Texas Senate Bill SB908

Texas 2025 - 89th Regular

• Filed: 1/24/25

Caption

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.

Impact

The legislation seeks to amend existing laws in the Business and Commerce and Penal Codes, establishing specific legal frameworks around private firearm transfers, including penalties for non-compliance. By enforcing background checks, the bill is expected to close loopholes that currently exist in private sales where such checks are not mandatory. This shift is anticipated to strengthen law enforcement's ability to track firearms and reduce illegal acquisitions, thereby improving public safety.

Summary

SB908 focuses on regulating the transfer of firearms between private individuals by mandating national instant criminal background checks. Under the proposed bill, no individual shall transfer a firearm unless they are a licensed firearms dealer or the transfer is conducted through a dealer who can verify the recipient's eligibility. This aims to enhance accountability in firearm sales and potentially reduce the circulation of firearms to individuals who might not legally possess them, including those with criminal backgrounds or restraining orders against them.

Contention

While proponents argue the bill promotes necessary gun safety measures, there may be opposition based on concerns about personal freedom and the rights of gun owners. Some critics may see the requirement for background checks on private transactions as an infringement on Second Amendment rights. Additionally, there may be discussions about the challenges of implementing such checks effectively, especially concerning the potential burden on licensed dealers and their responsibilities in overseeing these transactions.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 14. Arrest Without Warrant
  • Section: 06

• Chapter 26. Arraignment
  • Section: New Section

• Chapter 27. The Pleading In Criminal Actions
  • Section: 14

• Chapter 42. Judgment And Sentence
  • Section: 0131

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section

Insurance Code

• Chapter 2002. Policy Provisions And Forms For Fire Insurance And Allied Lines, Including Residential Property Insurance
  • Section: New Section

Penal Code

• Chapter 46. Weapons
  • Section: 06