Firearm law reference

Texas Gun Laws: Complete Guide

A practical overview of Texas firearm laws affecting private sales, purchases, carrying, transportation, storage, and ownership.

Texas law generally leaves many private, in-state firearm transfers to eligible Texas residents without a state dealer-transfer mandate, but federal law, prohibited-person rules, interstate-transfer rules, NFA rules, posted notices, and location restrictions still matter.

Texas Gun Law Quick Facts

Start with the three rules most people need. The full comparison table covers the remaining purchase, carry, ownership, and restriction topics.

Minimum age to buy or carry: 18-21 depending on firearm and seller
A licensed dealer must sell a handgun to someone 21 or older but can sell a rifle or shotgun to someone 18 or older; a private, in-state sale or gift only requires the buyer to be 18, regardless of firearm type. See the handgun and rifle/shotgun comparison table below for the full breakdown. [3][18]
Permitless concealed carry: Generally yes
Texas permitless carry applies only to people who may legally possess and carry and does not override restricted-location rules. [4][10]
Open carry: Generally yes
Openly carried handguns must be in a holster, and private-property notice and restricted locations can prohibit carry. [4][8]

Swipe horizontally to read the full table.

Law	Status	What it means
Private sale background check	Generally no	Texas and federal law generally do not require a background check for an occasional private sale between eligible Texas residents. [1]
FFL required for private transfers	Generally no	In-state private transfers generally do not have to go through an FFL; interstate transfers generally do. [1][17]
Purchase permit	No general requirement	The reviewed Texas sources do not identify a state firearm purchase permit; dealer sales still follow federal requirements. [1][18]
Waiting period	No general requirement	The reviewed Texas sources do not identify a general state waiting period for firearm purchases. [1][18]
Firearm registration	No general requirement	Texas does not maintain a statewide firearm registry; NFA firearms have separate federal registration rules. [2][23]
Minimum age for private purchase	Generally 18	Texas Penal Code Section 46.06 addresses sales or gifts to children under 18, while federal law adds separate rules for dealer sales and handguns. [3][10]
Concealed carry license available	Yes	DPS still administers the Texas License to Carry program, including eligibility review, background checks, and license issuance. [9][12]
Duty to inform law enforcement	See details	License holders have display duties when asked for identification, but practical obligations can depend on license status and the encounter. [12][8]
Magazine capacity restriction	No general requirement	The reviewed Texas sources do not identify a statewide magazine-capacity limit, but federal and location-specific rules can still apply. [10][23]
Assault weapon restriction	No general requirement	The reviewed Texas sources do not identify a separate statewide semiautomatic-feature ban. [10][13]
Suppressor ownership	Federal NFA compliance	Suppressors are NFA firearms under federal law; Texas treatment must be read with federal registration and transfer rules. [23][24][10]
Short-barreled rifle ownership	Federal NFA compliance	Short-barreled rifles are regulated under the NFA and must satisfy federal registration and transfer rules. [23][24]
Red flag law	Generally no	Texas enacted an Anti-Red Flag Act effective September 1, 2025, while other protective-order laws can still affect possession. [14][4]
Safe storage or child-access law	Some requirements	Texas has a child-access statute and no statewide lost-or-stolen reporting requirement found by the Texas State Law Library. [10][6]
State preemption	Generally yes	Texas limits municipal and county firearm regulation, but local discharge, zoning, public-property, and similar rules may still matter. [13][8]
Bill of Sale requirement	No general requirement	Texas and federal law generally do not require private sellers to keep a transaction record, but a Bill of Sale can document the sale. [1][6]
Firearm owner license	No general requirement	Texas does not require a general recurring license merely to own a lawful firearm; separate rules apply to prohibited persons and NFA items. [4][7]
Castle doctrine / no duty to retreat	Yes, with conditions	Texas law presumes deadly force is reasonable when someone unlawfully and forcibly enters an occupied home, vehicle, or workplace, and a person with a right to be present who did not provoke the confrontation and is not otherwise engaged in criminal activity has no duty to retreat. [16]

Handgun and Rifle/Shotgun Rules in Texas

Texas law treats handguns differently from rifles and shotguns in a few specific places, mainly around age and public carry. Topics not listed here, such as private-sale background checks or felony-possession bans, apply the same way to both firearm types.

