“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”…
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.
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.
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.
“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”…
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
Filed
Read first time
Referred to Homeland Security, Public Safety & Veterans' Affairs
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.