Blanco Firearm Transfer Bill Routes Private Gun Sales Through Dealers

The text as introduced · 2,332 words

89R6059 AJZ-D

By: Blanco
S.B. No. 908

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain firearm transfers, to the

unlawful possession or acquisition of a firearm or ammunition, and

to reports of lost or stolen firearms; 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 PRIVATE FIREARM TRANSFERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 205.001. DEFINITIONS. In this chapter:

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

46.01, Penal Code.

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

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

SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR

PRIVATE FIREARM TRANSFERS

Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK

REQUIRED FOR PRIVATE TRANSFER OF FIREARM. 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 sells or transfers the firearm to a

licensed firearms dealer; or

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

whom the firearm is being sold or transferred, the person selling or

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

person to whom the firearm is being sold or transferred may lawfully

possess a firearm.

Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a

licensed firearms dealer receives a firearm under Section

205.051(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 sold or

transferred may lawfully possess a firearm.

(b) If a licensed firearms dealer determines that the person

to whom the firearm is being sold or transferred may not lawfully

possess a firearm, the dealer shall return the firearm to the person

selling or transferring the firearm.

(c) If a licensed firearms dealer determines that the person

to whom the firearm is being sold or transferred may lawfully

possess a firearm, the dealer shall transfer the firearm as

directed by the person selling or transferring the firearm.

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

delivered under Section 205.051(3) may collect a reasonable fee

from the person who is selling or transferring the firearm.

Sec. 205.053. EXCEPTION. This subchapter 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.

Sec. 205.054. OFFENSE. A person who violates this

subchapter commits an offense. An offense under this section is a

Class A misdemeanor.

SECTION 2. Article 14.06(b), Code of Criminal Procedure, is

amended to read as follows:

(b) A peace officer who is charging a person, including a

child, with committing an offense that is a Class C misdemeanor,

other than an offense under Section 49.02, Penal Code, may, instead

of taking the person before a magistrate, issue a citation to the

person that contains:

(1) written notice of the time and place the person

must appear before a magistrate;

(2) the name and address of the person charged;

(3) the offense charged;

(4) information regarding the alternatives to the full

payment of any fine or costs assessed against the person, if the

person is convicted of the offense and is unable to pay that amount;

and

(5) the following admonishment, in boldfaced or

underlined type or in capital letters:

"If you are convicted of a misdemeanor offense involving

violence where you are or were a spouse, intimate partner, parent,

or guardian of the victim or are or were involved in another,

similar relationship with the victim, it may be unlawful for you to

possess or acquire [ purchase ] a firearm, including a handgun or

long gun, or ammunition, pursuant to federal law under 18 U.S.C.

Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you

have any questions whether these laws make it illegal for you to

possess or acquire [ purchase ] a firearm or ammunition , you should

consult an attorney. If you make a false statement to the court

under oath relating to your possession or acquisition of a firearm

or ammunition, you may be subject to prosecution for an offense

under Section 37.02, Texas Penal Code. "

SECTION 3. Article 26.13, Code of Criminal Procedure, is

amended by adding Subsection (a-1) to read as follows:

(a-1) Before accepting a plea of guilty or a plea of nolo

contendere, the court shall admonish the defendant by using the

following statement:

"If you are convicted of a felony offense, it may be unlawful

for you to possess or acquire a firearm, including a handgun or long

gun, or ammunition, pursuant to federal law under 18 U.S.C. Section

922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any

questions whether these laws make it illegal for you to possess or

acquire a firearm or ammunition, you should consult an attorney. If

you make a false statement to the court under oath relating to your

possession or acquisition of a firearm or ammunition, you may be

subject to prosecution for an offense under Section 37.02, Texas

Penal Code."

SECTION 4. Article 27.14(e)(1), Code of Criminal Procedure,

is amended to read as follows:

(e)(1) Before accepting a plea of guilty or a plea of nolo

contendere by a defendant charged with a misdemeanor involving

family violence, as defined by Section 71.004, Family Code, the

court shall admonish the defendant by using the following

statement:

"If you are convicted of a misdemeanor offense involving

violence where you are or were a spouse, intimate partner, parent,

or guardian of the victim or are or were involved in another,

similar relationship with the victim, it may be unlawful for you to

possess or acquire [ purchase ] a firearm, including a handgun or

long gun, or ammunition, pursuant to federal law under 18 U.S.C.

Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you

have any questions whether these laws make it illegal for you to

possess or acquire [ purchase ] a firearm or ammunition , you should

consult an attorney. If you make a false statement to the court

under oath relating to your possession or acquisition of a firearm

or ammunition, you may be subject to prosecution for an offense

under Section 37.02, Texas Penal Code. "

SECTION 5. Article 42.0131, Code of Criminal Procedure, is

amended to read as follows:

Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS AND

AMMUNITION [ FOR PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY

VIOLENCE ]. If a person is convicted of a misdemeanor involving

family violence, as defined by Section 71.004, Family Code, or of a

felony, the court shall notify the person of the fact that :

(1) it is unlawful for the person to possess or acquire

[ transfer ] a firearm or ammunition ; and

(2) a person who makes a false statement to the court

under oath relating to the person's possession or acquisition of a

firearm or ammunition is subject to prosecution for an offense

under Section 37.02, Penal Code .

