Monitoring the SessionSB 353
Died in committee
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 seller is only required to request a check before delivery, not to wait for the result or to stop if the buyer is denied. In the main case, a seller could ask for the check, get a failing result, and still complete the transfer without breaking this section.
The holeInitial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
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.
Skip the request, Class A misdemeanor. Buyer fails the check? The bill doesn’t say!
The bill makes it an offense for a private seller to sell or hand over a gun unless the buyer is a licensed dealer, a close family member, or the seller first asks a licensed dealer to run a federal instant background check on the buyer. Private gun owners who sell or give away firearms, and the licensed dealers who would run the checks for a reasonable fee, are the people touched. Starting September 1, 2025, skipping the check on a covered private transfer would be a Class A misdemeanor, though the text only requires that the check be requested before delivery and does not say what happens if the buyer fails it.
Labels: ZOMBIE BILL. Died 2 times: 88R SB 370 (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 SB 370 (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 13, 2024 and referred to the Senate State Affairs committee. No public hearing. The bill died.
89R-SB353 · 2024-11-13
relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.
Skip the request, Class A misdemeanor. Buyer fails the check? The bill doesn’t say!
The bill makes it an offense for a private seller to sell or hand over a gun unless the buyer is a licensed dealer, a close family member, or the seller first asks a licensed dealer to run a federal instant background check on the buyer. Private gun owners who sell or give away firearms, and the licensed dealers who would run the checks for a reasonable fee, are the people touched. Starting September 1, 2025, skipping the check on a covered private transfer would be a Class A misdemeanor, though the text only requires that the check be requested before delivery and does not say what happens if the buyer fails it.
[x] THE HOLEanalysis confidence 50%
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 seller is only required to request a check before delivery, not to wait for the result or to stop if the buyer is denied. In the main case, a seller could ask for the check, get a failing result, and still complete the transfer without breaking this section.
No fiscal note in the loaded record.
No verified beat found.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
Not tied to this bill.
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Jul 1, 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.
Missing data does not establish zero giving. Display amounts are rounded.
No floor vote loaded for this bill.
No fiscal note in the loaded record.
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Filed 2 times: 88R and 89R. Checked against 88R only.
by Sen. Eckhardt, same lead author · Died in committee · same text
Introduced textLast action, Feb 15, 2023: Referred to State Affairs
Relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.
Caption, 88R bill history
Texas Senate · Filed Nov 13, 2024
02/03/2025 S Referred to State Affairs
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
Senate committee · State Affairs · Final status: Died in committee
HB 397 by Lalani (similar)
HB 432 by Goodwin (identical)
Weapons
CRIMINAL RECORDS
The text as introduced · 404 words
89R1393 AJZ-D By: Eckhardt, Gutierrez S.B. No. 353 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.