Topic	Handguns	Rifles & shotguns
Minimum age to buy from a licensed dealer	21	18 [3][18]
Minimum age for a private sale or gift	18 under Penal Code Section 46.06	18 under Penal Code Section 46.06Federal law does not add a separate private-sale age floor for an in-state transfer. [3][10]
Carrying in public without a license	Allowed for eligible people 21 and older under Texas permitless carry (Penal Code Section 46.02)	No license has ever been required to openly carry a rifle or shotgun in TexasPenal Code Section 46.02's unlawful-carrying-weapons offense is written specifically around handguns; confirm current statute text before relying on this for a firearm type not addressed here. [4][10]
Carrying in a vehicle you own or control	Allowed for a qualified person; a visible handgun has separate holster and eligibility conditions	The Texas State Law Library has not identified a Texas law restricting transportation of a rifle or shotgun in a vehicle [5][10]
Minimum age to buy ammunition from a dealer	21 for handgun ammunition	18 for rifle or shotgun ammunition [3][18]

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Texas Bill of Sale Find an FFL Guns for Sale in Texas

Private Firearm Sales in Texas

Quick answer

Texas generally does not require an occasional private firearm sale between eligible Texas residents to go through an FFL or a background check. Do not sell if you know, or have reason to believe, the buyer is prohibited, under 18, or a resident of another state. [1][17]

For an in-state private sale, the Texas State Law Library explains that private sellers are not required by federal law or Texas law to conduct a background check before selling a firearm. It also states that neither federal law nor Texas law requires a private seller to keep a record of the sale. [1]
Texas Penal Code Section 46.06 is central to private-sale eligibility. The Texas State Law Library summarizes it as barring sales or gifts to children younger than 18, with an affirmative-defense provision when a parent or legal custodian gives written permission for a purchase. [3][10]
Federal law is different for interstate transfers. ATF guidance says a private seller generally may transfer to an unlicensed resident of the seller's own state, but a transfer to an out-of-state resident generally must go through an FFL in the buyer's state of residence. [17]
Gifts and family transfers still require the same residency, age, and prohibited-person analysis. A family relationship does not turn an interstate transfer into an in-state transfer, and handgun transfers involving minors have additional federal limits. [3][17]
A Texas Bill of Sale is not listed by the reviewed official sources as a general legal requirement for private sales, but it can help both parties document the transaction, identity information, firearm description, and transfer date. [1][6]

Important notice: A Bill of Sale does not replace an FFL transfer, background check, purchase permit, waiting period, or other legal requirement where one applies. [1][17]

Buying a Firearm in Texas

Dealer purchases are governed by federal dealer rules. A licensed dealer generally must verify identity, run a NICS background check unless a recognized exception applies, and keep required transfer records. [18][19]
The reviewed Texas sources do not identify a general state purchase permit, waiting period, or statewide firearm registration requirement for ordinary firearm purchases. Texas does not maintain a state firearm registry, while NFA firearms have separate federal registration requirements. [2][23]
Age rules depend on the seller and firearm type. Federal law prevents licensed dealers from selling any firearm or ammunition to a person under 18 and prevents dealer handgun sales to a person under 21; Texas law separately addresses sales or gifts to children under 18. [3][18]
Out-of-state purchases must be analyzed under federal law and the laws of both states. ATF guidance says a person generally acquires firearms in the person's own state, with limited exceptions such as over-the-counter rifle or shotgun purchases from a licensee when allowed by both states. [17]
One of those limited exceptions covers rifles and shotguns: federal law lets a licensed dealer sell a rifle or shotgun to a resident of any other state (not just a state bordering Texas) if the buyer appears in person and the sale complies with the law of both states. A dealer generally cannot sell a handgun to someone who does not reside in Texas, so an out-of-state driver's license or ID alone does not qualify a nonresident to buy a handgun from a Texas dealer. [21][17]

