensed firearms dealer;
               (2)  the person transfers the firearm to a licensed
  firearms dealer; or
               (3)  before the firearm is delivered to the person to
  whom the firearm is being transferred, the person transferring the
  firearm delivers the firearm to a licensed firearms dealer to
  retain possession of the firearm until the dealer conducts a
  national instant criminal background check in the manner required
  by 18 U.S.C. Section 922 and verifies that the proposed transferee
  may lawfully possess a firearm.
         Sec. 205.102.  DUTIES OF LICENSED FIREARMS DEALER. (a) If a
  licensed firearms dealer receives a firearm under Section
  205.101(3), the dealer shall conduct a national instant criminal
  background check in the manner required by 18 U.S.C. Section 922 to
  verify that the person to whom the firearm is being transferred may
  lawfully possess the firearm. The transfer may not occur until the
  dealer completes the background check required by this subchapter.
         (b)  If a licensed firearms dealer determines that the
  proposed transferee may not lawfully possess a firearm, the dealer
  shall return the firearm to the person who delivered the firearm to
  the dealer under Section 205.101(3).
         (c)  A licensed firearms dealer to whom a firearm is
  delivered under Section 205.101(3) may collect a reasonable fee
  from the person who delivered the firearm to the dealer.
         Sec. 205.103.  OFFENSE. A person who violates this
  subchapter commits an offense. An offense under this section is a
  Class A misdemeanor.
         SECTION 2.  This Act takes effect September 1, 2021.