HB2190 "Gun Show Bill"

[mr1337]

I just want to point out that even though this is an awful bill, it doesn't actually do anything. I know the INTENT was to make it so any private party sales at a gun show must go through a NICS background check, but I looked at the wording.

Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN
SHOWS. (a) A person commits an offense if the person knowingly
sells a firearm to another person in exchange for money or other
consideration at a gun show without complying with the National
Instant Criminal Background Check System in the manner required by
18 U.S.C. Section 922 before completing the sale.

The thing is, 18 USC 922 doesn't require private parties to conduct background checks for gun sales. So therefore, by not conducting a background check, you are still complying with 18 USC 922. In my opinion, it only applies to FFL's, who are already federally required to comply with NICS per 18 USC 922. Maybe they're trying to make it a state punishable offense?

In other words, NICS is only required by FFL's, therefore if you're not a FFL, there's nothing required of you in order to comply.

Anyone else agree, or think I'm analyzing it wrong?

[suthdj]

I would disagree, because it does not say to follow that code but to do a check as explained in the code, does that make since?

[mr1337]

But it says "in a manner required by 18 USC 922" - but since a NICS check isn't required for private sales in 18 USC 922, the level of requirement to run a NICS check for a private sale is none. You're not required to run a NICS check in that federal law. "In a manner required by..." strikes me to mean that you have to follow the requirements of that law. Since there are no requirements for private parties to run background checks, you shouldn't have to run one.

Let's change the wording, but keep the structure.

"People must register firearms in a manner required by the National Firearm Act."

The National Firearms Act states that you must register certain firearms, paying a tax stamp. However, not all firearms need to be registered, just those that are explicitly laid out by that law. Does that mean I need to register a pistol that I bought? No, because that's not required by the National Firearms Act.

[G.A. Heath]

And now we see why such language is ambiguous, and potentially a legal threat. To resolve issues like being discussed here would require this bill be amended, follow up legislation if passed in it's current form, or case law to clarify what is meant by it.

[cb1000rider]

Bingo. --^