Firearm Ownership and Possession

Texas does not impose a general owner license or identification-card requirement in the reviewed official sources, but possession is restricted for prohibited persons and certain situations under state and federal law. [4][7]
Federal law lists specific categories of people who cannot lawfully receive or possess a firearm, including anyone convicted of a crime punishable by more than a year in prison, a fugitive from justice, an unlawful user of or someone addicted to a controlled substance, a person adjudicated as mentally defective or committed to a mental institution, someone unlawfully in the United States, a person dishonorably discharged from the armed forces, a person who renounced U.S. citizenship, and a person subject to certain domestic-violence protective orders or convicted of a misdemeanor crime of domestic violence. [21]
Texas Penal Code Section 46.04 restricts firearm possession by people with felony convictions, certain assault-family-violence convictions, and certain protective orders. The Texas State Law Library notes that federal law can remain stricter than Texas law for felony convictions. [7][10]
Minors are treated separately. Texas Penal Code Section 46.06 addresses transfers to children under 18, and federal law has additional handgun and handgun-ammunition restrictions for juveniles. [3][10]
Homes, rental property, vehicles, and workplaces can involve different rules. For example, Texas has vehicle-carry rules and separate workplace parking-lot statutes, while private property owners can still control possession on their premises through lawful notice or policy. [5][8]

Carrying a Firearm in Texas

Texas permitless carry does not mean a person may carry anywhere. The Texas State Law Library explains that, after the 2021 change, some people who may legally possess and carry no longer need an LTC to carry a handgun in public. [4]
Eligibility can depend on age, criminal history, protective orders, intoxication, and firearm type. Texas law sets a 21-year age requirement for permitless handgun carry, but the State Law Library notes a 2022 federal court ruling affecting enforcement against 18-to-20-year-olds based solely on age. [4][10]
The License to Carry program remains available. DPS administers the program under Government Code Chapter 411, evaluates eligibility with criminal-history checks, and says HB 1927 did not repeal the LTC program. [9][12]
A License to Carry is renewed through the same DPS online application system used for a new license, and DPS lists discounted renewal fees for people who qualify under a special-condition status. Because renewal windows, fees, and any late-renewal consequences can change, confirm the current renewal deadline and requirements on the DPS licensing and registration page before a license expires. [22][12]
Open carry of a handgun generally requires a holster when the handgun is partially or wholly visible. Restricted locations, private-property notices, campus rules, and signs under Penal Code Sections 30.05, 30.06, and 30.07 can change where carry is allowed. [4][8][11]
Texas Government Code Section 411.205 addresses display of a License to Carry and identification when a license holder is carrying a handgun and a magistrate or peace officer demands identification. Because Texas also has permitless carry, obligations can depend on whether the person is carrying under an LTC or without one. [12][4]
Carry reciprocity changes too often for this guide to maintain a state-by-state list. DPS is the responsible source for Texas LTC benefits and reciprocity information. [9][8]

Self-Defense and the Castle Doctrine in Texas

Quick answer

Texas law presumes deadly force is reasonable when someone unlawfully and forcibly enters your occupied home, vehicle, or workplace, and a person with a right to be present who did not provoke the confrontation and is not otherwise engaged in criminal activity has no duty to retreat before using force. A criminal-law justification is not a guarantee against a civil lawsuit. [16]

The Texas Constitution, Article 1, Section 23, protects the right to keep and bear arms for lawful defense of the person or the State, while allowing the Legislature to regulate the wearing of arms to prevent crime. [15]
Penal Code Section 9.31 (self-defense) and Section 9.32 (deadly force in defense of person) generally justify using force, and in some cases deadly force, when and to the degree the actor reasonably believes it is immediately necessary. Both sections include a legal presumption that the actor's belief was reasonable if someone unlawfully and forcefully entered, or attempted to enter, the actor's occupied habitation, vehicle, or place of business or employment. [16]
Texas does not impose a general duty to retreat before using force or deadly force on a person who had a legal right to be present at the location, did not provoke the person against whom force was used, and was not otherwise engaged in criminal activity at the time. [16]
Chapter 9 also addresses using force to protect property, including limited circumstances where deadly force to protect property may be justified under Sections 9.41 and 9.42, which carry their own strict conditions. [16]

Important notice: Penal Code Section 9.06 states that a justification under Chapter 9 does not abolish or impair a civil remedy for the same underlying conduct. Being legally justified in a criminal case does not guarantee protection from a civil lawsuit, and every self-defense situation is fact-specific and high-stakes. Get individualized legal advice before relying on any of this content in an actual confrontation. [16]

Transporting Firearms in Texas

A qualified person may carry a handgun in a motor vehicle or watercraft owned by the person or under the person's control. If the handgun is in plain view, Texas sources identify holster and age or license conditions. [5][10]
The Texas State Law Library says it has not found Texas laws restricting transportation of a rifle or other long gun in a motor vehicle or watercraft, and it has not found a Texas rule requiring a gun in a vehicle to be unloaded. [5]
Interstate travel is separate. 18 U.S.C. 926A protects certain transportation between places where the person may lawfully possess and carry, but the firearm must be unloaded and not readily accessible under the statute's conditions. [20]

Important notice: Federal safe-passage protection has specific conditions and may not prevent every enforcement dispute in a restrictive state or locality. Check the destination state and each state you enter. [20]

Restricted Firearms and Accessories

The reviewed Texas sources do not identify a statewide magazine-capacity limit or separate semiautomatic-feature ban. That does not remove federal requirements or restrictions tied to prohibited persons, locations, or criminal use. [10][13]
Suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, and other NFA firearms are regulated under federal law. ATF explains that NFA firearms require federal registration and approved making or transfer processes. [23][24]
Machine guns have an additional federal limit: ATF guidance explains that civilian transfer or possession is generally limited to machine guns lawfully possessed before May 19, 1986, plus government-related exceptions. [23]
Texas enacted S.B. 1362, known as the Anti-Red Flag Act, effective September 1, 2025. The act restricts recognition, service, and enforcement of extreme risk protective orders as defined in that act, while preserving specified protective-order categories. [14]
Penal Code Chapter 46's definition of "firearm" excludes an antique or curio firearm manufactured before 1899, and a replica of one, as long as the replica does not use rimfire or centerfire ammunition. Confirm a specific item's classification before assuming this exclusion applies. [10]

Safe Storage and Firearms Around Minors

Texas Penal Code Section 46.13 addresses making a firearm accessible to a child. The rule is not a general storage mandate for every home, but it can create criminal liability when a child gains access under the statute's conditions. [10]
The Texas State Law Library says it has not located a Texas law requiring a gun owner to report a lost or stolen firearm. It still recommends contacting local law enforcement to make a report. [6]
School property, school activities, vehicles at schools, and other sensitive places can involve separate rules. Review the restricted-location rules before storing or transporting a firearm near a school or other restricted site. [10][5]

Where Firearms May Be Restricted

Texas Penal Code Section 46.03 identifies places where weapons are prohibited, including schools, polling places, courts, secured airport areas, certain alcohol-related premises, correctional facilities, and other listed locations. [10][8]
The alcohol-related premises restriction is a partial ban, not a blanket one: it applies to a business holding a permit or license under Alcoholic Beverage Code Chapters 25, 28, 32, 69, or 74 that derives 51 percent or more of its income from on-premises alcohol sales, as determined by the Texas Alcoholic Beverage Commission. A restaurant that derives most of its revenue from food is generally not covered by this specific rule, though it may still exclude firearms through its own posted notice. [10]
Penal Code Section 46.11 increases the punishment for a weapons offense committed within 300 feet of the premises of a school, or on premises where an official school function or a University Interscholastic League event is taking place, subject to the section's own exceptions. [10]
Private property owners may exclude firearms by giving legally effective notice. DPS explains that Penal Code Sections 30.06 and 30.07 apply to concealed and open carry by license holders, and Section 30.05 can matter for other firearm notice. [8][11]
Rules can depend on license status, whether a firearm is concealed or openly carried, the exact posted notice, whether the place is public or private property, and whether federal property is involved. [8][4]

Local Firearm Laws and State Preemption

Texas generally preempts many municipal and county firearm regulations, including rules about transfer, private ownership, keeping, transportation, licensing, and registration. Local Government Code Section 229.001 is the core preemption statute for firearms, air guns, archery equipment, knives, and ammunition; the preemption statutes have exceptions and should be read directly. [13]
Local rules can still matter for firearm discharge, zoning, public property, emergency management, parks, sport-shooting ranges, employment settings, and other specific conduct. State preemption should not be read as a promise that city or county rules never apply. [13][8]

