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.