Reynolds Unmarked Firearms Bill’s Owner Rule Waits Until 2028

The text as introduced · 1,804 words

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:

(a) A person commits an offense if the person intentionally

or knowingly possesses, manufactures, transports, repairs, or

sells:

(1) any of the following items, unless the item is

registered in the National Firearms Registration and Transfer

Record maintained by the Bureau of Alcohol, Tobacco, Firearms and

Explosives or otherwise not subject to that registration

requirement or unless the item is classified as a curio or relic by

the United States Department of Justice:

(A) an explosive weapon;

(B) a machine gun; or

(C) a short-barrel firearm;

(2) armor-piercing ammunition;

(3) a chemical dispensing device;

(4) a zip gun;

(5) a tire deflation device; [ or ]

(6) an improvised explosive device ; or

(7) a firearm containing a component part manufactured

using a three-dimensional printer .

(a-1) A person commits an offense if the person

intentionally or knowingly:

(1) manufactures a component part for a firearm using

a three-dimensional printer; or

(2) possesses, transports, repairs, or sells a

component part described by Subdivision (1).

SECTION 4. The changes in law made by this Act to Chapter

46, Penal Code, apply only to an offense committed on or after the

effective date of this Act. An offense committed before the

effective date of this Act is governed by the law in effect on the

date the offense was committed, and the former law is continued in

effect for that purpose. For purposes of this section, an offense

was committed before the effective date of this Act if any element

of the offense occurred before that date.

SECTION 5. As soon as practicable after September 1, 2025,

the Department of Public Safety of the State of Texas shall adopt

rules as required by Subchapter H-1, Government Code, as added by

this Act.

SECTION 6. (a) Except as provided by Subsections (b) and (c)

of this section, this Act takes effect September 1, 2025.

(b) Sections 411.225 and 411.229(a)(1), Government Code, as

added by this Act, take effect September 1, 2027.

(c) Sections 411.226 and 411.229(a)(2), Government Code, as

added by this Act, take effect September 1, 2028.