Federal law requires background checks for gun sales by licensed dealers in Texas. However, Texas law does not mandate background checks for private or non-dealer gun sales.
You can learn more in our review of the Texas gun laws. If your main concern is the background check itself, you can also just read on.
Overview of Background Checks in Texas
Are They Required?
The State of Texas doesn’t require background checks on gun buyers. It doesn't even require gun sale records or a bill of sale.
Because private sellers only have to follow state laws in this area, private gun sales in Texas don’t need the check.
Federally licensed gun dealers have to follow the federal law mandating the check from them, however. That's why they run checks on their buyers.
Eligibility
To pass a gun buyer background check in Texas, you must be at least 18 years old if buying a rifle or shotgun and at least 21 years old if buying a handgun.
You must also not be on the state and federal lists for persons prohibited from owning guns. For example, you can’t be a convicted felon or illegal alien.
Timeframe
Background checks for firearm sales can be as short as a few minutes and as long as several days. The typical duration is 3 business days.
Appeal Process
If your gun purchase is denied by a background check, follow this appeal process:
- Request the reason for denial www.fbi.gov/nics-appeals.
- With your request, provide these:
- Your complete name
- Your complete mailing address
- Your NICS Transaction Number or State Transaction Number
- Wait for the Appeal Services Team (AST) to reply, often within 5 business days.
- Challenge the cause of the denial cited by the AST with relevant proof:
- If the cause is an incorrect record, provide official government documentation to correct it.
- If the cause is a mistaken identity, provide official proof of your identity, including rolled fingerprints from law enforcement.