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.