HB4159 - Relating to prohibiting the manufacture, assembly, or ownership of unmarked firearms and other conduct involving certain firearms and component parts of firearms; creating criminal offenses; authorizing a fee.

  89R15556 JSC-F     By: Reynolds H.B. No. 4159       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the manufacture, assembly, or ownership of   unmarked firearms and other conduct involving certain firearms and   component parts of firearms; creating criminal offenses;   authorizing a fee.          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. MARKING OF UNMARKED FIREARMS REQUIRED           Sec.   411.221.     DEFINITION. In this subchapter, "firearm"   has the meaning assigned by Section 46.01, Penal Code.           Sec.   411.222.     APPLICABILITY. (a) Except as provided by   Subsections (b) and (c), this subchapter applies only to a firearm   that has not been:                 (1)     assigned a unique serial number or other mark of   identification under federal law or the law of this state or another   state; and                 (2)     marked with that serial number or mark in a manner   that meets or exceeds the requirements imposed under federal law on   licensed importers and licensed manufacturers of firearms for   marking imported or manufactured firearms with a serial number.           (b)  This subchapter does not apply to:                 (1)     a firearm, other than a handgun, manufactured or   assembled before December 16, 1968;                 (2)     a firearm that is a curio or relic, as those terms   are defined by 27 C.F.R. Section 478.11, or an antique firearm, as   that term is defined by 27 C.F.R. Section 479.11; or                 (3)     a firearm assigned a unique serial number or other   mark of identification for the purpose of entering a description of   the firearm into a criminal intelligence database.           (c)     This subchapter does not apply to the importation or   manufacture of a firearm by a person licensed under federal law to   engage in the business of importing or manufacturing firearms, if   the firearms imported or manufactured by that person are marked   with a unique serial number in compliance with federal law.           Sec.   411.223.     RULEMAKING AUTHORITY; ADMINISTRATION.   (a)   The director shall adopt rules necessary to implement this   subchapter.           (b)  The department shall:                 (1)     administer this subchapter and the rules adopted   by the director under Subsection (a); and                 (2)     take action necessary to ensure compliance with   this subchapter.           Sec.   411.224.     FEE. To cover the cost of administering this   subchapter, the department may collect a reasonable fee from an   applicant for a unique serial number or other mark of   identification under this subchapter.           Sec.   411.225.     MARKING REQUIREMENTS FOR MANUFACTURING OR   ASSEMBLING FIREARMS. A person who manufactures or assembles a   firearm to which this subchapter applies shall:                 (1)     before manufacturing or assembling the firearm,   apply to the department for a unique serial number or other mark of   identification;                 (2)     not later than the 10th day after the date of   manufacturing or assembling the firearm or the date of receiving a   serial number or mark provided by the department, whichever is   later:                       (A)     in a manner that meets or exceeds the   requirements described by Section 411.222(a)(2), permanently affix   to the firearm the serial number or mark provided by the department;   or                       (B)     if the firearm is composed primarily of parts   made out of plastic, permanently affix to a piece of steel the   serial number or mark provided by the department and embed that   marked piece of steel in the firearm in a manner that meets or   exceeds the requirements of the Undetectable Firearms Act of 1988   (18 U.S.C. Section 922(p)) and the requirements described by   Section 411.222(a)(2); and                 (3)     after permanently affixing to the firearm the   serial number or mark provided by the department, as described by   Subdivision (2), notify the department in a manner prescribed by   the department:                       (A)     that the serial number or mark has been   affixed to the firearm; and                       (B)  of the name of the owner of the firearm.           Sec.   411.226.     MARKING REQUIREMENTS FOR UNMARKED FIREARMS.   (a) Except as provided by Subsection (b), a person who owns a   firearm to which this subchapter applies shall, not later than the   30th day after the date the person acquires the firearm or enters   this state with the firearm:                 (1)     apply to the department for a unique serial number   or other mark of identification;                 (2)     not later than the 10th day after the date of   receiving a serial number or mark provided by the department:                       (A)     in a manner that meets or exceeds the   requirements described by Section 411.222(a)(2), permanently affix   to the firearm the serial number or mark provided by the department;   or                       (B)     if the firearm is composed primarily of parts   made out of plastic, permanently affix to a piece of steel the   serial number or mark provided by the department and embed that   marked piece of steel in the firearm in a manner that meets or   exceeds the requirements of the Undetectable Firearms Act of 1988   (18 U.S.C. Section 922(p)) and the requirements described by   Section 411.222(a)(2); and                 (3)     after permanently affixing to the firearm the   serial number or mark provided by the department, as described by   Subdivision (2), notify the department in a manner prescribed by   the department:                       (A)     that the serial number or mark has been   affixed to the firearm; and                       (B)  of the name of the owner of the firearm.           (b)     A person who owns a firearm to which this subchapter   applies, who has obtained for that firearm a unique serial number or   other mark of identification as described by Section 411.222(a)(1),   but who has not yet permanently affixed the number or mark to the   firearm, promptly shall permanently affix the applicable number or   mark to the firearm as provided by Subsection (a)(2)(A) or (B).           Sec.   411.227.     SALE OR TRANSFER OF UNMARKED FIREARMS   PROHIBITED; EXCEPTION; DUTY TO DESTROY. (a) A person may not sell   or otherwise transfer ownership of a firearm to which this   subchapter applies unless the person sells or otherwise transfers   ownership of the firearm to a law enforcement agency.           (b)     Notwithstanding Article 18.18, 18.19, or 18.191, Code   of Criminal Procedure, or Chapter 47 of that code, a law enforcement   agency that purchases or otherwise obtains ownership of a firearm   to which this subchapter applies shall destroy the firearm.           Sec.   411.228.     SERIAL NUMBER ISSUANCE; APPLICATION.   (a) The   department shall issue a unique serial number or other mark of   identification to an applicant who meets all the eligibility   requirements and submits all the application materials as described   by this subchapter.           (b)     An applicant for a unique serial number or other mark of   identification must:                 (1)     on each occasion the applicant requests a serial   number or mark for a firearm to which this subchapter applies,   provide the department information sufficient to enable the   department to determine that the applicant is not prohibited by   state or federal law from possessing each firearm included in the   application;                 (2)     provide proof of identity and age showing that the   applicant is 18 years of age or older;                 (3)     provide a description of the firearm to which this   subchapter applies that the applicant owns or intends to   manufacture or assemble;                 (4)     provide any other information the department may   require; and                 (5)     pay any applicable fee prescribed by the   department.           (c)     The department shall review and either approve or deny   an application not later than the 15th day after the date the   department receives the application. The department shall notify   the applicant in writing if the department denies the application   and include a detailed description of the reason for the denial.           Sec.   411.229.     OFFENSE. (a) A person commits an offense if   the person:                 (1)     manufactures or assembles a firearm to which this   subchapter applies and fails to comply with Section 411.225;                 (2)     owns a firearm to which this subchapter applies   and fails to comply with Section 411.226; or                 (3)     in violation of Section 411.227, sells or   otherwise transfers ownership of a firearm to which this subchapter   applies.           (b)     An offense under this section is a Class B misdemeanor,   except that the offense is a Class A misdemeanor if the firearm is a   handgun.           (c)     For purposes of this section, each firearm   manufactured, assembled, or owned in violation of this subchapter   is a separate offense.           (d)     If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.           Sec.   411.230.     PUBLIC INFORMATION. The department shall   make available on the department's Internet website:                 (1)     the number of unique serial numbers or other marks   of identification issued under this subchapter; and                 (2)     the number of arrests and convictions for an   offense under Section 411.229.          SECTION 2.  Section 46.01, Penal Code, is amended by adding   Subdivision (21) to read as follows:                 (21)     "Three-dimensional printer" means a device   capable of producing a three-dimensional object from a digital   model.          SECTION 3.  Section 46.05, Penal Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:         &#x [Text truncated for display. Full text available on Congress.gov.]