| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring a national instant criminal background check |
|
|
in connection with certain firearm sales; creating an offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 411, Government Code, is amended by |
|
|
adding Subchapter H-1 to read as follows: |
|
|
SUBCHAPTER H-1. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR |
|
|
INTRASTATE INTERNET FIREARM SALE |
|
|
Sec. 411.221. DEFINITION. In this subchapter, "licensed |
|
|
firearms dealer" means a person who is licensed as a firearms dealer |
|
|
under 18 U.S.C. Section 923. |
|
|
Sec. 411.222. REQUIREMENTS FOR INTRASTATE INTERNET FIREARM |
|
|
SALE. A person in this state may not sell a firearm to another |
|
|
person in this state by means of the Internet unless: |
|
|
(1) the person is a licensed firearms dealer; |
|
|
(2) the person sells the firearm to a licensed |
|
|
firearms dealer; or |
|
|
(3) before the firearm is delivered to the person to |
|
|
whom the firearm is being sold, the person selling 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 a manner required by 18 U.S.C. |
|
|
Section 922 and verifies that the person to whom the firearm is |
|
|
being sold may lawfully possess a firearm. |
|
|
Sec. 411.223. DUTIES OF LICENSED FIREARMS DEALER. (a) If a |
|
|
licensed firearms dealer receives a firearm under Section |
|
|
411.222(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 may |
|
|
lawfully possess a firearm before transferring the firearm to that |
|
|
person. |
|
|
(b) If a licensed firearms dealer determines that the person |
|
|
to whom the firearm is being sold may not lawfully possess a |
|
|
firearm, the dealer shall return the firearm to the person selling |
|
|
the firearm. |
|
|
(c) A licensed firearms dealer to whom a firearm is |
|
|
delivered under Section 411.222(3) may collect a reasonable fee |
|
|
from the person who is selling the firearm. |
|
|
Sec. 411.224. 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, 2017. |