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.

Similar Bills

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TX HB1365

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TX SB2027

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VA HB1871

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NJ A4220

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TX SB1459

Relating to prohibiting certain private transfer fees and the preservation of private real property rights; providing penalties.

TX HB8

Relating to prohibiting certain private transfer fees and the preservation of private real property rights; providing penalties.

TX HB3403

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