Texas 2021 - 87th Regular

Texas House Bill HB118

Caption

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

Impact

The implementation of HB 118 aims to strengthen state laws surrounding gun ownership and transfer, a significant step in the broader national conversation on gun control. It focuses on ensuring that individuals who may pose a threat do not bypass current regulations by facilitating private sales without proper vetting. The bill adds a layer of regulatory oversight, compelling individuals and firearm dealers to engage in background checks that assess the legal eligibility of potential firearm recipients. It also holds violators to strict penalties, classifying infractions as Class B misdemeanors, which may contribute to more cautious practices amongst potential sellers.

Summary

House Bill 118 pertains to regulating private firearm transfers in Texas by mandating national instant criminal background checks prior to the sale or transfer of firearms. The bill establishes specific requirements for such transactions, highlighting that firearms may only be sold or transferred by licensed dealers or under certain conditions that allow for background checks to be conducted. This means that any unlicensed individual wishing to transfer a firearm must ensure that a background check occurs before the transaction can legally proceed, thereby enhancing accountability in firearm sales.

Contention

Notable points of contention surrounding HB 118 could stem from differing opinions on gun rights and the role of government in personal firearm transactions. Advocates for the bill argue that it is a necessary measure to prevent unlawful possession of firearms, while critics may view it as an infringement on Second Amendment rights or a bureaucratic burden. The requirement for background checks may also raise concerns regarding privacy and the ease of transferring firearms between private individuals, which some believe is an integral aspect of the right to bear arms.

Companion Bills

No companion bills found.

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