Texas 2023 - 88th Regular

Texas Senate Bill SB370

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
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

The implementation of SB370 would significantly alter the existing landscape of private firearm transactions in Texas. It introduces a requirement previously absent for private individuals selling firearms, aiming to reduce illegal firearm transfers and enhance accountability. By classifying violations of this mandate as a Class A misdemeanor, the bill seeks to deter noncompliance through potential criminal penalties. This may influence how firearms are sold and transferred among individuals, pushing more transactions towards regulated pathways.

Summary

SB370, introduced by Senator Eckhardt, mandates a national instant criminal background check for private firearm transfers in Texas. The bill aims to enhance public safety by ensuring that firearms are only transferred to individuals legally eligible to possess them. Under this legislation, individuals engaging in private sales or transfers of firearms must either go through a licensed firearms dealer or conduct a background check through a licensed dealer if they are not a dealer themselves. This creates a legal framework for verifying the eligibility of firearm purchasers, extending beyond existing laws.

Sentiment

Discussions around SB370 have evoked a polarized sentiment among stakeholders. Supporters advocate that the increased regulation is a crucial step toward curbing gun violence and ensuring responsible gun ownership. However, opponents argue that this could infringe on individual rights and the ease of private transactions, citing concerns about potential burdens on lawful gun owners. The dichotomy of perspectives highlights the ongoing debate around gun control in Texas, equating to broader national discussions on the same issue.

Contention

The bill has sparked notable contention among legislators and the public alike. Critics have raised concerns regarding the practicality of enforcing background checks in private sales, as well as the adequacy of provisions meant to protect the rights of lawful gun owners. There is an apprehension that such regulations might foster a climate of fear among private sellers who may doubt their ability to comply without inadvertently becoming subject to penalties. Proponents, however, maintain that the regulatory measures are essential for maintaining public safety, advocating for a clear delineation of responsibilities within the firearm transfer process.

Companion Bills

TX HB236

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

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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

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NV AB62

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VA HB1871

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MS SB2344

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MS SB2226

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