Hurley's Gold

HB 95 - Report attempt to purchase to DPS after NICS fail

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  • dogbone

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    HB 95, authored by Hinojosa, was referred to Criminal Jurisprudence

    https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB95

    Denying access by a prohibited person to firearms is what most of us would call "a good thing." There are still some portions of this bill which concern me.

    (e) A licensed firearms dealer under the Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, who declines to transfer a firearm to a prospective transferee because the National Instant Criminal Background Check System indicates that the prospective transferee is prohibited from possessing a firearm shall notify the Department of Public Safety.

    Does the language of the bill require a report to DPS for a delay or only for an outright denial? Given the large number of false positives through NICS, is this an efficient use of DPS staff and resources?
    Target Sports
     

    Renegade

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    A complete disaster of a law.

    (e) A licensed firearms dealer under the Brady Handgun
    Violence Prevention Act, 18 U.S.C. Section 922, who declines to
    transfer a firearm to a prospective transferee because the National
    Instant Criminal Background Check System indicates that the
    prospective transferee is prohibited from possessing a firearm
    shall notify the Department of Public Safety.


    It is unenforceable as NO dealers are licensed under the Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922.

    Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER
    REPORT. (a) If the department receives a report under Section
    46.06(e), Penal Code, from a licensed firearms dealer under the
    Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, that
    a person prohibited from possessing a firearm has attempted to
    acquire a firearm, the department shall initiate an investigation.

    Thousands of people get denied. This would result in DPS opening thousands of investigations.
     

    toddnjoyce

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    A complete disaster of a law.

    (e) A licensed firearms dealer under the Brady Handgun ...

    It is unenforceable as NO dealers are licensed under the Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922.



    It’s amazing the difference a comma makes. But that’ll get caught.
     

    Renegade

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    It’s amazing the difference a comma makes. But that’ll get caught.

    Dealers are not licensed under Brady or even 922.

    Not sure how they can enforce it as neither an FFL or FBI is required to reveal the results of NICS check to the popo.
     

    V-Tach

    Watching While the Sheep Graze
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    When people are denied, some are actually Felon and otherwise prohibited people for what ever reason. Some are just damn unlucky enough to have a very common name and misidentified. I had an LEO in uniform get denied. Sold him firearms in the past w/o a hitch.......Took him a year to get it straightened out. He now has an LTC (even though he had said in the past and I quote) "Law enforcement officers don't need an LTC"....

    He saw the light.....Charles Smith is a common name.....

    Even when Felons are denied (and lied on the 4473)......no follow up, no contact, no arrest. The current laws are not being enforced.....nor can they be effectively. So why have laws that are not and cannot be enforced?

    Getting the DPS involved would be a catastrophic failure.....
     

    45tex

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    When people are denied, some are actually Felon and otherwise prohibited people for what ever reason. Some are just damn unlucky enough to have a very common name and misidentified. I had an LEO in uniform get denied. Sold him firearms in the past w/o a hitch.......Took him a year to get it straightened out. He now has an LTC (even though he had said in the past and I quote) "Law enforcement officers don't need an LTC"....

    He saw the light.....Charles Smith is a common name.....

    Even when Felons are denied (and lied on the 4473)......no follow up, no contact, no arrest. The current laws are not being enforced.....nor can they be effectively. So why have laws that are not and cannot be enforced?

    Getting the DPS involved would be a catastrophic failure.....

    Can't speak to today but I retired under the original CCW law. The requirements to train and qualify annually with your former department made getting a CCW a much better
    deal. Qualify every 4 years. Some dependents didn't want to "deal" with no longer sworn ex-employees
     

    Southpaw

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    And what of appeals? If I recall, I've read of guys right here in Texas getting denied only to have it overturned on appeal, however that process wasn't an overnight affair. So what would DPS do then?
     

    dogbone

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    And what of appeals? If I recall, I've read of guys right here in Texas getting denied only to have it overturned on appeal, however that process wasn't an overnight affair. So what would DPS do then?

    Besides waste time and resources by duplicating the investigation done in the NICS appeal process?
     

    BRD@66

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    Is there a way to find out what budget impacts these bills have? Or do they even have to consider that when they come up with these bills?
    In the distant past, DPS was required to write a "fiscal impact" statement for each proposed bill. The way it typically was handled, was that if DPS was opposed to the bill, the FI would probably be awfully high. At very least, the operating budget and personnel requirement effects listed would be so the Department would not have to "make do" with current resources. I'm sure the fiscal impact is still required, but Joe Public may not have easy access to it.
     

    Southpaw

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    In the distant past, DPS was required to write a "fiscal impact" statement for each proposed bill. The way it typically was handled, was that if DPS was opposed to the bill, the FI would probably be awfully high. At very least, the operating budget and personnel requirement effects listed would be so the Department would not have to "make do" with current resources. I'm sure the fiscal impact is still required, but Joe Public may not have easy access to it.

    Just found this...


    https://comptroller.texas.gov/economy/fiscal-notes/2017/january/fiscal-note.php

    House Rules
    Any bill or joint resolution that authorizes or requires the expenditure or diversion of any state funds, or that has a statewide impact on local governments of the same type or class and that authorizes or diverts local funds or fees, must have attached a fiscal note signed by the director of the Legislative Budget Board.

    Senate Rules
    Senate rules require fiscal notes for all bills and joint resolutions.

    Source: Legislative Budget Board
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