Bill > HB397

This bill introduces new regulations for private firearm transfers in Texas, requiring background checks for most non-dealer gun sales. Specifically, the bill mandates that individuals selling or transferring a firearm must either be a licensed firearms dealer or conduct a national instant criminal background check through a licensed dealer before completing the transfer. The background check, conducted under federal guidelines (18 U.S.C. Section 922), must verify that the recipient is legally allowed to possess a firearm. Licensed firearms dealers can charge a reasonable fee for performing these background checks. Violations of these requirements would be classified as a Class A misdemeanor, which typically carries potential penalties of up to one year in jail and/or a fine. The law defines a firearm using the existing definition in the Texas Penal Code and references federal licensing standards for firearms dealers. The bill is set to take effect on September 1, 2025, giving stakeholders time to prepare for the new requirements.

Military Affairs and Security

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB397