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 1, Section 23.
Texas resident, if not otherwise precluded by law, may purchase
rifles and shotguns, ammunition, reloading components, or firearms
accessories in contiguous states. It is unlawful to sell, rent, loan
or give a handgun to any person if it is known that the person
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.
state license is required to possess a rifle, shotgun or handgun.
There are restrictions on possession by a person: convicted of a
felony or a Class A misdemeanor involving the person’s family or
household; or subject to certain orders issued under the Family Code
or Code of Criminal Procedure.
person commits an offense of unlawfully carrying a weapon if the
person intentionally, knowingly, or recklessly carries a handgun on
or about his or her person unless the
is on one’s own premise or premises under the person’s control or
inside of or directly en route to a motor vehicle that is owned by
the person or under the person’s control. It is unlawful to
intentionally, knowingly or recklessly carry on or about one’s
person a handgun in a motor vehicle if the handgun is in plain view
or the person is engaged in criminal activity (other than a
misdemeanor traffic violation), prohibited
law from possessing a firearm or is a member of a street gang. A
person applying for a license to carry a concealed handgun must apply
by obtaining a request for application
from a handgun dealer, the Department of Public Safety, or any other
person approved by the department. The Department of Public Safety
shall review all applications materials and make a preliminary
determination as to whether or not the individual is qualified to
receive a handgun license. The Department will forward application
materials to qualified applicants, or send written notification with
that the preliminary review indicates the individual is not qualified
to receive a license. On receipt of the application materials a
criminal history record check is conducted by the Department of
Public Safety. The Department must issue or
the license within 60 days of receipt of the completed application.
The Department must be notified within 30 days of a name or address
change. A new license expires on the first birthday of the
licenseholder occurring after the fourth anniversary of the date of
A renewed license expires on the license holder’s birthday, five
years after the date of expiration of the previous license.
applicant must submit: a completed application form; two recent color
passport photographs; fingerprints; proof of age (at least 21); proof
of residency in Texas; a handgun proficiency certificate from a
qualified handgun instructor; an affidavit stating that applicant has
read and understands the law concerning a license to carry and the
laws on use of deadly force and that the applicant fulfills all
eligibility requirements; and an authorization to access records. The
Department shall issue a license to carry a concealed handgun to an
applicant if the applicant meets all the eligibility requirements and
the application materials. Eligibility requirements include no record
of felonies, certain misdemeanors, addictions.
Firearm laws are subject to frequent change and court interpretation.
This summary is not intended as legal advice or restatement of law.
This summary does not include federal or local laws, ordinances or
regulations. For any particular situation, a licensed local attorney
must be consulted for an accurate interpretation. YOU MUST ABIDE WITH
ALL LAWS: STATE, FEDERAL AND LOCAL.
may be reproduced. It may not be reproduced for commercial purposes,
mental illness or delinquency in child support payments or tax
person applying for a concealed carry license must successfully
complete both the classroom and range components of the handgun
proficiency course to receive a handgun proficiency certificate. The
handgun proficiency certificate must be no more than two years old
and shall specify if it is valid for a revolver or semi-auto pistol
based on the proficiency certificate.
Department will issue a license to carry only for the categories of
firearms listed on the handgun proficiency certificate. A person who
is renewing a license to carry a
handgun must renew their handgun proficiency certificate.
Department of Public Safety by rule shall establish a procedure for a
person who is a legal resident of a state that does not provide for
the issuance of a license to carry a concealed handgun, to obtain a
Texas license. A non-resident applicant is required to pay a fee for
the criminal history record check and investigation. Such permits
remain valid until expiration and can be renewed until the other
state issues a license recognized as a valid license in Texas
is unlawful for a handgun license holder to carry a handgun on the
premises of: a government court; a business that derives 51 percent
or more of its income from the sale of alcohol for on-premises
consumption; a school or educational institution, high school,
collegiate, or professional sporting event or interscholastic event
that is taking place; a hospital or nursing home; an amusement park;
a place of religious worship; a polling place on the day of an
election; a meeting of a governing body; a race track; a secured area
of an airport; a correctional facility; a correctional facility or
within 1000 feet
such, on the day of an execution; the property of another after
receiving notice that concealed handguns are forbidden on that
property. It is unlawful to possess a firearm in a penal institution.
is unlawful for a handgun license holder to carry a handgun while
intoxicated. It is unlawful for a handgun license holder to carry a
handgun and intentionally fail to
or curio guns manufactured before 1899 and replicas thereof which do
not use rim fire or center fire ammunition are not included in the
definition of “firearm” as it is used in Texas Penal Code Title
10, Chapter 46, which governs weapons.
is unlawful to possess, manufacture, transport, repair or sell a
machine gun, explosive weapon, short-barreled firearm, or silencer.
Federal registration of such an item under the
Firearms Act is a defense to this prohibition.
violation of the state’s firearms laws that occurs within 300 feet
of a school or on premises where a school function is taking place
shall result in an increased punishment.
is unlawful to display a firearm in a public place in a manner
calculated to alarm.
is unlawful to discharge a firearm in a public place or on or across
a public road.
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
principally in pistols and revolvers.
municipality may not adopt regulations relating to the transfer,
private ownership, keeping, transportation, license or registration
of firearms, ammunition, or firearms supplies.
is unlawful to possess, manufacture, transport, repair or sell a zip
gun (i.e. a device not originally a firearm that is adapted to expel
a projectile using an explosion or burning
person commits an offense if a child under 17 gains access to a
readily dischargeable firearm and the person with criminal negligence
failed to secure it or left it in a place to which the person knew or
should have known the child would gain access.
is an affirmative defense if the access was supervised by a person
older than 18 and was for hunting, sporting, or other lawful
purposes; consisted of lawful defense of people
property; was gained by entering property unlawfully; or occurred
during a time when the actor was engaged in an agricultural
municipality, county or other subdivision of the state may not bring
suit against a firearms or ammunition manufacturer, trade
association, or seller for recovery of damages resulting from, or
injunctive relief or abatement of a nuisance relating to, the lawful
design, manufacture, marketing, or sale of firearms or ammunition to
Tex. Penal Code § 46.01 et seq. and Tex. Gov’t.
§ 411.171 et seq.