KXAN: Texas counties failed 800 times to report people for firearm background checks

Across Texas, district and county clerks failed more than 800 times in recent years to report people found incompetent to stand trial to state law enforcement so they could be flagged in federal firearm background checks before purchasing a gun, according to a recent state audit.

People found incompetent to stand trial are so mentally ill they can’t participate in their own defense. When that happens, they are ordered to get mental health treatment until their competency is restored. Often, they are put on a waitlist and sit in jail until they can be sent to a state hospital for restoration. lack of probable cause.

Auditors identified 1,935 times individuals on the state hospital waitlist were required to be reported to DPS, but 43% of the time the reports weren’t made. Auditors looked at cases from September 2018 to January 2024, according to the report on Texas’ competency restoration system released in late November.

While Earp said there needs to be quality assurance that district and county clerks follow the law, she also acknowledged the rules only impact certain firearm sales.

For example, she said, private firearm sales don’t require a background check in Texas.

“If you’re just a guy, and you want to sell a gun, you’re not required to do a background check on the person who you’re selling it to,” Earp said.