Gun laws in Texas regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Texas.
Texas is often perceived to have some of the most permissive gun laws in the United States. Since September 1, 2021, a permit is not required for a person, both residents and non-residents, 21 and over to carry a handgun either openly or concealed in most places in Texas, granted they do not have any prior felony convictions. This legislative change has raised concerns about public safety and has been met with resistance from gun safety advocates, especially in light of mass shootings in the state. Prior to this date, the Texas Department of Public Safety issued a License to Carry a Handgun to an eligible person on a shall issue basis. Texas has state preemption of gun laws, so local governments can not further restrict or regulate the possession or use of firearms. Texas does not restrict NFA weapons that are legally possessed under federal law. The state does not require background checks for private sales of firearms, as there is currently no federal requirement of background checks for sales between unlicensed individuals.
Black powder pistols and long arms are not considered to be firearms in the state of Texas, as they are federally classified as antique firearms, and thus may be freely carried either open or concealed without permit or prejudice.
Summary table Subject / law Longguns Handguns Relevant statutes Notes State permit required to purchase? No No Firearm registration? No No Assault weapon law? No No Magazine capacity restriction? No No Owner license required? No No Red flag law? No No (Also known as the Extreme Risk law.) Texas doesn't have a red-flag law, which allows for temporary firearm removal from individuals believed to be at risk of harming themselves or others. Permit required for concealed carry? N/A No Tex. Government Code § 411.172Tex. Penal Code § 46.02 Texas is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older.Permitless carry took effect on September 1, 2021. Permit required for open carry? No No Tex. Penal Code § 42.01(a)(8)Tex. Penal Code § 46.02 Handguns must be carried in a holster. Open carry on college campuses is prohibited.Permitless carry took effect on September 1, 2021. Campus carry? No Yes Tex. Government Code § 411.2031Tex. Penal Code § 46.03 May carry in parking lots, parking garages, outdoor walkways on campus.Public four-year universities and public two-year colleges must allow concealed carry in campus buildings. Universities and colleges will be allowed to designate certain sensitive areas as "gun free zones"; these are subject to legislative analysis. Castle Doctrine/Stand Your Ground law? Yes Yes Tex. Penal Code § 9.32 State preemption of local restrictions? Yes Yes Tex. Government Code § 411.209Tex. Local Government Code § 229.001Tex. Local Government Code § 236.002 NFA weapons restricted? No No Tex. Penal Code § 46.05 Peaceable Journey laws? Yes Yes Tex. Penal Code § 46.02(a)(2)Tex. Penal Code § 46.15(b)(2) Background checks required for private sales? No No Duty to inform? No Yes Tex. Government Code § 411.205 Only when one has a concealed carry permit.
Background checks and private sales Texas does not require background checks for private firearm sales, which has led to criticism from gun safety advocates. This 'gun show loophole' allows private transactions without oversight, contributing to concerns about unlicensed sales and illegal firearm trafficking.
Possession of firearms Texas has no laws regarding possession of any firearm regardless of age; all existing restrictions in State law mirror Federal law except for the prohibition of zip guns (improvised gun). A person of any age may possess a firearm such as at a firing range. Texas and Federal law only regulate the ownership of all firearms to 18 years of age or older, and regulate the transfer of handguns to 21 years or older by FFL dealers. However, a private citizen may sell, gift, lease etc. a handgun to anyone over 18 who is not felon or is a felon that is 5 years removed from felony infraction of probation or parole end date and is now a law abiding citizen. Federal law provides age limit exceptions for the temporary transfer and possession of handguns and handgun ammunition for specified activities, including employment, ranching, farming, target practice and hunting. NFA weapons other than clubs are also only subject to Federal restrictions; no State regulations exist for NFA weapons other than clubs.Texas Penal Code Sec. 46.02(a) Municipal and county ordinances on possession and carry are generally overridden (preempted) due to the wording of the Texas Constitution, which gives the Texas Legislature (and it alone) the power to "regulate the wearing of arms, with a view to prevent crime". Penal Code Section 1.08 also prohibits local jurisdictions from enacting or enforcing any law that conflicts with State statute. Local ordinances restricting discharge of a firearm are generally allowed as State law has little or no specification thereof, but such restrictions do not preempt State law concerning justification of use of force and deadly force.
In Texas a convicted felon may possess a firearm in the residence in which he lives once five years have elapsed from his release from prison or parole, whichever is later, however if the felony conviction was outside of Texas, Federal Law prohibits possession unless the gun rights of the possessor have been restored in the jurisdiction under which the felony occurred in. A convicted Felon once 5 years removed from release from prison or probation may also private purchase a firearm. Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000.
