From Tara Mica, NRA-ILA regarding Texas HB 195:
Just wanted you all to know that House Bill 195, which criminalizes private firearms sales at gun shows and requires them to be conducted through licensed dealers, has been referred to the House Criminal Jurisprudence Committee. A link to committee members' emails and phone numbers can be found here: https://house.texas.gov/committees/committee/?committee=C220
Criminal Jurisprudence is chaired by a Democrat from Fort Worth who we have not been able to get a meeting with yet, which is more than a little disconcerting considering the number of bad gun bills that are being referred to her committee There are 5 Republicans and 4 Democrats on the committee. We should not take anything for granted with such a narrow margin.
Please take a look at HB 195 and consider sending a note in opposition to this measure to all members of the committee. And if you want to come to the Capitol to visit with committee members and their staff in advance of any public hearing on the measure, I'll be glad to take you around.
Some of my observations on the bill are below. Here's a link to the text of it as filed: https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB00195I.pdf#navpanes=0
Thanks,
Tara Mica
NRA-ILA State Legislative Director
* It allows an FFL who conducts a background check for a private transferor/transferee to charge a fee "in an amount equal to the cost incurred by the person to obtain the background check". Since there is no charge for dealers to access the background check system, it is unclear whether they'll be able to charge anything for their services, which will be required at gun shows under the proposed Act.
* It requires private transferors to maintain records of their firearms sales or face Class A misdemeanor charges. It's unclear what constitutes a "record of sale" (a copy of a 4473? a handwritten receipt? how much and what type of information must be documented?). Since there is a criminal penalty attached to failure to maintain one, this needs to be more specific for compliance purposes.
* As a promoter, you could face Class A misdemeanor charges if a private gun sale is conducted without a NICS check in the parking lot of your show venue!
* You would be required to provide written notice of the date, time and place of your shows to local law enforcement not later than 30 days before a show is held. Or face a Class A misdemeanor penalty.
* You would be required to conduct (which you can't) or arrange for an FFL to conduct NICS checks on "any person who purchases a firearm from another person who is not a licensed firearm dealer" at your shows. This is confusing. Many FFLs run checks for others voluntarily at shows and out in the real world. But the wording of the bill seems to outline that you could face Class A misdemeanor charges if you, as the promoter, fail to secure and arrange for a dedicated FFL to run all NICS checks for all private parties selling guns at your shows.
Just wanted you all to know that House Bill 195, which criminalizes private firearms sales at gun shows and requires them to be conducted through licensed dealers, has been referred to the House Criminal Jurisprudence Committee. A link to committee members' emails and phone numbers can be found here: https://house.texas.gov/committees/committee/?committee=C220
Criminal Jurisprudence is chaired by a Democrat from Fort Worth who we have not been able to get a meeting with yet, which is more than a little disconcerting considering the number of bad gun bills that are being referred to her committee There are 5 Republicans and 4 Democrats on the committee. We should not take anything for granted with such a narrow margin.
Please take a look at HB 195 and consider sending a note in opposition to this measure to all members of the committee. And if you want to come to the Capitol to visit with committee members and their staff in advance of any public hearing on the measure, I'll be glad to take you around.
Some of my observations on the bill are below. Here's a link to the text of it as filed: https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB00195I.pdf#navpanes=0
Thanks,
Tara Mica
NRA-ILA State Legislative Director
* It allows an FFL who conducts a background check for a private transferor/transferee to charge a fee "in an amount equal to the cost incurred by the person to obtain the background check". Since there is no charge for dealers to access the background check system, it is unclear whether they'll be able to charge anything for their services, which will be required at gun shows under the proposed Act.
* It requires private transferors to maintain records of their firearms sales or face Class A misdemeanor charges. It's unclear what constitutes a "record of sale" (a copy of a 4473? a handwritten receipt? how much and what type of information must be documented?). Since there is a criminal penalty attached to failure to maintain one, this needs to be more specific for compliance purposes.
* As a promoter, you could face Class A misdemeanor charges if a private gun sale is conducted without a NICS check in the parking lot of your show venue!
* You would be required to provide written notice of the date, time and place of your shows to local law enforcement not later than 30 days before a show is held. Or face a Class A misdemeanor penalty.
* You would be required to conduct (which you can't) or arrange for an FFL to conduct NICS checks on "any person who purchases a firearm from another person who is not a licensed firearm dealer" at your shows. This is confusing. Many FFLs run checks for others voluntarily at shows and out in the real world. But the wording of the bill seems to outline that you could face Class A misdemeanor charges if you, as the promoter, fail to secure and arrange for a dedicated FFL to run all NICS checks for all private parties selling guns at your shows.
