I don't think so.txinvestigator wrote:Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN
1-21 SHOWS. (a) A person commits an offense if the person knowingly
1-22 sells a firearm to another person in exchange for money or other
1-23 consideration at a gun show without complying with the national
1-24 instant criminal background check system in the manner required by
2-1 18 U.S.C. Section 922 before completing the sale. A person who
2-2 conducts a criminal background check as required by this subsection
2-3 may charge a fee of not more than $10.
2-4 (b) A person commits an offense if the person knowingly
2-5 sells a firearm to another person in exchange for money or other
2-6 consideration at a gun show and the person does not maintain a
2-7 record of the sale.
2-8 (c) It is an exception to the application of Subsection (a)
2-9 that the person to whom the firearm is sold is a peace officer.
2-10 (d) An offense under Subsection (a) or (b) is a Class A
2-11 misdemeanor.
The way I read that, a non-FFL can sell a private firearm without doing the NICS since 18 U.S.C. Section 922, only requires it of FFL's.
You're correct about 18 USC 922 only requiring FFL dealers to conduct the NICS check, but this state law would require all sellers to have a NICS conducted "in the manner required by" federal law.
It doesn't say permanent.However, I would have to keep a permenant record of the sale?
You're correct that it's poorly written, showing little understanding of the laws in place.Whoever wrote that obviously does not understand the current law. This new law would exempt peace offices from the NICS under state law, but peace officers are NOT now exempt from NICS under federal law.
There's also no definition of "gun show".