HB432 - Relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.

  89R1393 AJZ-D     By: Goodwin H.B. No. 432       A BILL TO BE ENTITLED   AN ACT   relating to requiring a national instant criminal background check   in connection with private 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. REGULATION OF PRIVATE FIREARM TRANSFERS           Sec.   205.051.     REQUIREMENTS FOR PRIVATE FIREARM TRANSFER;   OFFENSE.   (a)   A person may not sell or otherwise transfer a firearm   to another person unless:                 (1)  the person is a licensed firearms dealer; or                 (2)  the person is not a licensed firearms dealer, and:                       (A)     the person sells or transfers the firearm to   a licensed firearms dealer;                       (B)     the transferor and the transferee are related   within the first degree by consanguinity or affinity as determined   under Chapter 573, Government Code; or                       (C)     before delivering the firearm to the person   to whom the firearm is being sold or transferred, the person selling   or transferring the firearm requests that a licensed firearms   dealer conduct, in the manner required by 18 U.S.C. Section 922, a   national instant criminal background check to verify that the   person to whom the firearm is being sold or transferred may lawfully   possess a firearm.           (b)     A person who violates this section commits an offense.   An offense under this section is a Class A misdemeanor.           Sec.   205.052.     DUTIES OF LICENSED FIREARMS DEALER. (a)   If a   licensed firearms dealer receives a request to conduct a national   instant criminal background check under Section 205.051(a)(2)(C),   the dealer shall:                 (1)     in the manner required by 18 U.S.C. Section 922,   conduct the criminal background check to verify that the person to   whom the firearm is being sold or transferred may lawfully possess a   firearm; and                 (2)     notify the person who is selling or transferring   the firearm of the results of the criminal background check.           (b)     A licensed firearms dealer who performs a national   instant criminal background check under this section may collect a   reasonable fee from the person who requests the criminal background   check.          SECTION 2.  This Act takes effect September 1, 2025.