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.