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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of certain criminal offenses concerning |
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firearm sales at gun shows; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.01, Penal Code, is amended by adding |
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Subdivisions (20) and (21) to read as follows: |
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(20) "Gun show" means a place other than a permanent |
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retail store, including a driveway, sidewalk or walkway, parking |
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lot, or other parking area, or an event at which: |
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(A) three or more individuals assemble to display |
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firearms or firearm components to the public; and |
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(B) a fee is charged for the privilege of |
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displaying the firearms or firearm components or a fee is charged |
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for admission to the area where the firearms or components are |
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displayed. |
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(21) "Gun show promoter" means a person who organizes, |
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plans, promotes, or operates a gun show. |
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SECTION 2. Chapter 46, Penal Code, is amended by adding |
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Sections 46.065 and 46.066 to read as follows: |
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Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN |
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SHOWS. (a) A person commits an offense if the person knowingly |
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sells a firearm to another person in exchange for money or other |
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consideration at a gun show without complying with the National |
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Instant Criminal Background Check System in the manner required by |
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18 U.S.C. Section 922 before completing the sale. A person who |
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conducts a criminal background check as required by this subsection |
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may charge a fee in an amount equal to the cost incurred by the |
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person to obtain the background check. |
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(b) A person commits an offense if the person knowingly |
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sells a firearm to another person in exchange for money or other |
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consideration at a gun show and the person does not maintain a |
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record of the sale. |
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(c) It is an exception to the application of Subsection (a) |
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that the person to whom the firearm is sold is: |
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(1) a peace officer; or |
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(2) a person who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code. |
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(d) An offense under this section is a Class A misdemeanor. |
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Sec. 46.066. CERTAIN REQUIREMENTS RELATING TO GUN SHOW |
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PROMOTER. (a) A gun show promoter commits an offense if the |
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promoter, with criminal negligence, permits the sale of a firearm |
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to a person at a gun show organized, planned, promoted, or operated |
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by the promoter without complying with the National Instant |
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Criminal Background Check System in the manner required by 18 |
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U.S.C. Section 922 before completion of the sale. |
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(b) It is an exception to the application of Subsection (a) |
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that the person to whom the firearm is sold is: |
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(1) a peace officer; or |
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(2) a person who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code. |
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(c) Not later than the 30th day before the date on which a |
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gun show is held, the gun show promoter shall provide written notice |
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of the date, time, and place of the gun show to the local law |
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enforcement agency of the county or municipality in which the gun |
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show will be held. |
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(d) A gun show promoter shall conduct, or arrange for a |
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person who is a licensed firearms dealer under 18 U.S.C. Section 923 |
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to conduct, an instant criminal background check in the manner |
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required by 18 U.S.C. Section 922 on any person who purchases a |
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firearm at a gun show organized, planned, promoted, or operated by |
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the promoter from another person who is not a licensed firearms |
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dealer under 18 U.S.C. Section 923. A person who conducts a |
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criminal background check as required by this subsection may charge |
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a fee in an amount equal to the cost incurred by the person to obtain |
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the background check. |
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(e) A gun show promoter shall prominently post a notice in a |
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form prescribed by the Department of Public Safety stating the |
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requirements under this section and Section 46.065 relating to an |
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instant criminal background check. |
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(f) A gun show promoter commits an offense if the promoter |
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violates Subsection (c), (d), or (e). |
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(g) An offense under this section is a Class A misdemeanor. |
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(h) If conduct constituting an offense under this section |
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also constitutes an offense under Section 46.065, the actor may be |
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prosecuted under either section or under both sections. |
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SECTION 3. The change in law made by Section 46.066(c), |
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Penal Code, as added by this Act, applies only to a gun show held on |
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or after October 1, 2021. |
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SECTION 4. This Act takes effect September 1, 2021. |