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Texas Gun Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Texas Gun Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Texas Gun Laws

Permitless Carry in Texas

In 2021, the Texas legislature passed a new law approving permitless carry, also known as constitutional carry. Signed by Texas Governor Greg Abbott, this law allows a person who does not have a concealed carry license to carry a gun in public, provided they are not prohibited by state or federal law from possessing a firearm.

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Comparison with Other States

In other states, including neighboring New Mexico and Colorado, the law requires a person to apply for a license, submit their fingerprints, complete firearms safety training, and pass a background check before the state authorizes them to carry a concealed weapon. In states like Texas, people operate on the honor system. If they engage in the carrying of firearms when it’s illegal, they may face prosecution at a later date.

Handgun Licensing Program

Texas still maintains its handgun licensing program through the Texas Department of Public Safety. One benefit of getting the state’s license to carry (LTC) permit relates to reciprocity agreements with other states. Eligibility requirements are outlined below.

Firearms Prohibited Locations

Even with permitless carry, Texans must adhere to laws that ban firearms in certain public places. Some locations where guns are prohibited include:

  • Schools, colleges, and universities
  • Polling places (while voting is taking place)
  • Courts and court offices
  • Racetracks
  • Secure areas of an airport
  • Correctional facilities
  • Certain businesses that serve alcohol
  • Hospitals and nursing facilities
  • Mental hospitals
  • Amusement parks
  • Government meeting rooms

Certain exceptions may apply for active-duty military and law enforcement officers. Private property owners can also ban firearms on their premises, but they may need to place signage to notify customers or visitors.

Overview of Texas Gun Control Laws

Relevant Texas Gun Control Laws

Penal Code

  • Title 7 — Offenses Against Property
  • Chapter 30 — Burglary and Criminal Trespass
  • Criminal Trespass — Section 30.05
  • Trespass by License Holder with a Concealed Handgun — Section 30.06
  • Trespass by License Holder with an Openly Carried Handgun — Section 30.07
  • Title 10 — Offenses Against Public Health, Safety, and Morals
  • Chapter 46 — Weapons (Sections 46.01 through 46.15)
  • Definitions — Section 46.01
  • Unlawful Carrying Weapons — Section 46.02
  • Places Weapons Prohibited — Section 46.03
  • Unlawful Carrying of Handgun by License Holder — Section 46.035
  • Unlawful Possession of Firearm — Section 46.04
  • Prohibited Weapons — Section 46.05
  • Unlawful Transfer of Certain Weapons — Section 46.06
  • Penalty if Offense Committed in Weapon Free School Zone — Section 46.11
  • Making a Firearm Accessible to a Child — Section 46.13
  • Non-applicability — Section 46.15

Texas Government Code

  • Title 4 — Executive Branch
  • Chapter 411 — Department of Public Safety of the State of Texas, License to Carry Handgun (Sections 411.171 through 411.209)
  • Eligibility — Section 411.172
  • Nonresident License — Section 411.173
  • Application — Section 411.174
  • Issuance or Denial of License — Section 411.177
  • Handgun Proficiency Requirement — Section 411.188
  • Qualified Handgun Instructors and Approved Online Course Providers — Section 411.190
  • Carrying of Handguns by License Holders on Certain Campuses — Section 411.2031
  • Transportation and Storage of Firearms and Ammunition by License Holders in Private Vehicles on Certain Campuses — Section 411.2032
  • Wrongful Exclusion of Handgun License Holder — Section 411.209

Note that a federal court ruled that the restriction for handgun possession only to those 21 years of age and older violates the Second Amendment. The state has withdrawn its appeal of this ruling.

Illegal Arms

The following firearms and ammunition are generally prohibited in Texas:

  • Explosive weapons
  • Machine guns
  • Short-barrel firearms
  • Armor-piercing ammunition
  • Zip guns

Exceptions apply for antiques and curios, machine guns, and short-barrel firearms properly registered with the ATF under federal law.

Waiting Period

Texas has no waiting period to purchase a firearm.

Who May Not Own Firearms

Texas prohibits firearm possession under the following circumstances:

  • A person convicted of a felony may not have a firearm before the fifth anniversary of their release from confinement or supervision under community supervision, parole, or mandatory supervision. After five years, a person convicted of a felony may only possess a firearm at their living premises.
  • A person convicted of certain domestic violence misdemeanor offenses may not have a firearm before the fifth anniversary of the person’s release from confinement or supervision.
  • A person with an active protection order (other than a peace officer) cannot have a firearm while the order is active.
  • A person found to be a gang member under Texas law cannot have a firearm in a motor vehicle or watercraft.

