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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a licensed firearms dealer to report certain |
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sales or transfers of multiple firearms or firearm magazines to law |
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enforcement; creating a criminal offense. |
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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. REPORTS OF CERTAIN MULTIPLE TRANSFERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of Public Safety |
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of the State of Texas. |
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(2) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(3) "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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SUBCHAPTER B. REQUIRED REPORTING OF CERTAIN MULTIPLE TRANSFERS |
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Sec. 205.051. REPORT BY LICENSED FIREARMS DEALER TO |
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DEPARTMENT. (a) This section applies only to a sale or transfer |
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that: |
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(1) is made to the same transferee, other than a |
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licensed firearms dealer, on a single occasion or on more than one |
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occasion during a period of five consecutive business days; and |
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(2) consists of: |
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(A) two or more firearms; or |
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(B) four or more detachable firearm magazines, |
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other than detachable firearm magazines that are originally |
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packaged with a firearm by the manufacturer and sold or otherwise |
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transferred in the original packaging. |
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(b) A licensed firearms dealer shall report to the |
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department, in the form and manner prescribed by the department |
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under Section 205.101, the multiple sales or transfers described by |
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Subsection (a). |
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(c) Before completing a sale or transfer of any firearm or |
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any detachable firearm magazine described by Subsection (a)(2)(B), |
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the licensed firearms dealer making the sale or transfer shall: |
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(1) review the items in the current sale or transfer |
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and any recent previous sales and transfers by the dealer to that |
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transferee to determine whether the reporting duties of this |
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subchapter apply to the dealer as a result of that sale or transfer; |
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and |
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(2) submit a report, if required, under Subsection |
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(b). |
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(d) Information in a report submitted by a licensed firearms |
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dealer to the department under this section: |
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(1) is confidential and not subject to disclosure |
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under Chapter 552, Government Code; and |
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(2) may not be transmitted, used, or preserved for the |
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purpose of a registry or other database of information relating to |
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firearm owners, firearms, or firearm magazines. |
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(e) Subsection (d)(2) does not apply to the transmission, |
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use, or preservation of report information for inclusion in the |
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following databases: |
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(1) the National Instant Criminal Background Check |
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System; and |
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(2) a database maintained by the Texas Crime |
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Information Center or the National Crime Information Center. |
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Sec. 205.052. REPORT BY DEPARTMENT TO SHERIFF. (a) Not |
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later than 24 hours after receiving a report from a licensed |
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firearms dealer under Section 205.051(b), the department shall |
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transmit the report to: |
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(1) the sheriff of each county in which the applicable |
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sales or transfers occurred; and |
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(2) the sheriff of the county in which the transferee |
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resides. |
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(b) Information in a report submitted by the department to a |
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county sheriff under Subsection (a): |
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(1) is confidential and not subject to disclosure |
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under Chapter 552, Government Code; and |
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(2) may not be transmitted, used, or preserved for the |
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purpose of a registry or other database of information relating to |
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firearm owners, firearms, or firearm magazines. |
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(c) Subsection (b)(2) does not apply to the transmission, |
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use, or preservation of report information for inclusion in the |
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following databases: |
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(1) the National Instant Criminal Background Check |
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System; and |
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(2) a database maintained by the Texas Crime |
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Information Center or the National Crime Information Center. |
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Sec. 205.053. OFFENSE. (a) A licensed firearms dealer who, |
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with criminal negligence, violates Section 205.051 commits an |
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offense. |
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(b) An offense under this section is a Class B misdemeanor. |
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SUBCHAPTER C. FORMS |
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Sec. 205.101. FORM FOR SUBMISSION OF FIREARMS DEALER |
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REPORT. (a) For purposes of the report required by Section |
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205.051(b), the department shall require licensed firearms dealers |
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to use a form prescribed by the department. |
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(b) The form prescribed under Subsection (a) must: |
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(1) include: |
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(A) the dates and locations of the applicable |
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sales or transfers; |
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(B) the type and number of firearms or detachable |
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firearm magazines sold or transferred; |
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(C) the identity and location of the licensed |
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firearms dealer, including the locations where each applicable sale |
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or transfer occurred; and |
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(D) the identity of the transferee; and |
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(2) require the licensed firearms dealer to submit a |
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copy of the identification provided by the transferee for purposes |
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of the sale or transfer. |
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(c) The department shall post on the department's publicly |
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accessible Internet website: |
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(1) the form required by this section; |
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(2) an e-mail address or electronic portal that may be |
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used to submit the form and related documentation; and |
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(3) instructions for submitting the form and |
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documentation. |
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SECTION 2. Not later than September 1, 2025, the Department |
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of Public Safety shall develop and make available the form for |
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reporting multiple firearm or firearm magazine sales or transfers, |
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as required by Section 205.101, Business & Commerce Code, as added |
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by this Act. |
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SECTION 3. The change in law made by this Act applies only |
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to the sale or transfer of a firearm or firearm magazine that occurs |
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on or after the effective date of this Act. A sale or transfer of a |
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firearm or firearm magazine that occurs before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |