Eligibility Requirements for Gun Ownership
Texas follows the federal rules for gun ownership eligibility. These are stated in the ATF’s website and include these disqualifiers:
- Undocumented immigrants
- Convicts of felonies
- Convicts of misdemeanor domestic violence
- Unlawful users of controlled substances
Age Requirements for Gun Ownership and Purchase
For gun sales from licensed dealers, the minimum age to buy a handgun in Texas is 21. It’s 18 if the buyer is purchasing rifles or shotguns. This is based on federal law.
If buying from private sellers, the minimum age becomes 18 instead. This is because private sellers follow state (instead of federal) law. The local Texas Penal Code § 46.06(a)(2) has 18 as the minimum age for gun buyers.
Background Check Process
Background checks aren’t required for private gun sales in Texas. They’re only required for gun sales from federally licensed dealers.
When required, they’re carried out through the National Instant Criminal Background Check System (NICS). Licensed gun dealers can start the check through that system.
How to Sell a Gun in Texas
You can sell guns lawfully to both licensed dealers and private parties in Texas. A private party or seller is someone who isn’t a licensed gun dealer.
To legally sell a gun to a private party in Texas, follow the rest of the gun laws in the state. For example, don’t sell to anyone under 18 or anyone you know to be a convicted felon.
You can learn more about this in our guide for how to sell a gun in Texas.
Types of Firearms Regulated in Texas
The only firearms regulated by Texas law are machine guns and short-barreled firearms. Texas Penal Code § 46.05(a)(1) notes that such guns are lawful if registered with the ATF, however.
Open Carry Regulations
Open carry of long guns like rifles and shotguns is legal in Texas. It’s only illegal if it’s carried out “in a public place in a manner calculated to alarm,” as per Texas Penal Code § 42.01(a)(8).
Texas also allows open carry of handguns as long as the handgun is holstered and the person is at least 21 years old. See Texas Penal Code § 42.15(b)(6).
Concealed Carry Laws
Permitless concealed carry is legal in Texas for those aged 21 and older if they have the handgun in a holster. This is due to the Firearm Carry Act of 2021.
For people aged 18 to 20, a license to carry is required. This is based on a 2022 court ruling that permitted those aged 18 to 20 to seek the license to carry.
Texas CCW Reciprocity
Texas concealed carry permits are recognized by 37 other states due to reciprocity. These include Montana, Georgia, Oklahoma, and Florida.
Firearm Registration Guidelines
There is no gun registry in Texas, and thus no firearm registration in the state.
Red Flag Laws
Texas has no red flag laws.
Texas Gun Laws in Car
Texas has no prohibitions against carrying rifles or shotguns in cars. However, it forbids open carry of handguns in vehicles if they are not holstered.
Exceptions are made for certain people, including officers of the law and active members of the military.
Texas Gun Storage Laws
Texas has no gun storage laws for unattended firearms.
Texas Self Defense Laws
Texas has a Stand Your Ground law for self-defense, as seen in Texas Penal Code § 9.31(e).
Provided the following are true of you, you have no duty to retreat prior to using deadly force in the state against an assailant:
- You are in a place where you have a right to be.
- You have not provoked your attacker.
- You are not engaged in criminal activity.
Texas Penal Code § 9.42-43 also makes allowances for the use of deadly force to protect property. For instance, if someone is trying to steal something you own that cannot be recovered by other means, you may use a gun against them.
Recent Legislative Changes in Texas Gun Laws
The most recent legislative change to Texas’s gun laws was HB 1927. Also known as the Firearm Carry Act of 2021, it legalized permitless concealed carry of holstered handguns.