Texas 2023 - 88th Regular

Texas House Bill HB236

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

If enacted, HB 236 would significantly affect the regulation of firearms in Texas, amending the Business and Commerce Code to include a new chapter dedicated to private firearm transfers. This change is intended to provide a stricter framework for monitoring such transactions, thereby aiming to prevent illegal sales and enhance accountability among private sellers. By establishing requirements for background checks, the bill could contribute to a reduction in firearm-related incidents involving individuals who are prohibited from accessing guns.

Summary

House Bill 236, introduced by Representative Goodwin, mandates that a national instant criminal background check be conducted for private firearm transfers. The legislation aims to ensure that firearms do not fall into the hands of individuals who are not legally permitted to possess them, enhancing public safety. The bill outlines specific conditions under which private sales can occur, including the option for sellers to request a background check through a licensed firearms dealer. Additionally, violators of this provision would face penalization as the violation is classified as a Class A misdemeanor.

Sentiment

The reception towards HB 236 is divided among stakeholders. Proponents, including various public safety advocates, argue that the requirement for background checks will enhance community safety and reduce the likelihood of guns being transferred to individuals with criminal backgrounds. Opponents, however, may view this as an infringement on personal freedoms and a potential burden on lawful gun ownership, expressing concerns about its implications for the rights of private sellers and gun enthusiasts.

Contention

One notable point of contention surrounding HB 236 is the balance between enhancing public safety and the rights of private individuals to sell their property without extensive oversight. While supporters maintain that background checks are a necessary step to prevent tragic incidents, critics voice concerns that the bill could lead to excessive regulation that complicates private firearm transactions. The debate over this legislation reflects broader discussions about gun control and Second Amendment rights in the United States.

Companion Bills

TX SB370

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

Previously Filed As

TX HB432

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

TX SB353

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

TX HB397

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

TX H3868

Firearms Criminal Background Checks

TX S0300

Firearms Criminal Background Checks

TX HB461

Relating to the regulation of certain firearm transfers; creating criminal offenses.

TX HB883

Relating to requiring a licensed firearms dealer to report certain sales or transfers of multiple firearms or firearm magazines to law enforcement; creating a criminal offense.

TX SB975

Relating to exempting certain private firearm transfers from the criminal background check requirement.

TX SB908

Relating to the regulation of certain firearm transfers, to the unlawful possession or acquisition of a firearm or ammunition, and to reports of lost or stolen firearms; creating criminal offenses.

TX SB7

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

Similar Bills

NJ S1461

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NJ A1315

Modifies collective statewide transfer agreement and reverse transfer agreement; establishes New Jersey Transfer Ombudsperson within Office of Secretary of Higher Education.

TX SB1559

Relating to conflicts between a protective order and certain other orders and to the transfer of a protective order.

DE HB147

An Act To Amend Title 12, Title 18, Title 25, And Title 30 Of The Delaware Code Relating To The Uniform Real Property Transfer On Death Act.

NV AB62

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VA HB1871

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MS SB2344

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MS SB2226

Youth court; revise transfer to circuit court.