Bill Text: TX SB163 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to requiring a national instant criminal background check in connection with certain firearm transfers; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-03-29 - Co-author authorized [SB163 Detail]
Download: Texas-2021-SB163-Introduced.html
| 87R2378 AJZ-D | ||
| By: Blanco | S.B. No. 163 | |
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| relating to requiring a national instant criminal background check | ||
| in connection with certain 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. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR | ||
| PRIVATE FIREARM TRANSFERS | ||
| Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK | ||
| REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or | ||
| otherwise transfer a firearm to another person unless: | ||
| (1) the person is a licensed firearms dealer; | ||
| (2) the person sells or transfers the firearm to a | ||
| licensed firearms dealer; or | ||
| (3) before the firearm is delivered to the person to | ||
| whom the firearm is being sold or transferred, the person selling or | ||
| transferring 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 the | ||
| manner required by 18 U.S.C. Section 922 and verifies that the | ||
| person to whom the firearm is being sold or transferred may lawfully | ||
| possess a firearm. | ||
| Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a | ||
| licensed firearms dealer receives a firearm under Section | ||
| 205.051(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 or | ||
| transferred may lawfully possess a firearm. | ||
| (b) If a licensed firearms dealer determines that the person | ||
| to whom the firearm is being sold or transferred may not lawfully | ||
| possess a firearm, the dealer shall return the firearm to the person | ||
| selling or transferring the firearm. | ||
| (c) If a licensed firearms dealer determines that the person | ||
| to whom the firearm is being sold or transferred may lawfully | ||
| possess a firearm, the dealer shall transfer the firearm as | ||
| directed by the person selling or transferring the firearm. | ||
| (d) A licensed firearms dealer to whom a firearm is | ||
| delivered under Section 205.051(3) may collect a reasonable fee | ||
| from the person who is selling or transferring the firearm. | ||
| Sec. 205.053. EXCEPTION. This subchapter does not apply | ||
| to: | ||
| (1) a transfer of a firearm to a person by inheritance | ||
| or bequest on the death of the owner of the firearm; or | ||
| (2) a sale or other transfer of a firearm by the owner | ||
| of the firearm if the transferor and the transferee are related | ||
| within the third degree by consanguinity or within the second | ||
| degree by affinity as determined under Chapter 573, Government | ||
| Code. | ||
| Sec. 205.054. 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, 2021. | ||
