The bill, H.B. No. 397, introduces regulations for private firearm transfers in Texas by mandating that a national instant criminal background check be conducted before any such transfer can occur. It establishes a new chapter in the Business & Commerce Code, specifically Chapter 205, which outlines definitions and requirements for private firearm transfers. Under the new provisions, individuals may only sell or transfer firearms if they are licensed firearms dealers or if they ensure that a licensed dealer conducts a background check on the recipient before the transfer. Violating this requirement is classified as a Class A misdemeanor.

Additionally, the bill specifies the duties of licensed firearms dealers when they receive requests for background checks. Dealers are required to conduct the checks in accordance with federal law and inform the seller of the results. They are also permitted to charge a reasonable fee for conducting these checks. The law is set to take effect on September 1, 2025.

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