Hurley's Gold

HB 195 "gunshow" loopwhole

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  • Southpaw

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    Mar 30, 2009
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    Guadalupe Co.
    HB 195 calls itself a gun show loop whole plugger but they define a gun show as any sidewalk, driveway, walkway, or parking place...so just about anywhere that is not a gun store is a gun show. Then everyone must perform an insta-check background search.

    .

    Well not quite, but it's a step towards all sales eventually. According to this, the following conditions must be met whilst being on a sidewalk,driveway,walkway, parking space or event.....

    (A) three or more individuals assemble to display
    firearms or firearm components to the public; and
    (B) a fee is charged for the privilege of
    displaying the firearms or firearm components or a fee is charged
    for admission to the area where the firearms or components are
    displayed.


    A law like this is sneaky though. I can see many moderates seeing it as "reasonable" as it doesn't go as far as other laws of it's ilk in completely stopping all private sales. And I can see Fudds seeing no harm with it either, because it doesn't stop them from selling that occasional deer rifle to their neighbor.
    However, it's just a stepping stone. Eventually they will change it to "2 or more individuals" and drop (B) all together and it will be a lot easy to get it done rather then coming out and making all sales require a background check as they are doing in other states.
     
    Last edited:

    Kar98

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    Aug 8, 2016
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    DFW
    Look at Colorado for what constitutes a "gun show" there.

    [T]he entire premises provided for an event or function, including but not limited to parking areas for the event or function, that is sponsored to facilitate, in whole or in part, the purchase, sale, offer for sale, or collection of firearms at which: (a) twenty-five or more firearms are offered or exhibited for sale, transfer, or exchange; or (b) not less than three gun show vendors exhibit, sell, offer for sale, transfer, or exchange firearms.
     

    jrbfishn

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    Aug 9, 2013
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    All kinds of bad here;
    (b) 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 and the person does not maintain a record of the sale. (c) It is an exception to the application of Subsection (a) that the person to whom the firearm is sold is: (1) a peace officer; or (2) a person who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

    Without registration, how do they know:
    1: that you sold a gun.
    1.5 : had a gun to sell.
    2: sold it at a gun show
    3: sold it to a LTC holder if you don't keep records
    4: sold it to a cop
    5: what constitutes lawful record????

    Other than a 4473, there is no such thing as lawful firearm transaction records in Texas without passing at least one other law.
    Who is supposed to do the backround check and what is the cost? As far as I know, there is no means of a non-FFL holder to do it. Also, AFAIK, if an FFL in Texas does a backround check without a 4473 to go with it and the ATF contacts them for it they can be in deep shit.
    The law would be unenforceable without a universal registration of some kind.

    Very poorly thought out law to make honest people into criminals.
    Especially for something that has not been shown to be a real or actual problem to begin with.

    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk
     

    F350-6

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    HB 195 said:
    "Gun show" means a place other than a permanent
    retail store, including a driveway, sidewalk or walkway, parking
    lot, or other parking area, or an event at which:

    So private sales in the walmart bathroom will still be legal, right? It is a retail store after all.
     

    jordanmills

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    Sep 29, 2009
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    Pearland, TX
    Well not quite, but it's a step towards all sales eventually. According to this, the following conditions must be met whilst being on a sidewalk,driveway,walkway, parking space or event.....

    (A) three or more individuals assemble to display
    firearms or firearm components to the public; and
    (B) a fee is charged for the privilege of
    displaying the firearms or firearm components or a fee is charged
    for admission to the area where the firearms or components are
    displayed.


    A law like this is sneaky though. I can see many moderates seeing it as "reasonable" as it doesn't go as far as other laws of it's ilk in completely stopping all private sales. And I can see Fudds seeing no harm with it either, because it doesn't stop them from selling that occasional deer rifle to their neighbor.
    However, it's just a stepping stone. Eventually they will change it to "2 or more individuals" and drop (B) all together and it will be a lot easy to get it done rather then coming out and making all sales require a background check as they are doing in other states.
    To get around this, all they have to do is to charge a "nominal" fee for the beef jerky and cheese samples.
     

    gshayd

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    Nov 25, 2018
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    Beaumont, Texas
    All you have to do is leave the gun show meet up in a public place and do a transaction between private citizens.
     
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