Monitoring the Session

HB 432

Goodwin Firearm Bill Requires Asking For A Check, Nothing More

Died in committee

Verdict: Smells

SmellsInitial review
Rep. Vikki GoodwinDHouse 47
Why it's charged
The hole

THE TEXT

“before delivering the firearm to the person to whom the firearm is being sold or transferred, the person selling or transferring the firearm requests that a licensed firearms dealer conduct”…

Bill text, introduced version (I)

The duty is only to request a check before delivery. Nothing in this text bars handing over the gun after a failed result, so the screening the caption implies has no stopping point in the bill itself.

The hole

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

Request the check before delivery. Buyer fails? Nothing in the text stops the sale!

The bill makes it an offense to sell or give a firearm to another person unless the seller is a licensed dealer, sells to a dealer, transfers to a close family member, or first asks a licensed dealer to run a federal instant background check on the buyer. It touches private gun owners who sell or give guns to non-family members, and the licensed dealers who must run the check when asked and may charge a reasonable fee. Starting September 1, 2025, a private seller who skips the check faces a Class A misdemeanor, though the text only requires asking for the check and getting the result, not stopping the sale if the buyer fails.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 236 (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 236 (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-HB432 · 2024-11-12

SOLD BY

ITEM

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

WHAT IT DOES

Request the check before delivery. Buyer fails? Nothing in the text stops the sale!

The bill makes it an offense to sell or give a firearm to another person unless the seller is a licensed dealer, sells to a dealer, transfers to a close family member, or first asks a licensed dealer to run a federal instant background check on the buyer. It touches private gun owners who sell or give guns to non-family members, and the licensed dealers who must run the check when asked and may charge a reasonable fee. Starting September 1, 2025, a private seller who skips the check faces a Class A misdemeanor, though the text only requires asking for the check and getting the result, not stopping the sale if the buyer fails.

CHARGES

[x] THE HOLEanalysis confidence 45%

THE TEXT

“before delivering the firearm to the person to whom the firearm is being sold or transferred, the person selling or transferring the firearm requests that a licensed firearms dealer conduct”…

Bill text, introduced version (I)

The duty is only to request a check before delivery. Nothing in this text bars handing over the gun after a failed result, so the screening the caption implies has no stopping point in the bill itself.

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Homeland Security, Public Safety & Veterans' Affairs
FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

R Stephen McNally$144,000Donald H Henley$109,000Donald Henley$108,500

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.

R Stephen McNally$144,000.00
Donald H Henley$109,000.00
Donald Henley$108,500.00
Money

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

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 236

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

Introduced text

Last action, Apr 19, 2023: Left pending in committee

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 4:19 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 (identical)

Subjects

Weapons

CRIMINAL RECORDS

Text

The text as introduced · 403 words

89R1393 AJZ-D

By: Goodwin
H.B. No. 432

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;

(B) the transferor and the transferee are related

within the first degree by consanguinity or affinity as determined

under Chapter 573, Government Code; or

(C) before delivering the firearm to the person

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

or transferring the firearm requests that a licensed firearms

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

national instant criminal background check to verify 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)(C),

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.