Firearms carry There is no legal statute specifically prohibiting the carry of a firearm. However, if the firearm is displayed in a manner "calculated to cause alarm", then it is "disorderly conduct". Open carry of a handgun in public had long been illegal in Texas, except when the carrier was on their own property or had lawful control over, was legally hunting, or was participating in some gun-related public event such as a gun show. The 2015 Texas Legislature passed a bill to allow concealed handgun permit holders to begin carrying handguns openly. The bill was signed into law on June 13, 2015, and took effect on January 1, 2016. On September 1, 2021, new legislation became effective which removed licensing restrictions on concealed firearms. Texas concealed carry laws underwent significant changes with the introduction of permitless carry in 2021. This allows most Texans to carry handguns without a permit, provided they are not prohibited by state or federal laws. This shift has prompted debates on public safety and the implications of more permissive gun laws.
Gun violence rates and trends Texas has seen a significant rise in firearm-related fatalities over the past two decades. According to the U.S. Centers for disease control and prevention, the firearm death rate in Texas has reached 15 per 100,000 people in 2021, marking a 50% increase since 1999. This trend is attributed to several factors, including easier access to firearms and increased violence during the COVID-19 pandemic.
License to carry The Texas handgun carry permit was previously called a "Concealed Handgun License" or CHL. This has changed on Jan 1. 2016 to LTC "License To Carry" and at the same time the laws changed to include "Open Carry". Permits are issued on a non-discretionary ("shall-issue") basis to all eligible, qualified applicants. Texas has full reciprocity agreements with 30 states, not including Vermont (which is an "unrestricted" state and neither issues nor requires permits), most of these having some residency restrictions (the holder must either be a resident of Texas or a non-resident of the reciprocal state for the Texas license to be valid in that state). Texas recognizes an additional 11 states' concealed-carry permits unilaterally; those states do not recognize Texas' own permit as valid within their jurisdiction, usually due to some lesser requirement of the Texas permit compared to their own.
The handgun licensing law spelled out the eligibility criteria that was to be met. For example, an applicant would need to be eligible to purchase a handgun under the State and Federal laws (including an age restriction of 21), however an exception was granted to active members of the military age 18 or over. A number of factors could still make a person ineligible (temporarily or permanently) to obtain a license, including:
felony convictions (permanent) and Class A or B misdemeanors (5 years, permanent in cases of domestic violence), including charges that resulted in probation or deferred adjudication; pending criminal charges (indefinite until resolved); chemical or alcohol dependency (defined as 2 convictions for substance-related offenses in a 10-year period; 10-year ban from the date of the first conviction); certain types of psychological diagnoses (indefinite until the condition is testified by a medical professional as being in remission); protective or restraining orders (indefinite until rescinded); or defaults on taxes, student loans, child support and/or other governmental fees (indefinite until resolved).]
This last category, though having little to do with a person's ability to own a firearm, is in keeping with Texas policy for any licensing; those who are delinquent or in default on State-regulated debts or court judgments are generally barred from obtaining or renewing any State-issued license (including driver licenses), as an incentive to settle those debts.
"Information regarding any psychiatric, drug, alcohol, or criminal history" is required only from new users. Renewals are required every five years, but are granted without further inquiry into or update of this information.
An eligible person wishing to obtain an LTC (formerly CHL) must take a State-set instruction course taught by a licensed instructor for a minimum of 4 hours and a maximum of 6 hours, covering topics such as applicable laws, conflict resolution, criminal/civil liability, and handgun safety, and pass a practical qualification at a firing range with a handgun. The caliber requirement was repealed on September 1, 2017. Such courses vary in cost, but are typically around $100–$125 for new applicants (usually not including the cost of ammunition and other shooting supplies; the practical qualification requires firing 50 rounds of ammunition). They may then apply, providing a picture, fingerprints, other documentation, and a $40 application fee (as of September 1, 2017; previously $140 and $70 for renewals), – active and discharged military are eligible for discounts – to the DPS, which processes the application, runs a federal background check, and if all is well, issues the permit. Permits are valid for five years, and allow resident holders to carry in 29 other states (nonresidents may carry in all but four of those), due to reciprocity agreements. Discounted LTC fees vary from $0 for active duty military (through one year after discharge), to $25 for military veterans.
As of September 1, 2019, unlicensed concealed or open carry was allowed during an evacuation following the declaration of a state of disaster, or returning after evacuation, for a period of 7 days, which may be further extended by the governor. Carrying in some otherwise prohibited locations that serve as shelters is also allowed with permission of the owner of the premises.