Bernal Gun Show Bill Reaches Driveways, Sidewalks And Parking Lots

The text as introduced · 758 words

89R3415 AJZ-F

By: Bernal
H.B. No. 828

A BILL TO BE ENTITLED

AN ACT

relating to the creation of certain criminal offenses concerning

firearm sales at gun shows; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.01, Penal Code, is amended by adding

Subdivisions (21) and (22) to read as follows:

(21) "Gun show" means a place other than a permanent

retail store, including a driveway, sidewalk or walkway, parking

lot, or other parking area, or an event at which:

(A) three or more individuals assemble to display

firearms or firearm components to the public; and

(B) a fee is charged for the privilege of

displaying the firearms or firearm components or a fee is charged

for admission to the area where the firearms or components are

displayed.

(22) "Gun show promoter" means a person who organizes,

plans, promotes, or operates a gun show.

SECTION 2. Chapter 46, Penal Code, is amended by adding

Sections 46.065 and 46.066 to read as follows:

Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN

SHOWS. (a) A person commits an offense if the person knowingly

sells a firearm to another person in exchange for money or other

consideration at a gun show without complying with the National

Instant Criminal Background Check System in the manner required by

18 U.S.C. Section 922 before completing the sale. A person who

conducts a criminal background check as required by this subsection

may charge a fee in an amount equal to the cost incurred by the

person to obtain the background check.

(b) A person commits an offense if the person knowingly

sells a firearm to another person in exchange for money or other

consideration at a gun show and the person does not maintain a

record of the sale.

(c) It is an exception to the application of Subsection (a)

that the person to whom the firearm is sold is:

(1) a peace officer; or

(2) a person who is licensed to carry a handgun under

Subchapter H, Chapter 411, Government Code.

(d) An offense under this section is a Class A misdemeanor.

Sec. 46.066. CERTAIN REQUIREMENTS RELATING TO GUN SHOW

PROMOTER. (a) A gun show promoter commits an offense if the

promoter, with criminal negligence, permits the sale of a firearm

to a person at a gun show organized, planned, promoted, or operated

by the promoter without complying with the National Instant

Criminal Background Check System in the manner required by 18

U.S.C. Section 922 before completion of the sale.

(b) It is an exception to the application of Subsection (a)

that the person to whom the firearm is sold is:

(1) a peace officer; or

(2) a person who is licensed to carry a handgun under

Subchapter H, Chapter 411, Government Code.

(c) Not later than the 30th day before the date on which a

gun show is held, the gun show promoter shall provide written notice

of the date, time, and place of the gun show to the local law

enforcement agency of the county or municipality in which the gun

show will be held.

(d) A gun show promoter shall conduct, or arrange for a

person who is a licensed firearms dealer under 18 U.S.C. Section 923

to conduct, an instant criminal background check in the manner

required by 18 U.S.C. Section 922 on any person who purchases a

firearm at a gun show organized, planned, promoted, or operated by

the promoter from another person who is not a licensed firearms

dealer under 18 U.S.C. Section 923. A person who conducts a

criminal background check as required by this subsection may charge

a fee in an amount equal to the cost incurred by the person to obtain

the background check.

(e) A gun show promoter shall prominently post a notice in a

form prescribed by the Department of Public Safety stating the

requirements under this section and Section 46.065 relating to an

instant criminal background check.

(f) A gun show promoter commits an offense if the promoter

violates Subsection (c), (d), or (e).

(g) An offense under this section is a Class A misdemeanor.

(h) If conduct constituting an offense under this section

also constitutes an offense under Section 46.065, the actor may be

prosecuted under either section or under both sections.

SECTION 3. The change in law made by Section 46.066(c),

Penal Code, as added by this Act, applies only to a gun show held on

or after October 1, 2025.

SECTION 4. This Act takes effect September 1, 2025.