State lawmakers passed a bill requiring courts to report involuntary mental health hospitalizations of juveniles as part of the federal gun background check system. The law closes a gap revealed by ProPublica and The Texas Tribune in 2022.
Currently, Texas law requires county and district clerks across the state to send information on court-ordered mental health hospitalizations to the Department of Public Safety. The state’s top law enforcement agency is charged with sending those records to the FBI’s National Instant Criminal Background Check System, known as NICS. Federally licensed dealers must check the system before they sell someone a firearm.
Further heightening the importance of closing the reporting gap, Congress passed gun reform legislation in June that includes a requirement that federal investigators check state databases for juvenile mental health records. Such checks would not show many court-ordered juvenile commitments in Texas because they are not currently being reported.called on lawmakers to clarify
Pro-gun groups sought to extinguish the bill, arguing that it was a “red flag law,” a reference to laws that allow judges to order that weapons be taken from people who are deemed a threat. Leach has denied the bill represents a red flag law, arguing that it does not change any existing state or federal laws.
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