| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the duties of certain law enforcement officials under |
|
|
procedures regulating the making or transfer of firearms. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 411, Government Code, is amended by |
|
|
adding Subchapter H-1 to read as follows: |
|
|
SUBCHAPTER H-1. CERTIFICATION TO MAKE OR TRANSFER FIREARM |
|
|
Sec. 411.221. DEFINITIONS. In this section: |
|
|
(1) "Certification" means the process by which a chief |
|
|
law enforcement officer provides the certificate required by 27 |
|
|
C.F.R. Section 479.63 or 479.85 for the approval of an application |
|
|
to make or transfer a firearm. |
|
|
(2) "Chief law enforcement officer" means any law |
|
|
enforcement official the Bureau of Alcohol, Tobacco, Firearms and |
|
|
Explosives, or any of its successor agencies, identifies by |
|
|
regulation or otherwise as eligible to provide a required |
|
|
certification for the making or transfer of a firearm. |
|
|
(3) "Firearm" has the meaning assigned by 26 U.S.C. |
|
|
Section 5845(a). |
|
|
Sec. 411.222. CERTIFICATION. (a) A chief law enforcement |
|
|
officer shall provide certification not later than the 15th day |
|
|
after the date of receipt of a request for certification unless the |
|
|
chief law enforcement officer is unable to state on the certificate |
|
|
that: |
|
|
(1) the identification requirements of 27 C.F.R. |
|
|
Section 479.63 or 479.85, as appropriate, are satisfied; or |
|
|
(2) the officer has no information that: |
|
|
(A) possession of a firearm by the maker or |
|
|
transferee would violate state or local law; or |
|
|
(B) the maker or transferee would use the firearm |
|
|
for other than a lawful purpose. |
|
|
(b) If the chief law enforcement officer is unable to |
|
|
provide certification under Subsection (a), the chief law |
|
|
enforcement officer shall provide the person who requested the |
|
|
certification with a written notification of the denial, including |
|
|
the reason for the denial under 27 C.F.R. Section 479.63 or 479.85. |
|
|
Sec. 411.223. APPEAL FROM DENIAL. (a) If a chief law |
|
|
enforcement officer denies a request for certification, the person |
|
|
who requested the certification may appeal the chief law |
|
|
enforcement officer's decision to the district court of the county |
|
|
in which the person resides. |
|
|
(b) The review of the chief law enforcement officer's |
|
|
decision to deny the certification shall be by trial de novo. |
|
|
(c) If the court finds that no substantial evidence supports |
|
|
the chief law enforcement officer's determination that the chief |
|
|
law enforcement officer cannot legally make the certification, the |
|
|
court shall: |
|
|
(1) order the chief law enforcement officer to issue |
|
|
the certification; and |
|
|
(2) award court costs and reasonable attorney's fees |
|
|
to the person who requested the certification. |
|
|
Sec. 411.224. IMMUNITY FROM LIABILITY. A chief law |
|
|
enforcement officer or an employee of a chief law enforcement |
|
|
officer who, in good faith, provides a certification as described |
|
|
by Section 411.222 is immune from civil or criminal liability |
|
|
resulting from the certification. |
|
|
SECTION 2. This Act takes effect September 1, 2015. |