TexasCHLforum.com

KBCraig wrote:

txinvestigator wrote:Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN
1-21 SHOWS. (a) A person commits an offense if the person knowingly
1-22 sells a firearm to another person in exchange for money or other
1-23 consideration at a gun show without complying with the national
1-24 instant criminal background check system in the manner required by
2-1 18 U.S.C. Section 922 before completing the sale. A person who
2-2 conducts a criminal background check as required by this subsection
2-3 may charge a fee of not more than $10.
2-4 (b) A person commits an offense if the person knowingly
2-5 sells a firearm to another person in exchange for money or other
2-6 consideration at a gun show and the person does not maintain a
2-7 record of the sale.
2-8 (c) It is an exception to the application of Subsection (a)
2-9 that the person to whom the firearm is sold is a peace officer.
2-10 (d) An offense under Subsection (a) or (b) is a Class A
2-11 misdemeanor.

The way I read that, a non-FFL can sell a private firearm without doing the NICS since 18 U.S.C. Section 922, only requires it of FFL's.

I don't think so.

You're correct about 18 USC 922 only requiring FFL dealers to conduct the NICS check, but this state law would require all sellers to have a NICS conducted "in the manner required by" federal law.

agreed, and federal law only requires it for FFL's.

However, I would have to keep a permenant record of the sale?

It doesn't say permanent.

Right.

There's also no definition of "gun show".

There is, I just didn't inlcude it;

Section 46.01, Penal Code, is amended by adding
1-6 Subdivisions (17) and (18) to read as follows:
1-7 (17) "Gun show" means a place other than a permanent
1-8 retail store, including a driveway, sidewalk or walkway, parking
1-9 lot, or other parking area, or an event at which:
1-10 (A) three or more individuals assemble to display
1-11 firearms or firearm components to the public; and
1-12 (B) a fee is charged for the privilege of
1-13 displaying the firearms or firearm components or a fee is charged
1-14 for admission to the area where the firearms or components are
1-15 displayed.

Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN
1-21 SHOWS. (a) A person commits an offense if the person knowingly
1-22 sells a firearm to another person in exchange for money or other
1-23 consideration at a gun show without complying with the national
1-24 instant criminal background check system in the manner required by
2-1 18 U.S.C. Section 922 before completing the sale. A person who
2-2 conducts a criminal background check as required by this subsection
2-3 may charge a fee of not more than $10.
2-4 (b) A person commits an offense if the person knowingly
2-5 sells a firearm to another person in exchange for money or other
2-6 consideration at a gun show and the person does not maintain a
2-7 record of the sale.
2-8 (c) It is an exception to the application of Subsection (a)
2-9 that the person to whom the firearm is sold is a peace officer.
2-10 (d) An offense under Subsection (a) or (b) is a Class A
2-11 misdemeanor.

The way I read that, a non-FFL can sell a private firearm without doing the NICS since 18 U.S.C. Section 922, only requires it of FFL's. However, I would have to keep a permenant record of the sale?

Whoever wrote that obviously does not understand the current law. This new law would exempt peace offices from the NICS under state law, but peace officers are NOT now exempt from NICS under federal law.