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Texas Legislative Alert - Four Gun Show Bills Introduced In Austin

Tuesday, January 16, 2001

The following legislative alert was issued by the Texas State Rifle Association

-- Texas State Rifle Association Email ---

It is called gun show legislation wherein reality, it is bait and switch. To pull this off, anti- rights politicians first created the giant fraud of discovering a non existent loophole . . . the gun show loophole. The fact is, the rules are the same within a gun show as they are outside of the gun show and they have been since 1938 as amended in 1968 and again in 1986. What this really is folks is an all out attack on your individual freedom to sell and swap firearms within or outside of your family.

So far, four bills have been filed in the Texas House of Representatives that would require background checks on all firearms transactions at gun shows. There will be no individual-to-individual firearms sales at any gun show without either a Texas Concealed Carry License (CHL) or National Instant Check System (NICS) background check.

This type of legislation is a sham. There is no statistical support that background checks have any effect on reducing crime. John Lott, Jr. specifically studied this issue. The Journal of American Medical Association (JAMA) carried an article last year that reached the same conclusion. This legislation goes beyond that. The facility owner is threatened. The promoter is threatened. Individual sellers will be required to keep documentation of sales transactions. Below is the author, the bill number, and a brief description of the proposed legislation. It is still early in the session and committee hearings will be scheduled later. No Senate legislation has been filed referring to gun shows yet. Access the full text of this introduced legislation at http://www.capitol.state.tx.us/ and see what you think. Is this what you really want the legislature to pass into law?

If not, write, call, fax, or email your State Representative and your State Senator and Governor Rick Perry. Contact information is available at http://www.capitol.state.tx.us/ or by using NRA-ILA`s Write Your Reps tool.

  • HB 194 -- Author: Lon Burnam of Ft. Worth - changes the rules for firearm sales in and outside of gun shows. This would affect all firearms sales including shotguns and rifles. Any violation would be a felony and the penalty is increased if it occurs at a gun show.

  • HB 367 -- Author: Representative Juan Hinojosa of McAllen - Relates to the creation of an offense prohibiting certain firearms sales at gun shows. To purchase a firearm at a gun show a person must have a CHL or be cleared through the NICS. The penalty is a felony which would deny you the right to own firearms.

  • HB 404 -- Author: Representative Debra Danburg of Houston - Requires background checks at gun shows or anywhere near a gun show. An individual sale must be cleared through NICS, unless the purchaser is a peace officer, or has a CHL. Individuals must maintain a record the of any firearm sale. Gun show promoters must provide for NICS to be available and a charge of up to $10 can be made for background checks. A gun show promoter must give local law enforcement 30 days written notice of a gun show. There are also signage requirements.

    The consequences of Danburg`s legislation would require you to assign ownership to your gun that is for sale to the FFL dealer while the check is being done. If the potential customer does not pass the background check, you will have to be checked. If there is a glitch in the NICS system (and it does happen), you will not get your gun back.

  • HB 635 -- Author: Sylvester Turner of Houston - Relates to the creation of certain offenses concerning gun shows. Describes a gun show to include driveway, sidewalk and parking lot. Requires compliance with NICS system or a CHL. A person commits a class A misdemeanor if they permit a gun show to be held on property they own without providing technology necessary to connect to NICS system and allows for a fee to be charged for NICS.

    Copyright 2000, 2001, Texas State Rifle Association. ALL RIGHTS RESERVED. Used by permisssion. http://www.tsra.com/

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.