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Relating to a false statement made to illegally acquire a firearm; creating a criminal offense
No significant fiscal implication to the State is anticipated.
SB 162 would stipulate that a person commits an offense if, while prohibited from possessing a firearm under state or federal law, they knowingly make a material false statement on a form that is required by state or federal law for the purchase, sale, or other transfer of a firearm and is submitted to a licensed firearms dealer. Such an offense would be a state jail felony.
While lying on a background check form for the purposes of purchasing a firearm is already a violation of federal law, the federal government has not done a stellar job of following up when purchases are rejected due to a failed background check. This bill would give the state standing to fill in the gaps where the federal government has failed. We would prefer the federal government to do a better job of enforcing its own laws. Texas Action is neutral on SB 162.