Bill Text: TX HB3089 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 3089

Introduced

Bill Title: Relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-14 - Referred to Community Safety, Select [HB3089 Detail]

Download: Texas-2023-HB3089-Introduced.html

	88R13810 AJZ-D

	By: Lalani	H.B. No. 3089



	A BILL TO BE ENTITLED
	AN ACT
	relating to requiring a national instant criminal background check
	in connection with private 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. REGULATION OF PRIVATE FIREARM TRANSFERS
	Sec. 205.051. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER;
	OFFENSE. (a) A person may not sell or otherwise transfer a firearm
	to another person unless:
	(1) the person is a licensed firearms dealer; or
	(2) the person is not a licensed firearms dealer, and:
	(A) the person sells or transfers the firearm to
	a licensed firearms dealer; or
	(B) before delivering the firearm to the person
	to whom the firearm is being sold or transferred, the person selling
	or transferring the firearm:
	(i) requests that a licensed firearms
	dealer conduct, in the manner required by 18 U.S.C. Section 922, a
	national instant criminal background check; and
	(ii) verifies that the person to whom the
	firearm is being sold or transferred may lawfully possess a
	firearm.
	(b) A person who violates this section commits an offense.
	An offense under this section is a Class A misdemeanor.
	Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
	licensed firearms dealer receives a request to conduct a national
	instant criminal background check under Section 205.051(a)(2)(B),
	the dealer shall:
	(1) in the manner required by 18 U.S.C. Section 922,
	conduct the criminal background check to verify that the person to
	whom the firearm is being sold or transferred may lawfully possess a
	firearm; and
	(2) notify the person who is selling or transferring
	the firearm of the results of the criminal background check.
	(b) A licensed firearms dealer who performs a national
	instant criminal background check under this section may collect a
	reasonable fee from the person who requests the criminal background
	check.
	SECTION 2. This Act takes effect September 1, 2023.