HBA-SEP H.B. 404 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 404
By: Danburg
Criminal Jurisprudence
3/2/2001
Introduced


BACKGROUND AND PURPOSE 

Under current law, licensed gun dealers have three business days to comply
with the national instant criminal background system (NICS).  According to
the United States Department of Justice, 95 percent of all checks are
complete within two hours.  Non-licensed vendors at gun shows, however, are
not currently required to run a background check.  House Bill 404 requires
a person selling a gun at a gunshow to comply with NICS. 

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 404 amends the Penal Code to provide that it is a Class A
misdemeanor if, at a gun show, a person knowingly sells a firearm to
another person in exchange for money or other consideration  and does not
maintain a record of the sale, or fails to comply with the national instant
criminal background check system, for which a fee of no more than $10 may
be charged.  The bill further provides that it is a Class A misdemeanor if
a gun show promoter: 

 _with criminal negligence, permits the sale of a firearm at a gun show
organized, planned, promoted, or operated by the promoter without complying
with the  national instant criminal background check system; 

 _fails to conduct or arrange for a licensed firearms dealer to conduct an
instant criminal background check on any person who purchases a firearm at
a gun show organized, planned, promoted, or operated by the promoter from
another person who is not a licensed firearms dealer;   
 
 _fails to provide, within a specified time period, written notice of the
date, time, and place of the gun show to the local law enforcement agency
of the county or municipality in which the show will be held; or 

 _fails to prominently post a notice stating these provisions in a form
prescribed by the Department of Public Safety. 

The bill provides that it is not an offense if a person sells or a gun show
promoter, with criminal negligence, permits the sale of a firearm at a gun
show to a peace officer or a person licensed to carry a concealed handgun. 

EFFECTIVE DATE

September 1, 2001.