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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion by a licensed firearms dealer of a firearm |
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safety device or secure firearm storage device and certain |
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information with the transfer of a firearm. |
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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. TRANSFER OF FIREARMS BY LICENSED FIREARMS DEALER |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(2) "Firearm safety device" means a cable lock, |
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trigger lock, or other safety lock or device that, when installed on |
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a firearm, prevents the firearm from discharging without first |
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being deactivated or removed from the device. |
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(3) "Firearm safety equipment" has the meaning |
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assigned by Section 151.3131, Tax Code. |
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(4) "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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(5) "Secure firearm storage device" means a gun safe, |
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gun case, gun cabinet, or other device that is similarly designed to |
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be: |
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(A) used to store a firearm; and |
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(B) unlocked only by use of a key or combination |
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or by other similar means. |
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Sec. 205.002. INCLUSION OF FIREARM SAFETY DEVICE OR SECURE |
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FIREARM STORAGE DEVICE AND INFORMATION REGARDING TAX EXEMPTION. |
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(a) Except as provided by Subsection (b), a licensed firearms |
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dealer shall, for each firearm sold or otherwise transferred by the |
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dealer: |
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(1) include: |
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(A) a firearm safety device compatible with the |
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firearm or a secure firearm storage device suitable for safely |
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storing the firearm; and |
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(B) a printed copy of the information form |
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developed by the Department of Public Safety under Section 205.003; |
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and |
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(2) verbally notify the purchaser or transferee that |
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firearm safety equipment is exempt from sales and use taxes under |
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Section 151.3131, Tax Code. |
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(b) Subsection (a)(1)(A) does not apply to the transfer of a |
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firearm to a peace officer licensed under Chapter 1701, Occupations |
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Code. |
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Sec. 205.003. FIREARM SAFETY INFORMATION. The Department |
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of Public Safety shall develop and make available on the |
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department's Internet website a printable information form that |
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includes information on: |
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(1) the safe storage of firearms, including the |
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effective use of a firearm safety device and secure firearm storage |
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device for each type of firearm; and |
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(2) the exemption from sales and use taxes on firearm |
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safety equipment under Section 151.3131, Tax Code. |
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SECTION 2. Not later than December 1, 2025, the Department |
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of Public Safety shall develop and make available the printable |
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form as required by Section 205.003, Business & Commerce Code, as |
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added by this Act. |
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SECTION 3. The changes in law made by this Act apply to the |
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sale or transfer of a firearm by a licensed firearms dealer, as |
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defined by Section 205.001, Business & Commerce Code, as added by |
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this Act, on or after January 1, 2026. The sale or transfer of a |
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firearm that occurs before January 1, 2026, is governed by the law |
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in effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |