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    Texas

    (TX)

    Texas gun laws rated very permissive. Comprehensive guide to firearms regulations, permits, and restrictions.

    Last updated: December 27, 2025
    Rating
    5/5
    Very Permissive
    ✓
    Permitless Carry
    ∞
    No Limit
    ✓
    No AWB
    0
    No Wait
    Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Gun laws change frequently and vary by locality. Always verify current laws with official state sources or a qualified attorney before making decisions about firearms. Last researched: December 2025.

    See also: Federal gun laws that apply in every state. · Video guides for Texas gun laws →

    Texas Gun Laws in Plain English

    In Texas, you can carry a handgun openly or concealed without a permit if you are 21 or older and not prohibited from owning guns. You don't need to register your firearms or get a permit to buy them. However, you must respect '30.06' and '30.07' signs that ban carry in specific businesses. While the state is very gun-friendly, federal laws regarding schools and background checks still apply.

    Critical: Texas Gun Law Gotchas

    These are the most important things to know that could get you arrested or charged with a crime:

    • #1Constitutional Carry does NOT exempt you from the Federal Gun-Free School Zones Act (1000ft buffer). Only a TX LTC does (18 U.S.C. § 922(q)).
    • #2If you carry a handgun in your vehicle in plain view, it MUST be in a holster. Loose guns on the seat are illegal (Tex. Penal Code § 46.02).
    • #3A '51%' sign at a bar or restaurant means it is a FELONY to carry there, even with a license (Tex. Penal Code § 46.03).
    • #4Texas law allows felons to possess a gun at home 5 years after release, BUT this is still a federal felony under 18 U.S.C. § 922(g).
    • #5Campus Carry (public universities) requires a License to Carry (LTC). Permitless carry on campus is illegal (Tex. Penal Code § 46.03).
    • #6You cannot carry while intoxicated. There is no set BAC limit defined for 'intoxicated' in the carry statute, but it generally mirrors driving standards (Tex. Penal Code § 46.02).
    • #7The 'Made in Texas' suppressor law (HB 957) claims to exempt local suppressors from federal law, but the ATF will still arrest you for an unregistered NFA item.
    • #830.05, 30.06, and 30.07 signs have specific legal force. Ignoring them is a Class C or A misdemeanor depending on if you leave when asked.
    • #9You must disclose you are carrying if asked by a police officer (Tex. Gov't Code § 411.205).
    • #10Private businesses can ban carry with proper signage. You cannot force your way in.
    • #11It is a crime to leave a gun accessible to a child under 17 (Tex. Penal Code § 46.13).

    Read these carefully - they cover common mistakes that lead to felony charges.

    Common Scenarios

    Quick answers to the most frequently asked questions about Texas gun laws.

    Can I keep a gun in my car?
    Allowed. Must be in holster if in plain view.

    Tex. Penal Code § 46.02(a)(2)

    Can I defend my home?
    Texas has a castle doctrine law that presumes reasonable fear when an intruder unlawfully and forcefully enters or attempts to enter one's habitation, vehicle, or place of employment, and removes the duty to retreat in these locations.

    Tex. Penal Code § 9.32

    Can I stand my ground?
    Texas has a stand your ground law, codified in statute, which allows a person to use deadly force without a duty to retreat if they have a right to be present, have not provoked the other person, and are not engaged in criminal activity.

    Tex. Penal Code § 9.32

    Can I carry without a permit?
    Constitutional Carry (Permitless) for 21+. LTC available.

    Tex. Penal Code § 46.02(a)

    Can I carry on college campus?
    Allowed for LTC holders only. Concealed only.

    Tex. Penal Code § 46.03(a)(14)

    Can I buy a gun online?
    Legal, must ship to FFL.

    18 U.S.C. § 922(a)(2)

    Can I own a suppressor?
    Legal with NFA tax stamp. Note: TX HB 957 (Made in Texas) is preempted by federal law.

    Tex. Penal Code § 46.05(c)

    Can I own standard capacity magazines?
    None.

    No magazine limit

    Detailed Law Topics

    Comprehensive breakdown of Texas's firearms regulations by category.

    Carrying & TransportConcealed carry, open carry, vehicle carry, sensitive places

    Does FOPA safe passage apply when traveling through Texas?

    Yes.

    “entitled to transport a firearm... from any place where he may lawfully possess and carry... to any other place”
    18 U.S.C. § 926A

    Is open carry legal in Texas?

    Legal in a holster for 21+ (or 18+ with LTC).

    “A person commits an offense if the person carries a handgun... and intentionally displays the handgun in plain view of another person in a public place. It is an exception... if the handgun was partially or wholly visible but was carried in a holster.”
    Tex. Penal Code § 46.02(a-5)
    Legal

    Can I fly with a firearm from Texas?

    Checked bag, hard locked case, declared.

    “Carriage of weapons, explosives, and incendiaries by individuals”
    49 CFR § 1540.111

    Can I carry without a permit in Texas?

    Constitutional Carry (Permitless) for 21+. LTC available.

    “A person commits an offense if the person... carries... a handgun... if the person is: (1) younger than 21 years of age [unless licensed]... (2) convicted of [certain crimes]”
    Tex. Penal Code § 46.02(a)
    Constitutional Carry

    How do I get a concealed carry permit in Texas?

    Shall Issue via DPS.

    “The department shall issue a license to carry a handgun to an applicant if the applicant...”
    Tex. Gov't Code § 411.172

    Can I carry on college campus in Texas?

    Allowed for LTC holders only. Concealed only.

    “A person commits an offense if... on the physical premises of a school... unless... the person is carrying a concealed handgun and the person is licensed to carry a handgun under Subchapter H, Chapter 411”
    Tex. Penal Code § 46.03(a)(14)

    What are the school zone gun laws in Texas?

    Federal ban applies. LTC exempts you. Constitutional carry does NOT exempt you from federal 1000ft zone.

    “Federal law prohibits carry within 1000ft unless licensed by the state.”
    18 U.S.C. § 922(q); Tex. Penal Code § 46.11

    Can I keep a loaded gun in my car in Texas?

    Allowed. Must be in holster if in plain view.

    “A person commits an offense if... the handgun is in plain view, unless the person is at least 21 years of age... and the handgun is carried in a holster.”
    Tex. Penal Code § 46.02(a)(2)

    Can I carry in national parks in Texas?

    Allowed if legal in state. Buildings prohibited.

    “Shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm... if the individual is not otherwise prohibited by the law of the State”
    54 U.S.C. § 104906

    Where can't I carry a gun in Texas?

    Schools, courts, polling places, racetracks, airports (secured), bars (51%).

    “A person commits an offense if the person... possesses... a firearm... on the physical premises of a school... polling place... court... racetrack... secured area of an airport... [or] 51 percent [alcohol] business”
    Tex. Penal Code § 46.03

    How do I transport firearms in Texas?

    No specific restrictions beyond plain view/holster rule.

    “No requirement for locked containers for general transport.”
    Tex. Penal Code § 46.02
    Weapons & AccessoriesWhat you can own: rifles, magazines, suppressors, SBRs

    Are short-barreled rifles legal in Texas?

    Legal with NFA tax stamp.

    “A person commits an offense if the person... possesses... a short-barrel firearm... (c) It is a defense... that the item was registered”
    Tex. Penal Code § 46.05(a)(1)(3)

    Are ghost guns legal in Texas?

    Legal to build for personal use.

    “No requirement found in Texas Penal Code prohibiting personal manufacture.”

    Are suppressors legal in Texas?

    Legal with NFA tax stamp. Note: TX HB 957 (Made in Texas) is preempted by federal law.

    “It is a defense to prosecution... that the item was registered in the National Firearms Registration and Transfer Record”
    Tex. Penal Code § 46.05(c)

    Does Texas require firearm serialization?

    Not required for personal use.

    “No requirement found in Texas Penal Code.”
    Not Required

    Does Texas require microstamping?

    None.

    “No requirement found in Texas Penal Code.”
    Not Required

    Are muzzle devices legal in Texas?

    Legal if NFA registered.

    “A person commits an offense if the person intentionally or knowingly possesses... (6) a firearm silencer... (c) It is a defense to prosecution... that the item was registered in the National Firearms Registration and Transfer Record”
    Tex. Penal Code § 46.05(a)

    What are the assault weapon laws in Texas?

    None.

    “No definition or prohibition of 'assault weapons' in Texas Penal Code Chapter 46.”

    Does Texas have a magazine capacity limit?

    None.

    “No requirement found in Texas Penal Code Chapter 46.”

    What are the compliance methods for firearms in Texas?

    Not available

    N/A
    Ownership & PossessionRegistration, storage requirements, private transfers

    Does Texas require firearm registration?

    Prohibited by state law.

    “No requirement found in Texas Penal Code.”
    Not Required

    Does Texas require safe storage of firearms?

    No mandatory storage for all, but liability if a child gains access.

    “A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence... failed to secure the firearm”
    Tex. Penal Code § 46.13

    Does Texas have red flag laws?

    None.

    “No Red Flag law in Texas Statutes.”

    What do I need to know about bringing guns when moving to Texas?

    None.

    “No requirement found in Texas Penal Code.”

    Do I have to report a stolen gun in Texas?

    Not required.

    “No requirement found in Texas Penal Code.”
    Not Required

    How do private firearm transfers work in Texas?

    Legal without FFL.

    “No requirement to use FFL for private transfers.”
    Tex. Penal Code § 46.06

    Can I lend a firearm to a family member in Texas?

    Allowed.

    “No restriction found in Texas Penal Code.”

    Does Texas require firearm insurance?

    None.

    “No requirement found in Texas Statutes.”

    What are the child access prevention laws in Texas?

    Criminal negligence if child (<17) gains access.

    “A person commits an offense if a child gains access to a readily dischargeable firearm”
    Tex. Penal Code § 46.13
    Eligibility & ProhibitionsWho can and cannot own firearms

    Can marijuana users own firearms in Texas?

    Federal law prohibits possession. Texas does not have a specific separate statute, but enforces federal standards.

    “who is an unlawful user of or addicted to any controlled substance”
    18 U.S.C. § 922(g)(3)

    Can non-citizens own firearms in Texas?

    Illegal aliens prohibited. Legal aliens with non-immigrant visas prohibited unless exception applies (hunting license).

    “who, being an alien... is illegally or unlawfully in the United States”
    18 U.S.C. § 922(g)(5)

    Can I buy from a private seller in Texas?

    No background check required for private sales between non-prohibited individuals.

    “No state statute mandates background checks for private sales.”
    Tex. Penal Code § 46.06

    What are straw purchase laws in Texas?

    Illegal under federal law and state law if providing to a prohibited person.

    “A person commits an offense if the person... intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm... [or] to any person knowing that the person to whom the weapon is to be delivered intends to use it unlawfully”
    Tex. Penal Code § 46.06(a)(2)

    Can someone with a domestic violence conviction own a gun in Texas?

    Yes, Texas prohibits possession for 5 years after release for DV misdemeanors; Federal law prohibits for life.

    “A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement...”
    Tex. Penal Code § 46.04(b)

    How do background checks work in Texas?

    FBI NICS check for dealer sales. No state point of contact.

    “N/A - Texas is not a Point of Contact (POC) state; FFLs contact FBI NICS directly.”
    18 U.S.C. § 922(t)

    Who is prohibited from owning firearms in Texas?

    Texas law is actually LESS restrictive than federal law regarding felons (allowing possession in the home after 5 years), but federal law preempts this.

    “(a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release... (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.”
    Tex. Penal Code § 46.04

    Who is prohibited from owning firearms under federal law?

    Felons, fugitives, unlawful users of controlled substances, those adjudicated as mental defectives, illegal aliens, dishonorable discharges, and those subject to certain restraining orders.

    “It shall be unlawful for any person... who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition”
    18 U.S.C. § 922(g)
    Buying & Acquiring FirearmsHow to purchase, waiting periods, background checks

    What is the minimum age to buy a gun in Texas?

    18 for long guns (Federal/State). 21 for handguns from FFL (Federal). 18 for handguns private party (State).

    “A person commits an offense if the person... sells... to any child younger than 18 years of age any firearm”
    Tex. Penal Code § 46.06(a)(2)

    Is there a waiting period to buy a gun in Texas?

    None.

    “No requirement found in Texas Penal Code Chapter 46.”

    Does Texas have a handgun roster?

    None.

    “No requirement found in Texas Penal Code Chapter 46.”

    Do I need a permit to buy a gun in Texas?

    None.

    “No requirement found in Texas Penal Code Chapter 46.”
    Not Required

    Can I buy a gun online in Texas?

    Legal, must ship to FFL.

    “It shall be unlawful... to ship, transport, or receive any firearm in interstate or foreign commerce”
    18 U.S.C. § 922(a)(2)
    Legal

    Are there gun purchase limits in Texas?

    None.

    “No requirement found in Texas Penal Code.”

    Are there ammunition restrictions in Texas?

    Armor-piercing handgun ammunition is federally restricted. No state quantity limits.

    “A person commits an offense if the person... sells... explosive weapons [does not include standard ammo]”
    Tex. Penal Code § 46.06(a)(1)

    Can I buy a gun out of state in Texas?

    Long guns can be purchased in any state. Handguns must be transferred to a TX FFL.

    “shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located”
    18 U.S.C. § 922(b)(3)

    Do I need a background check to buy ammo in Texas?

    None.

    “No requirement found in Texas Penal Code.”
    Not Required
    Self-DefenseCastle doctrine, stand your ground, duty to retreat

    Does Texas have a castle doctrine?

    Texas has a castle doctrine law that presumes reasonable fear when an intruder unlawfully and forcefully enters or attempts to enter one's habitation, vehicle, or place of employment, and removes the duty to retreat in these locations.

    “The actor's belief that the deadly force was immediately necessary is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the deadly force was used: (A) unlawfully and with force entered, or was attempting to unlawfully and with force enter, the actor's occupied habitation, vehicle, or place of employment;”
    Tex. Penal Code § 9.32

    Is there a duty to retreat before using force in Texas?

    Texas does not impose a general duty to retreat before using deadly force, as explicitly stated in statute, provided the person meets specific conditions.

    “A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.”
    Tex. Penal Code § 9.32

    Does Texas have a stand your ground law?

    Texas has a stand your ground law, codified in statute, which allows a person to use deadly force without a duty to retreat if they have a right to be present, have not provoked the other person, and are not engaged in criminal activity.

    “A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.”
    Tex. Penal Code § 9.32

    Active Court Cases

    These legal challenges could change Texas's gun laws in the near future

    NRA v. McCraw

    21-10892

    Settled (Injunction Upheld)

    Court: 5th Circuit Court of Appeals

    Issue: Ban on 18-20 year olds carrying handguns in public

    What This Means for You:

    DPS now issues LTCs to 18-20 year olds; ban on carry for this age group struck down.

    Court DocketCase Tracking

    Paxton v. Richardson

    4:22-cv-00143

    Pending / Adverse to State

    Court: District Court

    Issue: Texas 'Made in Texas' Suppressor Law vs Federal NFA

    What This Means for You:

    Do not rely on state law to manufacture suppressors without NFA registration; ATF still enforces federal law.

    Court DocketCase Tracking

    💡 Note: Court rulings can change quickly. Always verify current status before relying on these cases.

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