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Bill

SB 353

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

89th Legislature (2025) Introduced by Sarah Eckhardt and 1 co-sponsor

Texas would criminalize private firearm sales without federal background checks, extending NICS requirements beyond licensed dealers to individual-to-individual transfers.

Referred to State Affairs
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Bill Summary · SB 353

Legislative bill overview

SB 353 would require private firearm sellers in Texas to conduct National Instant Criminal Background Checks (NICS) before transferring firearms to buyers, mirroring the requirement already applied to licensed dealers. The bill creates criminal penalties for individuals who transfer firearms without completing the required background check.

Why is this important

Currently, Texas law only requires background checks for sales through licensed firearms dealers, not private sales—a gap that advocates argue allows prohibited persons to acquire firearms. This bill addresses that loophole, though it represents a significant expansion of federal background check requirements into private transactions, affecting millions of Texans who engage in informal firearm transfers.

Potential points of contention

  • Constitutional concerns: Opponents argue mandatory background checks on private transfers may violate Second Amendment rights and set precedent for expanding federal firearm regulations into private commerce
  • Practical enforcement challenges: Creating criminal penalties for private citizens requires tracking transactions and proving non-compliance, raising questions about enforcement mechanisms and privacy implications
  • Political ideology: This aligns with gun control advocacy priorities but conflicts with Texas's traditionally permissive firearm laws and strong Second Amendment culture, making passage unlikely in the current legislature
  • Definition ambiguity: The bill's scope regarding transfers between family members, temporary loans, and inheritance situations would require clarification to avoid unintended criminalization

Compiled from official sources — confirm details with the bill’s official record.

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