Goodwin Bill Has Dealers Report Multiple Rifle Sales To DPS

The text as introduced · 805 words

89R1390 AJZ-D

By: Goodwin
H.B. No. 874

A BILL TO BE ENTITLED

AN ACT

relating to requiring a licensed firearms dealer to report certain

sales or transfers of multiple semiautomatic rifles to law

enforcement; 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. REPORTS OF CERTAIN MULTIPLE SALES OR TRANSFERS OF

SEMIAUTOMATIC RIFLES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 205.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of Public Safety

of the State of Texas.

(2) "Licensed firearms dealer" means a person who is

licensed as a firearms dealer under 18 U.S.C. Section 923.

Sec. 205.002. APPLICABILITY. This chapter applies only to

a semiautomatic rifle that:

(1) is capable of accepting a detachable magazine; and

(2) has a caliber greater than .22.

SUBCHAPTER B. REQUIRED REPORTING OF CERTAIN MULTIPLE SALES OR

TRANSFERS OF SEMIAUTOMATIC RIFLES

Sec. 205.051. REPORT BY LICENSED FIREARMS DEALER. (a) This

section applies only to a sale or transfer of two or more

semiautomatic rifles to which this chapter applies made to the same

transferee, other than a licensed firearms dealer, on a single

occasion or on more than one occasion during a period of five

consecutive business days.

(b) A licensed firearms dealer shall report to the

department, in the form and manner prescribed by the department

under Section 205.101, the multiple sales or transfers described by

Subsection (a).

(c) Before completing a sale or transfer of a semiautomatic

rifle to which this chapter applies the licensed firearms dealer

making the sale or transfer shall:

(1) review the items in the current sale or transfer

and any recent previous sales and transfers by the dealer to that

transferee to determine whether the reporting duties of this

subchapter apply to the dealer as a result of that sale or transfer;

and

(2) submit a report, if required, under Subsection

(b).

(d) A report submitted by a licensed firearms dealer to the

department under this section is confidential and not subject to

disclosure under Chapter 552, Government Code.

Sec. 205.052. REPORT TO SHERIFF AND POLICE DEPARTMENT. (a)

Not later than 24 hours after receiving a report from a licensed

firearms dealer under Section 205.051(b), the department shall

transmit the report to:

(1) the sheriff of each county in which the applicable

sales or transfers occurred;

(2) the sheriff of the county in which the transferee

resides;

(3) if any of the applicable sales or transfers

occurred in a municipality, the police department of each

municipality in which the applicable sales or transfers occurred;

and

(4) if the transferee resides in a municipality, the

police department of the municipality in which the transferee

resides.

(b) Information in a report submitted to a county sheriff or

a police department under Subsection (a) is confidential and not

subject to disclosure under Chapter 552, Government Code.

Sec. 205.053. OFFENSE. (a) A licensed firearms dealer who,

with criminal negligence, violates Section 205.051 commits an

offense.

(b) An offense under this section is a Class B misdemeanor.

SUBCHAPTER C. FORMS

Sec. 205.101. FORM FOR SUBMISSION OF LICENSED FIREARMS

DEALER REPORT. (a) For purposes of the report required by Section

205.051(b), the department shall require a licensed firearms dealer

to use a form prescribed by the department.

(b) The form prescribed under Subsection (a) must:

(1) include:

(A) the dates and locations of the applicable

sales or transfers;

(B) the number of semiautomatic rifles sold or

transferred;

(C) the identity and location of the licensed

firearms dealer, including the locations where each applicable sale

or transfer occurred; and

(D) the identity of the transferee; and

(2) require the licensed firearms dealer to submit a

copy of the identification provided by the transferee for the

purchase.

(c) The department shall post on the department's publicly

accessible Internet website:

(1) the form required by this section; and

(2) instructions for submitting the form and related

documentation, including an e-mail address or electronic portal

that may be used to submit the form and documentation.

SECTION 2. Not later than September 1, 2025, the Department

of Public Safety shall develop the form for reporting multiple

semiautomatic rifle sales or transfers, as required by Section

205.101, Business & Commerce Code, as added by this Act.

SECTION 3. The change in law made by this Act applies only

to the sale or transfer of a semiautomatic rifle that occurs on or

after the effective date of this Act. A sale or transfer of a

semiautomatic rifle that occurs before the effective date of this

Act is governed by the law in effect immediately before the

effective date of this Act, and that law is continued in effect for

that purpose.

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