HBA-SEP H.B. 635 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 635 By: Turner, Sylvester Criminal Jurisprudence 3/19/2001 Introduced BACKGROUND AND PURPOSE The national instant criminal background check system was created to prevent certain offenders from purchasing firearms. However, when a gun is purchased from someone other than a licensed gun dealer at a gun show, no background check is performed to ensure that an offender prohibited from purchasing a firearm does not gain access to a firearm. House Bill 635 provides that it is a Class A misdemeanor if, at a gun show, a person knowingly sells a firearm to another person who is not a peace officer or a person licensed to carry a concealed handgun and fails to comply with the national instant criminal background check system before completing the sale. 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 635 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 who is not a peace officer or a person licensed to carry a concealed handgun in exchange for money or other consideration and fails to comply with the national instant criminal background check system (system) before completing the sale. The bill further provides that it is a Class A misdemeanor if a person, with criminal negligence, permits a gun show to be held on property owned by the person without providing technology necessary to connect to the system. A person who provides such technology is authorized to charge a fee. EFFECTIVE DATE September 1, 2001.