Bill Text: TX HB288 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the creation of certain criminal offenses concerning firearm sales at gun shows; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-16 - Filed [HB288 Detail]
Download: Texas-2021-HB288-Introduced.html
| By: Bernal | H.B. No. 288 | |
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| relating to the creation of certain criminal offenses concerning | ||
| firearm sales at gun shows; authorizing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 46.01, Penal Code, is amended by adding | ||
| Subdivisions (20) and (21) to read as follows: | ||
| (20) "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. | ||
| (21) "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 January 1, 2022. | ||
| SECTION 4. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
