88R3320 AJZ-D
 
  By: Blanco S.B. No. 170
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a national instant criminal background check
  in connection with certain firearm transfers; creating a criminal
  offense.
         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 PRIVATE FIREARM TRANSFERS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 205.001.  DEFINITIONS. In this chapter:
               (1)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code.
               (2)  "Licensed firearms dealer" means a person who is
  licensed as a firearms dealer under 18 U.S.C. Section 923.
  SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
  PRIVATE FIREARM TRANSFERS
         Sec. 205.051.  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
  REQUIRED FOR PRIVATE TRANSFER OF FIREARM. 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 sells or transfers the firearm to a
  licensed firearms dealer; or
               (3)  before the firearm is delivered to the person to
  whom the firearm is being sold or transferred, the person selling or
  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
  person to whom the firearm is being sold or transferred may lawfully
  possess a firearm.
         Sec. 205.052.  DUTIES OF LICENSED FIREARMS DEALER. (a) If a
  licensed firearms dealer receives a firearm under Section
  205.051(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 sold or
  transferred may lawfully possess a firearm.
         (b)  If a licensed firearms dealer determines that the person
  to whom the firearm is being sold or transferred may not lawfully
  possess a firearm, the dealer shall return the firearm to the person
  selling or transferring the firearm.
         (c)  If a licensed firearms dealer determines that the person
  to whom the firearm is being sold or transferred may lawfully
  possess a firearm, the dealer shall transfer the firearm as
  directed by the person selling or transferring the firearm.
         (d)  A licensed firearms dealer to whom a firearm is
  delivered under Section 205.051(3) may collect a reasonable fee
  from the person who is selling or transferring the firearm.
         Sec. 205.053.  EXCEPTION. This subchapter 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.
         Sec. 205.054.  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, 2023.