| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the attempted acquisition of a firearm by a person |
|
|
prohibited from possessing a firearm. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 46.06, Penal Code, is amended by adding |
|
|
Subsection (e) to read as follows: |
|
|
(e) A firearms dealer licensed under 18 U.S.C. Section 923 |
|
|
who declines to transfer a firearm to a prospective transferee in |
|
|
this state because the National Instant Criminal Background Check |
|
|
System indicates that the prospective transferee is prohibited from |
|
|
possessing a firearm shall notify the Department of Public Safety. |
|
|
SECTION 2. Subchapter D, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.0525 to read as follows: |
|
|
Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER |
|
|
NOTIFICATION. (a) If the department receives a notification under |
|
|
Section 46.06(e), Penal Code, from a firearms dealer licensed under |
|
|
18 U.S.C. Section 923, the department shall initiate an |
|
|
investigation. |
|
|
(b) If the department's investigation under this section |
|
|
produces evidence that a person may have violated Section 46.06, |
|
|
Penal Code, the department shall refer the case to the appropriate |
|
|
local authorities for further investigation and possible |
|
|
prosecution. |
|
|
SECTION 3. As soon as practicable after the effective date |
|
|
of this Act, the Department of Public Safety of the State of Texas |
|
|
shall: |
|
|
(1) obtain from the Bureau of Alcohol, Tobacco, |
|
|
Firearms and Explosives a list of firearms dealers in this state |
|
|
licensed under 18 U.S.C. Section 923; and |
|
|
(2) notify each dealer of the reporting requirements |
|
|
established by Section 46.06(e), Penal Code, as added by this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |