Bill Text: TX HB8 | 2023 | 88th Legislature 1st Special Session | Introduced
Bill Title: Relating to the creation of certain criminal offenses concerning firearm sales at gun shows.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-30 - Filed [HB8 Detail]
Download: Texas-2023-HB8-Introduced.html
By: Reynolds | H.B. No. 8 |
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relating to the creation of certain criminal offenses concerning | ||
firearm sales at gun shows. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 46.01, Penal Code, is amended by adding | ||
Subdivisions (21) and (22) to read as follows: | ||
(21) "Gun show" means a place other than a permanent | ||
retail store, including a driveway, sidewalk or walkway, parking | ||
lot, or other parking area, or an event at which: | ||
(A) three or more individuals assemble to display | ||
firearms or firearm components to the public; and | ||
(B) a fee is charged for the privilege of | ||
displaying the firearms or firearm components or a fee is charged | ||
for admission to the area where the firearms or components are | ||
displayed. | ||
(22) "Gun show promoter" means a person who organizes, | ||
plans, promotes, or operates a gun show. | ||
SECTION 2. Chapter 46, Penal Code, is amended by adding | ||
Sections 46.065 and 46.066 to read as follows: | ||
Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN | ||
SHOWS. (a) A person commits an offense if the person knowingly | ||
sells a firearm to another person in exchange for money or other | ||
consideration at a gun show without complying with the National | ||
Instant Criminal Background Check System in the manner required by | ||
18 U.S.C. Section 922 before completing the sale. A person who | ||
conducts a criminal background check as required by this subsection | ||
may charge a fee in an amount equal to the cost incurred by the | ||
person to obtain the background check. | ||
(b) A person commits an offense if the person knowingly | ||
sells a firearm to another person in exchange for money or other | ||
consideration at a gun show and the person does not maintain a | ||
record of the sale. | ||
(c) It is an exception to the application of Subsection (a) | ||
that the person to whom the firearm is sold is: | ||
(1) a peace officer; or | ||
(2) a person who is licensed to carry a handgun under | ||
Subchapter H, Chapter 411, Government Code. | ||
(d) An offense under this section is a Class A misdemeanor. | ||
Sec. 46.066. CERTAIN REQUIREMENTS RELATING TO GUN SHOW | ||
PROMOTER. (a) A gun show promoter commits an offense if the | ||
promoter, with criminal negligence, permits the sale of a firearm | ||
to a person at a gun show organized, planned, promoted, or operated | ||
by the promoter without complying with the National Instant | ||
Criminal Background Check System in the manner required by 18 | ||
U.S.C. Section 922 before completion of the sale. | ||
(b) It is an exception to the application of Subsection (a) | ||
that the person to whom the firearm is sold is: | ||
(1) a peace officer; or | ||
(2) a person who is licensed to carry a handgun under | ||
Subchapter H, Chapter 411, Government Code. | ||
(c) Not later than the 30th day before the date on which a | ||
gun show is held, the gun show promoter shall provide written notice | ||
of the date, time, and place of the gun show to the local law | ||
enforcement agency of the county or municipality in which the gun | ||
show will be held. | ||
(d) A gun show promoter shall conduct, or arrange for a | ||
person who is a licensed firearms dealer under 18 U.S.C. Section 923 | ||
to conduct, an instant criminal background check in the manner | ||
required by 18 U.S.C. Section 922 on any person who purchases a | ||
firearm at a gun show organized, planned, promoted, or operated by | ||
the promoter from another person who is not a licensed firearms | ||
dealer under 18 U.S.C. Section 923. A person who conducts a | ||
criminal background check as required by this subsection may charge | ||
a fee in an amount equal to the cost incurred by the person to obtain | ||
the background check. | ||
(e) A gun show promoter shall prominently post a notice in a | ||
form prescribed by the Department of Public Safety stating the | ||
requirements under this section and Section 46.065 relating to an | ||
instant criminal background check. | ||
(f) A gun show promoter commits an offense if the promoter | ||
violates Subsection (c), (d), or (e). | ||
(g) An offense under this section is a Class A misdemeanor. | ||
(h) If conduct constituting an offense under this section | ||
also constitutes an offense under Section 46.065, the actor may be | ||
prosecuted under either section or under both sections. | ||
SECTION 3. The change in law made by Section 46.066(c), | ||
Penal Code, as added by this Act, applies only to a gun show held on | ||
or after October 1, 2023. | ||
SECTION 4. This Act takes effect September 1, 2023. |