| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of certain 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 (18) and (19) to read as follows: |
|
|
(18) "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. |
|
|
(19) "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 concealed |
|
|
handgun under Subchapter H, Chapter 411, Government Code. |
|
|
(d) An offense under Subsection (a) or (b) 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 concealed |
|
|
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 Subsection (a) or (f) 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, 2013. |
|
|
SECTION 4. This Act takes effect September 1, 2013. |