Texas: State Firearms Laws

(as of August 1995)

Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No         No
Registration of Firearm      No         No
Licensing of Owner           No         No
Permit to Carry              No         Yes

State Constitutional Provision on Firearms

"Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime." Article I, Section 23.

Possession

No state license is required to possess a rifle, shotgun or handgun.

A person who has been convicted of a felony involving an act of violence may legally possess a firearm only on his own premises.

It is unlawful to possess, manufacture, transport, repair or sell a rifle with a barrel less than 16 inches and overall length less than 26 inches or a shotgun with a barrel less than 18 inches and overall length less than 26 inches. Federal registration of the firearm by the possessor is a defense to prosecution under this section.

Purchase

It is unlawful for any person to sell, rent, loan or give a handgun to any person if the seller knows that the buyer intends to use it unlawfully. It is unlawful to knowingly sell, rent, give or offer to sell, rent or give any firearm to a person under 18 years of age, without the written consent of his parent or guardian.

It is unlawful to knowingly or recklessly sell any firearm or ammunition to any person who is intoxicated.

Carry

It is unlawful to intentionally, knowingly or recklessly carry a handgun on or about one's person, openly or concealed, without a license to carry a concealed handgun. Defenses to the above prohibition are:
  1. On one's own premises or premises under his control.
  2. While engaged in lawful hunting, fishing or other sporting activity including target shooting.
  3. Traveling.
  4. Traveling to and from a range, place of repair or other site where the type of firearm is normally used, provided the route is direct and without unreasonable delay.
  5. Peace officers other than a person commissioned by the Texas State Board of Pharmacy.
Application for a license to carry a handgun concealed is made to the Department of Public Safety. The non-refundable license fee is $140. The license is valid throughout the state for 4 years from the date of issuance. It shall specify if it is valid for a revolver or semi-auto pistol based on the proficiency certificate. The applicant must first apply for the application material to a handgun dealer, Department of Public Safety, or other entity or person approved by the Department. The applicant receives the application from the Department if he appears to be qualified for the license. The applicant then must be fingerprinted; submit photographs of self; present a handgun proficiency certificate from a qualified handgun instructor, proof of age (at least 21) and residency in Texas, and authorization to access noncriminal history records. The Department "shall issue a license to carry a concealed handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials." Eligibility requirements include no record of convictions for felonies or certain misdemeanors or mental illness. The Department must issue or deny the license within 90 days of receipt of the completed application. After January 1, 1997, it will be 60 days. The Department must be notified within 30 days of a name or address change.

It is unlawful for a handgun license holder to carry a handgun onto such places as the premises of a business where alcohol is consumed, a correctional facility, hospital, an amusement park, a place of worship, or any meeting of a governmental entity, or while intoxicated.

Antiques and Replicas

Antiques or curio weapons manufactured before 1898 are not considered firearms and are exempt from regulation.

Machine Guns

It is unlawful to possess, manufacture, transport, repair or sell a machine gun. Federal registration of the machine gun by the possessor is a defense to prosecution under this section.

Miscellaneous Provisions

It is a misdemeanor to carry a handgun except with the exceptions listed above in "Carry," but it is a felony to carry a handgun onto any premises licensed to sell or serve alcoholic beverages.

A person who commits a trespass while carrying a deadly weapon will have his conviction upgraded to a class A misdemeanor.

It is unlawful to display a firearm in a public place in a manner calculated to alarm.

It is unlawful to discharge a firearm in a public place or on or across a public road.

It is unlawful to possess, manufacture, transport, repair, or sell "handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers."

A city or town may not adopt regulations relating to the transfer, private ownership, keeping, transportation, license, or registration of firearm, ammunition, or firearms supplies.

It is unlawful to possess, manufacture, transport, repair or sell a zip gun.

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney. 

                  Compiled by:
        NRA Institute for Legislative Action
              11250 Waples Mill Road
              Fairfax, Virginia 22030

   (c)  1995, NRA Institute for Legislative Action.

NS3N1234                              Rev. 8/95