Posted on August 14, 2015
See our Background Checks policy summary for a comprehensive discussion of this issue.
Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)
Texas is not a point of contact state for the NICS. Texas has no law requiring firearms dealers to initiate background checks prior to transferring a firearm. As a result, in Texas, firearms dealers must initiate the background check required by federal law by contacting the FBI directly.1
Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions. As a result, handgun license holders in Texas are exempt from the federal background check requirement when purchasing a handgun.2 (Note, however, that people who have become prohibited from possessing firearms may continue to hold state firearms licenses if the state fails to remove these licenses in a timely fashion.)
Texas does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See our Private Sales policy summary for a comprehensive discussion of this issue.
- Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map (last visited Aug. 14, 2015). [↩]
- Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department of Justice, Brady Law: Permanent Brady Permit Chart (Jun. 10, 2014), at: https://www.atf.gov/rules-and-regulations/permanent-brady-permit-chart. [↩]