SECTION 6. Subchapter D, Chapter 411, Government Code, is

amended by adding Section 411.0522 to read as follows:

Sec. 411.0522. INVESTIGATION OF LICENSED FIREARMS DEALER

NOTIFICATION. (a) If the department receives a notification under

Section 46.06(e), Penal Code, from a firearms dealer licensed under

18 U.S.C. Section 923, the department shall initiate an

investigation.

(b) If the department's investigation under this section

produces evidence that a person may have violated Section 46.06,

Penal Code, the department shall refer the case to the appropriate

local authorities for further investigation and possible

prosecution.

SECTION 7. Subchapter A, Chapter 2002, Insurance Code, is

amended by adding Section 2002.007 to read as follows:

Sec. 2002.007. PROOF OF LOSS FOR FIREARM COVERAGE. (a) In

this section, "personal property insurance" means insurance

against damage to or loss of tangible personal property, including

coverage provided in a homeowners insurance policy, residential

fire and allied lines insurance policy, or farm and ranch owners

insurance policy.

(b) This section applies to each insurer that provides

personal property insurance in this state, including a county

mutual insurance company, farm mutual insurance company, Lloyd's

plan, and reciprocal or interinsurance exchange.

(c) A personal property insurance policy that includes

firearm coverage must provide that a report of the loss or theft of

a covered firearm submitted to a peace officer or law enforcement

agency on or before the 10th day after the date the policyholder

became aware the firearm was lost or stolen is sufficient proof of

loss for the firearm.

SECTION 8. Section 46.06, Penal Code, is amended by

amending Subsections (a) and (d) and adding Subsection (e) to read

as follows:

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

(1) sells, rents, leases, loans, or gives a handgun to

any person knowing that the person to whom the handgun is to be

delivered intends to use it unlawfully or in the commission of an

unlawful act;

(2) intentionally or knowingly sells, rents, leases,

or gives or offers to sell, rent, lease, or give to any child

younger than 18 years of age any firearm, club, or

location-restricted knife;

(3) intentionally, knowingly, or recklessly sells a

firearm or ammunition for a firearm to any person who is

intoxicated;

(4) knowingly sells a firearm or ammunition for a

firearm to any person who has been convicted of a felony before the

fifth anniversary of the later of the following dates:

(A) the person's release from confinement

following conviction of the felony; or

(B) the person's release from supervision under

community supervision, parole, or mandatory supervision following

conviction of the felony;

(5) sells, rents, leases, loans, or gives a handgun to

any person knowing that an active protective order is directed to

the person to whom the handgun is to be delivered;

(6) knowingly purchases, rents, leases, or receives as

a loan or gift from another a handgun while an active protective

order is directed to the actor; [ or ]

(7) while prohibited from possessing a firearm under

state or federal law, knowingly makes a material false statement on

a form that is:

(A) required by state or federal law for the

purchase, sale, or other transfer of a firearm; and

(B) submitted to a firearms dealer licensed under

18 U.S.C. Section 923 ; or

(8) knowingly acquires or attempts to acquire a

firearm or ammunition while the actor is prohibited from possessing

a firearm or ammunition by a state law or a federal law other than 18

U.S.C. Section 922(g)(4) .

(d) An offense under Subsection (a) [ this section ] is a

Class A misdemeanor, except that:

(1) an offense under Subsection (a)(2) is a state jail

felony if the weapon that is the subject of the offense is a

handgun; and

(2) an offense under Subsection (a)(7) is a state jail

felony.

(e) A firearms dealer licensed under 18 U.S.C. Section 923

who declines to transfer a firearm or ammunition to a prospective

transferee because the National Instant Criminal Background Check

System indicates that the prospective transferee is prohibited from

possessing a firearm and ammunition shall notify the Department of

Public Safety.

SECTION 9. Chapter 46, Penal Code, is amended by adding

Section 46.135 to read as follows:

Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a)

A person commits an offense if the person:

(1) owns a firearm that is subsequently lost by or

stolen from the person; and

(2) fails to report the loss or theft, or cause a

report of the loss or theft to be made, to a peace officer or law

enforcement agency on or before the 10th day after the date the

person became aware the firearm was lost or stolen.

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

(c) If conduct constituting an offense under this section

also constitutes an offense under another section of this code, the

actor may be prosecuted under either section or under both

sections.

SECTION 10. (a) Article 14.06, Code of Criminal Procedure,

as amended by this Act, and Section 46.06, Penal Code, as amended by

this Act, 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 subsection, an

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

element of the offense occurred before that date.

(b) Articles 26.13 and 27.14, Code of Criminal Procedure, as

amended by this Act, apply to a plea of guilty or a plea of nolo

contendere accepted by a court on or after the effective date of

this Act, regardless of whether the offense for which the plea was

accepted was committed before, on, or after that date.

(c) Article 42.0131, Code of Criminal Procedure, as amended

by this Act, applies to a judgment of conviction entered on or after

the effective date of this Act, regardless of whether the offense of

which the defendant is convicted was committed before, on, or after

that date.

(d) Section 2002.007, Insurance Code, as added by this Act,

applies only to an insurance policy delivered, issued for delivery,

or renewed on or after January 1, 2026.

SECTION 11. This Act takes effect September 1, 2025.