Bill Text: TX HB662 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the regulation of certain firearm transfers; creating criminal offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Community Safety, Select [HB662 Detail]
Download: Texas-2023-HB662-Introduced.html
| 88R4460 AJZ-D | ||
| By: Meza | H.B. No. 662 | |
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| relating to the regulation of certain firearm transfers; creating | ||
| criminal offenses. | ||
| 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 FIREARM TRANSFERS | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 205.001. DEFINITIONS. In this chapter: | ||
| (1) "Department" means the Department of Public | ||
| Safety. | ||
| (2) "Firearm" has the meaning assigned by Section | ||
| 46.01, Penal Code. | ||
| (3) "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. DOCUMENTATION OF PRIVATE FIREARM TRANSFERS. | ||
| (a) The department by rule shall adopt a form to document the sale | ||
| or other transfer of a firearm by a person who is not a licensed | ||
| firearms dealer. | ||
| (b) The form adopted under Subsection (a) must include: | ||
| (1) the name, driver's license or personal | ||
| identification certificate number, if any, and contact information | ||
| of the person selling or transferring the firearm; | ||
| (2) the name, driver's license or personal | ||
| identification certificate number, if any, and contact information | ||
| of the person to whom the firearm is being sold or transferred; | ||
| (3) the type of firearm and serial number of the | ||
| firearm being sold or transferred; and | ||
| (4) any other information the department considers | ||
| necessary to document the sale or transfer. | ||
| Sec. 205.052. DOCUMENTATION REQUIREMENTS FOR PRIVATE | ||
| FIREARM TRANSFERS. (a) Subject to Subsection (b), a person may not | ||
| sell or otherwise transfer a firearm to another person unless the | ||
| person is a licensed firearms dealer. | ||
| (b) Subject to Section 205.053, a person who is not a | ||
| licensed firearms dealer may sell or otherwise transfer a firearm | ||
| to another person only if the transferor: | ||
| (1) documents the transfer on the form adopted by the | ||
| department under Section 205.051; and | ||
| (2) submits the form described by Subdivision (1) to | ||
| the department not later than the 30th day after the date of the | ||
| transfer. | ||
| (c) A person who violates this section commits an offense. | ||
| An offense under this section is a Class C misdemeanor. | ||
| Sec. 205.053. VOLUME LIMITATIONS ON PRIVATE FIREARM | ||
| TRANSFERS. (a) A person may not sell or otherwise transfer more | ||
| than five firearms to one or more persons each year unless the | ||
| transferor is a licensed firearms dealer. | ||
| (b) A person who violates this section commits an offense. | ||
| An offense under this section is a Class C misdemeanor. | ||
| (c) This section 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. | ||
| SUBCHAPTER C. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR | ||
| PRIVATE TRANSFER OF FIREARMS | ||
| Sec. 205.101. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK | ||
| REQUIRED FOR PRIVATE TRANSFER OF FIREARMS. 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 transfers the firearm to a licensed | ||
| firearms dealer; or | ||
| (3) before the firearm is delivered to the person to | ||
| whom the firearm is being transferred, the person 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 proposed transferee | ||
| may lawfully possess a firearm. | ||
| Sec. 205.102. DUTIES OF LICENSED FIREARMS DEALER. (a) If a | ||
| licensed firearms dealer receives a firearm under Section | ||
| 205.101(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 transferred may | ||
| lawfully possess the firearm. The transfer may not occur until the | ||
| dealer completes the background check required by this subchapter. | ||
| (b) If a licensed firearms dealer determines that the | ||
| proposed transferee may not lawfully possess a firearm, the dealer | ||
| shall return the firearm to the person who delivered the firearm to | ||
| the dealer under Section 205.101(3). | ||
| (c) A licensed firearms dealer to whom a firearm is | ||
| delivered under Section 205.101(3) may collect a reasonable fee | ||
| from the person who delivered the firearm to the dealer. | ||
| Sec. 205.103. 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, 2023. | ||
