HB 397

bill requiring background checks on private gun transfers

Died in committee

Verdict: No flags

No flagsInitial review

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.

Caption from analyzed text · version I.

Summary

No licensed dealer involved, no sale without a federal instant check.

The bill makes it an offense to sell or transfer a gun in Texas unless the seller is a licensed dealer, the buyer is a licensed dealer, or a licensed dealer first runs a federal instant background check on the buyer. It covers every private person who sells or hands off a firearm to another person, and it puts a duty on licensed dealers to run the check when asked and report the result to the seller. Starting September 1, 2025, a private sale or transfer without that check is a Class A misdemeanor, and dealers may charge a reasonable fee for running the check.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 3089 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 3089 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.CREATES AN OFFENSE. The caption of the graded version (introduced) reads: “relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.”NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Homeland Security, Public Safety & Veterans' Affairs committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB397 · 2024-11-12

SOLD BY

Rep. Suleman LalaniDHouse 76

ITEM

relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.

WHAT IT DOES

No licensed dealer involved, no sale without a federal instant check.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

Nov 12, 2024Filed
Feb 28, 2025Read first time
Feb 28, 2025Referred to Homeland Security, Public Safety & Veterans' Affairs

FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Suleman Lalani

Donors

Texas Trial Lawyers Association PAC$38K Texas House Democratic Campaign Committee$12K TSA PAC$10K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$37,500.00

Texas Trial Lawyers Association PAC

$37,500.00

Cash: $37,500.00
Paid by others: $0.00
Total: $37,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 10, 2024 to Aug 31, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987680, 101007262, 101030846, 101036309, 101069420.

Texas House Democratic Campaign Committee$11,569.08

Texas House Democratic Campaign Committee

$11,569.08

Cash: $7,000.00
Paid by others: $4,569.08
Total: $11,569.08

Other filed descriptions $4,569.08

Also funds 9 other sitting lawmakers.

Derived recipient stock · Oct 15, 2024 to Oct 15, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team

Sources

Derived itemized flow · Feb 3, 2026 to Jun 2, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101040256, 101061992.

TSA PAC$10,000.00

TSA PAC

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 15 other sitting lawmakers.

Derived recipient stock · Oct 1, 2024 to Oct 10, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team

Sources

Derived itemized flow · Sep 23, 2025 to Oct 10, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101030846, 101072241.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Texas Trial Lawyers Association PAC

$37,500.00

Cash: $37,500.00
Paid by others: $0.00
Total: $37,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 10, 2024 to Aug 31, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987680, 101007262, 101030846, 101036309, 101069420.

Texas House Democratic Campaign Committee

$11,569.08

Cash: $7,000.00
Paid by others: $4,569.08
Total: $11,569.08

Other filed descriptions $4,569.08

Also funds 9 other sitting lawmakers.

Derived recipient stock · Oct 15, 2024 to Oct 15, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team

Sources

Derived itemized flow · Feb 3, 2026 to Jun 2, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101040256, 101061992.

TSA PAC

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 15 other sitting lawmakers.

Derived recipient stock · Oct 1, 2024 to Oct 10, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team

Sources

Derived itemized flow · Sep 23, 2025 to Oct 10, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101030846, 101072241.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 3089

by Rep. Lalani, same lead author · Died in committee · same text

Introduced text

Last action, Mar 14, 2023: Referred to Community Safety, Select

Relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

02/28/2025 H Referred to Homeland Security, Public Safety & Veterans' Affairs: Feb 28 2025 11:02AM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Homeland Security, Public Safety & Veterans' Affairs · Final status: Died in committee

Companion

SB 353 by Eckhardt (similar)

Subjects

Weapons

CRIMINAL RECORDS

Text

The text as introduced · 382 words

89R2848 AJZ-D

By: Lalani
H.B. No. 397

A BILL TO BE ENTITLED

AN ACT

relating to requiring a national instant criminal background check

in connection with private firearm transfers; creating a criminal

offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 6, Business & Commerce Code, is amended by

adding Chapter 205 to read as follows:

CHAPTER 205. REGULATION OF PRIVATE FIREARM TRANSFERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 205.001. DEFINITIONS. In this chapter:

(1) "Firearm" has the meaning assigned by Section

46.01, Penal Code.

(2) "Licensed firearms dealer" means a person who is

licensed as a firearms dealer under 18 U.S.C. Section 923.

SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS

Sec. 205.051. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER;

OFFENSE. (a) A person may not sell or otherwise transfer a firearm

to another person unless:

(1) the person is a licensed firearms dealer; or

(2) the person is not a licensed firearms dealer, and:

(A) the person sells or transfers the firearm to

a licensed firearms dealer; or

(B) before delivering the firearm to the person

to whom the firearm is being sold or transferred, the person selling

or transferring the firearm:

(i) requests that a licensed firearms

dealer conduct, in the manner required by 18 U.S.C. Section 922, a

national instant criminal background check; and

(ii) verifies that the person to whom the

firearm is being sold or transferred may lawfully possess a

firearm.

(b) A person who violates this section commits an offense.

An offense under this section is a Class A misdemeanor.

Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a

licensed firearms dealer receives a request to conduct a national

instant criminal background check under Section 205.051(a)(2)(B),

the dealer shall:

(1) in the manner required by 18 U.S.C. Section 922,

conduct the criminal background check to verify that the person to

whom the firearm is being sold or transferred may lawfully possess a

firearm; and

(2) notify the person who is selling or transferring

the firearm of the results of the criminal background check.

(b) A licensed firearms dealer who performs a national

instant criminal background check under this section may collect a

reasonable fee from the person who requests the criminal background

check.

SECTION 2. This Act takes effect September 1, 2025.