| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring the report of certain sales of multiple |
|
|
firearms and multiple firearm magazines; 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. REPORTING OF CERTAIN SALES OF MULTIPLE FIREARMS AND |
|
|
MULTIPLE FIREARM MAGAZINES |
|
|
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) "Firearm" has the meaning assigned by Section |
|
|
46.01, Penal Code. |
|
|
(3) "Multiple firearm sales report" means the form |
|
|
described by Section 205.101, Business & Commerce Code. |
|
|
(4) "Retailer" has the meaning assigned by Section |
|
|
151.008, Tax Code. |
|
|
SUBCHAPTER B. REPORTING REQUIREMENTS |
|
|
Sec. 205.051. REPORTING OF CERTAIN SALES REQUIRED. (a) A |
|
|
multiple firearm sales report is required when a retailer sells or |
|
|
otherwise transfers to the same buyer or transferee within five |
|
|
consecutive days: |
|
|
(1) more than one firearm; or |
|
|
(2) more than three detachable firearm magazines, |
|
|
other than detachable firearm magazines originally packaged with a |
|
|
firearm by the manufacturer that are sold or otherwise transferred |
|
|
with the firearm. |
|
|
(b) The multiple firearm sales report shall be transmitted |
|
|
to the department before completing a sale or transfer described by |
|
|
Subsection (a). |
|
|
(c) Within 24 hours after receiving a multiple firearm sales |
|
|
report, the department shall transmit it to the sheriff of the |
|
|
county in which the retailer operates and the sheriff of the county |
|
|
in which the buyer or transferee resides. |
|
|
Sec. 205.052. FAILURE TO REPORT; OFFENSE. (a) A person who |
|
|
intentionally, knowingly, recklessly, or with criminal negligence |
|
|
fails to transmit a multiple firearm sales report as required by |
|
|
this subchapter commits an offense. |
|
|
(b) An offense under this section is a class B misdemeanor. |
|
|
SUBCHAPTER C. MULTIPLE FIREARM SALES REPORT FORM |
|
|
Sec. 205.101. FORM. (a) Not later than September 1, 2023, |
|
|
the department shall develop a form for making a multiple firearm |
|
|
sales report. |
|
|
(b) The form shall identify the dates and locations of the |
|
|
sales or transfers, the firearms or detachable magazines sold or |
|
|
transferred, and the identity of the retailer and the buyer or |
|
|
transferee, including a copy of the identification provided by the |
|
|
buyer or transferee. |
|
|
(c) When the form required by this section is developed, the |
|
|
department shall post it on the department's internet website. The |
|
|
post shall include an email address or electronic portal for |
|
|
submitting the form and instructions for doing so. |
|
|
Sec. 205.102. CONFIDENTIALITY. Multiple firearm sales |
|
|
reports are confidential. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |