Bill Text: TX HB2034 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to requiring a national instant criminal background check in connection with certain firearm sales; creating an offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-25 - Left pending in committee [HB2034 Detail]
Download: Texas-2017-HB2034-Introduced.html
85R2167 AJZ-D | ||
By: Blanco | H.B. No. 2034 |
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relating to requiring a national instant criminal background check | ||
in connection with certain firearm sales; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 411, Government Code, is amended by | ||
adding Subchapter H-1 to read as follows: | ||
SUBCHAPTER H-1. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR | ||
INTRASTATE INTERNET FIREARM SALE | ||
Sec. 411.221. DEFINITION. In this subchapter, "licensed | ||
firearms dealer" means a person who is licensed as a firearms dealer | ||
under 18 U.S.C. Section 923. | ||
Sec. 411.222. REQUIREMENTS FOR INTRASTATE INTERNET FIREARM | ||
SALE. A person in this state may not sell a firearm to another | ||
person in this state by means of the Internet unless: | ||
(1) the person is a licensed firearms dealer; | ||
(2) the person sells the firearm to a licensed | ||
firearms dealer; or | ||
(3) before the firearm is delivered to the person to | ||
whom the firearm is being sold, the person selling 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 a manner required by 18 U.S.C. | ||
Section 922 and verifies that the person to whom the firearm is | ||
being sold may lawfully possess a firearm. | ||
Sec. 411.223. DUTIES OF LICENSED FIREARMS DEALER. (a) If a | ||
licensed firearms dealer receives a firearm under Section | ||
411.222(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 may | ||
lawfully possess a firearm before transferring the firearm to that | ||
person. | ||
(b) If a licensed firearms dealer determines that the person | ||
to whom the firearm is being sold may not lawfully possess a | ||
firearm, the dealer shall return the firearm to the person selling | ||
the firearm. | ||
(c) A licensed firearms dealer to whom a firearm is | ||
delivered under Section 411.222(3) may collect a reasonable fee | ||
from the person who is selling the firearm. | ||
Sec. 411.224. 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, 2017. |