There are more legal restrictions for possession of firearms under federal law.

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License Required

No. Texas does not require a license to own a firearm.

Concealed Carry License Required

No. Texas does not require that a person first get a license to carry (LTC) permit before carrying a concealed firearm. But, it remains against the law for a prohibited person to possess or carry a firearm.

Open Carry Allowed

Texas generally allows the open carry of long guns throughout the state. However, the crime of disorderly conduct prohibits displaying any firearm in a public place in a “manner calculated to alarm.”

Open carry of handguns is allowed under certain circumstances. If not otherwise prohibited from firearm possession, you may carry a handgun in a public place if it remains concealed or holstered.

There is an exception for college campuses. Under Texas’ campus carry laws, a person with a valid LTC permit may carry a concealed firearm onto a college campus. However, college boards have the right to pass restrictions on such carrying of firearms. Public institutions may restrict but can’t outright ban permit holders from carrying firearms on campus. Private institutions may restrict and even ban permit holders from carrying firearms on campus.

Eligibility for a Concealed Carry License

In Texas, a person is eligible for a license to carry (LTC) permit if they:

  • Are a legal resident of Texas for the six months preceding the application date or are eligible for a nonresident license
  • Are at least 21 years old (with certain exceptions for those ages 18–20)
  • Have not been convicted of a felony
  • Are not charged with a Class A or Class B misdemeanor or an equivalent offense, disorderly conduct, or a felony
  • Are not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense
  • Are not a chemically dependent person
  • Are not incapable of exercising sound judgment on the proper use and storage of a handgun (which may include evidence of mental illness, incompetency, or insanity)
  • Have not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or disorderly conduct
  • Are fully qualified under applicable federal and state law to buy a handgun
  • Have not been finally determined delinquent in making a child support payment
  • Have not been finally determined delinquent in the payment of taxes
  • Are not restricted under a court protective order or subject to a restraining order affecting the spousal relationship other than a restraining order solely affecting property interests
  • Have not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony
  • Have not made any material misrepresentation or failed to disclose any material fact in an application submitted pursuant to Section 411.174

Note that a federal court has ruled that the restriction for handgun possession only to those 21 years of age and older violates the Second Amendment. The state has withdrawn its appeal of this ruling.

Machine Gun Laws

Possessing, manufacturing, transporting, repairing, or selling a machine gun is illegal in Texas unless the machine gun is registered in compliance with federal law.

Penalties for Illegal Firearm Possession

In Texas, illegal firearm possession can be a misdemeanor or a felony, depending on the type of weapon and where the weapon is.

  • Unlawful carrying of a handgun without a license is, under most circumstances, a Class A misdemeanor, punishable by up to one year in jail, a fine of up to $4,000, or both.
  • Unlawful carrying of a handgun without a license at a place where alcohol is sold is a felony of the third degree, punishable by two to 10 years imprisonment, a fine of up to $10,000, or both.
  • Possession of an illegal firearm is a felony of the third degree, punishable by two to 10 years imprisonment, a fine of up to $10,000, or both.
  • Unlawful possession of a firearm after a felony conviction is a felony of the third degree, punishable by two to 10 years imprisonment, a fine of up to $10,000, or both.
  • Possession of a firearm on a property with a conspicuously posted sign notifying that firearms are prohibited on the premises is a Class C misdemeanor punishable by a fine not to exceed $200. However, it can become a Class A misdemeanor when the person refuses to leave. This law has exceptions and defenses that may apply.

Penalties for Illegal Possession on or Near School Grounds

It is illegal to intentionally or knowingly have a firearm on school grounds, school buses, or property where there is a school activity. Exceptions may apply related to storage and motor vehicle rules for a carrier with a valid handgun license or when the school’s written regulations allow a person to have a weapon. Illegal possession on school grounds is a felony of the third degree, punishable by two to 10 years imprisonment, a fine of up to $10,000, or both.

Places Where Possession of a Firearm is Prohibited

  • Bars and other places that derive more than 51% of sales from alcohol
  • Schools and school sporting events, unless the firearm is used in the event
  • Polling places
  • Correctional facilities
  • Civil commitment facilities
  • Licensed hospitals, unless authorized in writing
  • Licensed mental hospitals, unless authorized in writing
  • Amusement parks
  • Racetracks
  • A room where there is an open governmental meeting if notice was provided
  • Secure areas of airports

Red Flag Law

No. Texas does not have a law that allows a court to remove guns from a person found to be a risk of physical harm to self or others.

State Gun Laws