The bill, titled H.B. No. 397, aims to regulate private firearm transfers in Texas by mandating that a national instant criminal background check be conducted before any such transfer can occur. It introduces a new chapter, Chapter 205, to the Business & Commerce Code, which outlines the definitions and requirements for private firearm transfers. Specifically, it prohibits individuals from selling or transferring firearms unless they are licensed firearms dealers or, if not, they must either transfer the firearm to a licensed dealer or ensure that a licensed dealer conducts a background check and verifies the recipient's legal ability to possess a firearm.

Additionally, the bill establishes that violations of these requirements will be classified as a Class A misdemeanor. Licensed firearms dealers are also given specific duties, including conducting the required background checks and notifying the seller of the results. The bill allows dealers to charge a reasonable fee for conducting these checks. The provisions of this act are set to take effect on September 1, 2025.

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