TITLE: Relating to the regulation of certain firearm transfers; creating criminal offenses.

SUMMARY: Relating to the regulation of certain firearm transfers; creating criminal offenses.

FULL TEXT:
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) "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. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER. (a) Subject to Section 205.053, a person may not sell or otherwise transfer a firearm to another person unless: (1) the person is a licensed firearms dealer; or (2) the person is not a licensed firearms dealer and: (A) documents the sale or transfer on the form adopted by the department under Section 205.051; and (B) submits the form described by Paragraph (A) to the department not later than the 30th day after the date of the sale or transfer. (b) A person who violates this section commits an offense. An offense under this section is a Class Cmisdemeanor. Sec. 205.053. REQUIREMENTS FOR PERSON SELLING OR TRANSFERRING FIREARMS. (a) A person may not sell or otherwise transfer more than five firearms to one or more persons each year unless the person is a licensed firearms dealer. (b) A person who violates this section commits an offense. An offense under this section is a Class Cmisdemeanor. (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. SECTION 2. This Act takes effect September 1, 2019.