HBA-KDB, NRS H.B. 367 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 367
By: Hinojosa
Criminal Jurisprudence
2/16/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the nonlicensed sale or exchange of a firearm at a gun
show is not regulated by the Brady Handgun Violence Prevention Act (Brady
Act).    Because of this, a person who sells or exchanges a firearm at a
gun show is not required to check a purchaser's background with the Federal
Bureau of Investigations's National Instant Criminal Background Check
System to ensure that a purchaser of a firearm is not a felon or otherwise
prohibited from possessing a firearm.   House Bill 367 requires that all
nonlicensees use the same background check required under the Brady Act,
unless the purchaser is licensed to carry a concealed handgun under Texas
Law. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 367 amends the Penal Code to establish that a person commits a
third degree felony if the person knowingly sells a firearm in exchange for
money or other consideration at a gun show to another person who is not
licensed to carry a concealed handgun. The bill provides that it is an
exception to the application of these provisions if the person complies
with the national instant criminal background check system before
completing the sale. In the bill, "gun show" means a place or event, other
than a permanent retail store, at which three or more individuals assemble
to display firearms or firearm components to the public and a fee is
charged for the privilege of displaying the firearms or firearm components
or a fee is charged for admission to the area where the firearms or
components are displayed. 

EFFECTIVE DATE

September 1, 2001.