Relating to requiring a national instant criminal background check in connection with private firearm transfers; creating a criminal offense.
Impact
If enacted, SB353 would modify existing state laws regarding firearms and their transfer between private parties, imposing a new legal obligation for background checks. It will establish penalties for violations, categorizing non-compliance as a Class A misdemeanor. This change would likely affect how Texas residents engage in private firearm transactions, necessitating coordination with licensed dealers for background checks in many situations. Such an implementation represents a significant shift in the regulatory landscape for firearm transfers in Texas.
Summary
SB353 aims to enhance firearm safety in Texas by requiring a national instant criminal background check for private firearm transfers. The bill establishes new provisions under the Business & Commerce Code, specifically Chapter 205, focusing on the regulation of private firearm transfers. Under this legislation, any person wishing to sell or transfer a firearm must either be a licensed firearms dealer or comply with specified conditions to ensure a background check is conducted before the transaction is completed. This measure is positioned as a necessary step to prevent firearms from being sold to individuals who may be legally prohibited from possessing them.
Contention
The bill has the potential to evoke a range of responses from various stakeholders. Proponents argue that it will enhance public safety by ensuring that firearms do not end up in the hands of individuals who pose a danger to themselves or others. Conversely, opponents may view the requirement for background checks as an infringement on personal freedoms and gun ownership rights. The balance between ensuring public safety and respecting the rights of firearm owners is expected to be a central point of debate as the bill progresses through the legislative process.
Texas Constitutional Statutes Affected
Government Code
Chapter 573. Degrees Of Relationship; Nepotism Prohibitions
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.