Policy Report on Background Checks in Texas
Written and edited by Serena Ray
February 9th, 2024
February 9th, 2024
What is the current background check procedure in place?
According to the Brady Act set by congress in 1993, federal background checks are required by the federal bureau of information (FBI) as well as state agencies on individuals attempting to purchase a firearm from a licensed vender. Texas is not a point of contact state, meaning that firearm dealers must establish the background check by directly contacting the federal FBI, not going through a regional approach.
As of June 2023, Texas Governor Greg Abbott signed a bill requiring court clerks to report mental health commitments (such as involuntary mental health hospitalizations) of individuals sixteen and older to the Texas Department of public safety (DPS) which is now an inclusion into the federal background checks system instated in Texas. A similar bill was previously instated for adults in 2009, but this did not include kids.
Breaking down the Brady Acts
The Brady Act was passed by congress on November 1993, after multiple attempts to pass a similar federal bill were attempted between 1987-1993
- To put basically, this law requires that background checks be conducted on individuals before a firearm can be purchased by a federally licensed dealer.
- This bill also entails who is prohibited to receive a transported firearm or ship a farmarm.
- Specifically it places restrictions if the person: Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; Is a fugitive from justice; Is an unlawful user of or addicted to any controlled substance; Has been adjudicated as a mental defective or committed to a mental institution; Is an alien illegally or unlawfully in the United States; Has been discharged from the Armed Forces under dishonorable conditions; Having been a citizen of the United States, has renounced U.S. citizenship; Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; Has been convicted in any court of a misdemeanor crime of domestic violence, or; Is under indictment for a crime punishable by imprisonment for a term exceeding one year.
- Firearm transactions of unlicensed individuals is not covered in the brady acts.
What does it mean to be a licensed firearm dealer?
For individuals to be a licensed firearm dealer, they have to comply to the federally set regulations meaning they: Must be a US citizen, be at least 21 years old, be legally allowed to possess firearms, have a location for selling their firearms, ensure that any business at this location meets requirements for zoning, must not have violated the gun control act, and have not lied on your federal firearm license application. These individualls legally are allowed to sell firearms and conduct background checks under the Brady Acts.
Why are gun shows an important factor to consider when approaching this issue?
- As of current, Texas does not require background checks for firearms that are sold or traded at gun shows by private entities.
- Gun shows in Texas allow for the open selling of licensed, and often even private and unlicensed
- 4% to 9% of gun sales nationwide occur at gun shows.
- Federal law makes no distinction between gun shows and regular selling of firearms
Why is this a problem?
Unlicensed vendors who are not required to keep record of sales and purchases are permitted to sell firearms at events like gun shows, which enables them to not instate background checks. This allows firearms to be into the wrong hands, as seen directly thorough the Colombine shooter Local Action suggestions
Support action that calls for background checks on all gun sales, not just licensed ones. Follow along with organizations in Texas such as Texas Gun Sense that work directly with legislators to make action.
You can also write a letter to your local representative about this specific cause! To see further instructions with a toolkit on how to do this, view my page called “get involved."
Important links
https://giffords.org/lawcenter/state-laws/background-check-procedures-in-texas/
https://www.ojp.gov/pdffiles1/bjs/231052.pdf
https://guides.sll.texas.gov/gun-laws/background-checks