H.B. 594

[jrosto]

I found it listed on the state site, but can not find the text. Anyone know much about this bill?

[Charles L. Cotton]

It must have been filed too late on Friday for them to get the test into the database. It a gun show bill by Yvonne Davis, so it will be a bad bill. She also introduced HB 595 calling for a waiting period to purchase a handgun.

Chas.

[Commander]

She's from Dallas, but I've never heard of her before. Records show that she only authored 5 bills - two mentioned here, one about impersonating a police officer, one about "temperature adjusted gasoline or diesel" and finally one honoring the City of Desoto for webcasting their meetings. She co-authored none and co-sponsored one. Neither of these bills has a co-sponsor at this time.

[Mithras61]

Well, the caption for HB 594 says "Relating to the creation of certain offenses concerning firearm sales at gun shows." so it's almost certainly to close the so-called "gunshow loophole" for firearms sales.

Warning!: The following train of thought is provided without being able to read the text of the bill...

It doesn't seem likely to stand much of a chance of passing. The majority of TX legislators seem to realize that this so-called loophole is no such thing. You still get to go through a NICS check if you buy from an FFL. You don't have to pass one if you are buying from a private seller. If these bradys get their way on this, the next step will be to require a NICS check for EVERY private sale, which will be tantamount to gun registration.

[jrosto]

The text is now up

HB 594

[Mithras61]

Ok, so it IS an attempt to close the "loophole" that allows private sales at gunshows without a NICS check.

Seems to me that we should lobby/call/whatever it takes to stop this. As I said before, it's a short step from this to requiring a NICS check for ALL sales, whether or not it happens at a gun show, and a shorter step from there to having a firearms registry (hey, why don't you send US that paperwork, instead of having to maintain it all yourself? It would be SO much cheaper & easier... Oh, and by the way, we're not going to keep the actual receipt, we'll just put it all into this here database where it'll be safe...).


Maybe I'm paranoid and maybe not, but this seems like the MOST likely scenario to me (trying to follow "the simplest explanation is usually the most likely" reasoning).

[txinvestigator]

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. However, I would have to keep a permenant record of the sale?

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.

[KBCraig]

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.

I don't think so.

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.

However, I would have to keep a permenant record of the sale?

It doesn't say permanent.

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.

You're correct that it's poorly written, showing little understanding of the laws in place.

There's also no definition of "gun show".

[txinvestigator]

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.

I don't think so.

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.

agreed, and federal law only requires it for FFL's.

However, I would have to keep a permenant record of the sale?

It doesn't say permanent.

Right.

There's also no definition of "gun show".

There is, I just didn't inlcude it;

Section 46.01, Penal Code, is amended by adding
1-6 Subdivisions (17) and (18) to read as follows:
1-7 (17) "Gun show" means a place other than a permanent
1-8 retail store, including a driveway, sidewalk or walkway, parking
1-9 lot, or other parking area, or an event at which:
1-10 (A) three or more individuals assemble to display
1-11 firearms or firearm components to the public; and
1-12 (B) a fee is charged for the privilege of
1-13 displaying the firearms or firearm components or a fee is charged
1-14 for admission to the area where the firearms or components are
1-15 displayed.

[stevie_d_64]

There's also no definition of "gun show".

Right...

The potential for invasion of your property and privacy is seen pretty quick when these pop up...

There was concern when these types of bills come up in other legislative bodies...That a "gunshow" could be defined as you and I (two private citizens) getting to gether to show off, trade, buy that stuff...

This bill would make it illegal to do that, if they ultimately got their way...

Don't think this one will make it...