Meza Bill Caps Private Sellers At Five Transfers A Year

The text as introduced · 782 words

89R4711 AJZ-D

By: Meza
H.B. No. 461

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain firearm transfers; creating

criminal offenses.

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 FIREARM TRANSFERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 205.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of Public

Safety.

(2) "Firearm" has the meaning assigned by Section

46.01, Penal Code.

(3) "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. DOCUMENTATION OF PRIVATE FIREARM TRANSFERS.

(a) The department by rule shall adopt a form to document the sale

or other transfer of a firearm by a person who is not a licensed

firearms dealer.

(b) The form adopted under Subsection (a) must include:

(1) the name, driver's license or personal

identification certificate number, if any, and contact information

of the person selling or transferring the firearm;

(2) the name, driver's license or personal

identification certificate number, if any, and contact information

of the person to whom the firearm is being sold or transferred;

(3) the type of firearm and serial number of the

firearm being sold or transferred; and

(4) any other information the department considers

necessary to document the sale or transfer.

Sec. 205.052. DOCUMENTATION REQUIREMENTS FOR PRIVATE

FIREARM TRANSFERS. (a) Except as provided by Subsection (b), a

person may not sell or otherwise transfer a firearm to another

person unless the person is a licensed firearms dealer.

(b) Subject to Section 205.053, a person who is not a

licensed firearms dealer may sell or otherwise transfer a firearm

to another person only if the transferor:

(1) documents the transfer on the form adopted by the

department under Section 205.051; and

(2) submits the form described by Subdivision (1) to

the department not later than the 30th day after the date of the

transfer.

(c) A person who violates this section commits an offense.

An offense under this section is a Class C misdemeanor.

Sec. 205.053. VOLUME LIMITATIONS ON PRIVATE FIREARM

TRANSFERS. (a) A person may not sell or otherwise transfer more

than five firearms to one or more persons each year unless the

transferor is a licensed firearms dealer.

(b) A person who violates this section commits an offense.

An offense under this section is a Class C misdemeanor.

(c) This section does not apply to:

(1) a transfer of a firearm to a person by inheritance

or bequest on the death of the owner of the firearm; or

(2) a sale or other transfer of a firearm by the owner

of the firearm if the transferor and the transferee are related

within the third degree by consanguinity or within the second

degree by affinity, as determined under Chapter 573, Government

Code.

SUBCHAPTER C. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR

PRIVATE TRANSFER OF FIREARMS

Sec. 205.101. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK

REQUIRED FOR PRIVATE TRANSFER OF FIREARMS. A person may not sell or

otherwise transfer a firearm to another person unless:

(1) the person is a licensed firearms dealer;

(2) the person transfers the firearm to a licensed

firearms dealer; or

(3) before the firearm is delivered to the person to

whom the firearm is being transferred, the person transferring 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 the manner required

by 18 U.S.C. Section 922 and verifies that the proposed transferee

may lawfully possess a firearm.

Sec. 205.102. DUTIES OF LICENSED FIREARMS DEALER. (a) If a

licensed firearms dealer receives a firearm under Section

205.101(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 transferred may

lawfully possess the firearm. The transfer may not occur until the

dealer completes the background check required by this subchapter.

(b) If a licensed firearms dealer determines that the

proposed transferee may not lawfully possess a firearm, the dealer

shall return the firearm to the person who delivered the firearm to

the dealer under Section 205.101(3).

(c) A licensed firearms dealer to whom a firearm is

delivered under Section 205.101(3) may collect a reasonable fee

from the person who delivered the firearm to the dealer.

Sec. 205.103. 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, 2025.