Before Completing a Private Firearm Sale in Texas

Confirm that both parties are Texas residents for an in-state private sale. [1][17]
Verify the buyer's identity and age, and do not proceed if the buyer is under 18 unless a clearly applicable exception has been reviewed. [3][1]
Do not proceed if you know or have reason to believe the buyer is prohibited from receiving or possessing firearms. [1][7]
Check whether federal law requires an FFL, especially for any interstate transfer or shipment. [17]
Confirm that the firearm and any accessories are lawful for the buyer to receive and possess, including NFA items. [23][10]
Consider completing a Bill of Sale to document the transfer, while remembering it does not replace any required legal step. [1]
Use an FFL when the law requires it or either party is uncertain. [1][17]

Official Texas Firearm Law Resources

Texas Penal Code Chapter 46

Primary Texas weapons statute covering unlawful carry, prohibited locations, prohibited possession, unlawful transfer, and child access.

Texas Legislature

Texas DPS Handgun Licensing

Official state licensing source for Texas License to Carry administration and handgun carry guidance.

Texas Department of Public Safety

Texas State Law Library Gun FAQs

Plain-English Texas government legal FAQs on private sales, registration, age, carry, vehicles, and lost or stolen firearms.

Texas State Law Library

ATF Firearms Questions and Answers

Federal transfer, dealer, interstate, and NFA guidance for firearm owners and licensees.

Bureau of Alcohol, Tobacco, Firearms and Explosives

FBI NICS

Federal background-check system used by licensed dealers for firearm transfers.

Federal Bureau of Investigation

18 U.S.C. 926A

Federal interstate firearm transportation statute, including unloaded and accessibility conditions.

Office of the Law Revision Counsel

Texas Gun Law FAQ

How old do you have to be to buy a gun in Texas?

It depends on the firearm and seller. A licensed dealer cannot sell any firearm to someone under 18 or a handgun to someone under 21. Texas separately restricts selling or giving a firearm to a child under 18, subject to a limited parental-permission defense.

[3][10]

Is Texas an open carry state?

Generally yes for an eligible person, but open carry is not allowed everywhere. A handgun that is partially or wholly visible must be in a holster, and restricted locations, private-property notice, intoxication rules, and other disqualifiers still apply.

[4][10][11]

Can I carry a handgun in my car in Texas at 18?

Age 18 alone does not answer every vehicle-carry question. Texas law sets age conditions for a handgun carried in plain view, and a federal court ruling affects enforcement of the general carry-age restriction against 18-to-20-year-olds. Eligibility, holster use, criminal history, and whether the handgun is visible all matter; obtain legal advice for a specific situation.

[5][4][10]

Do you need a license to carry a handgun in Texas?

Not always. Texas generally allows permitless handgun carry for eligible people, but the rule does not apply to everyone or every location. The optional Texas License to Carry program remains available and can provide additional benefits.

[4][9]

How do you get a Texas License to Carry?

The Texas Department of Public Safety administers the LTC program, evaluates applicant eligibility through criminal-history checks, and licenses qualified applicants under Government Code Chapter 411. Use the current DPS application and training guidance because requirements can change.

[9][12]

How do you buy a gun in Texas?

The process depends on whether the seller is a licensed dealer or a private person, the buyer's age and residency, and the firearm type. Dealer purchases generally require identification, federal transfer records, and a NICS check unless an exception applies.

[18][19][3]

How do you transfer gun ownership or sell a gun in Texas?

Texas does not maintain a general firearm registry to update after an ordinary transfer. An occasional in-state private sale or gift between eligible Texas residents generally does not require an FFL or a state bill of sale, but a seller must not knowingly transfer to a prohibited person, and an interstate sale generally must go through an FFL in the buyer's state.

[2][1][17]

Can a person with a felony conviction own a gun in Texas?

Texas and federal restrictions must both be considered. Texas Penal Code Section 46.04 contains limited state rules for possession after a felony conviction, but federal law may remain more restrictive. A person should obtain individualized legal advice before possessing any firearm.

[7][10]

Do you have to register a gun in Texas?

Generally no for ordinary firearms. Texas does not maintain a statewide firearm registry, but firearms regulated by the National Firearms Act have separate federal registration and approval requirements.

[2][23]

What guns are illegal in Texas?

There is no safe one-line list because legality can depend on the firearm's configuration, federal registration, the possessor, and the location. Machine guns, suppressors, short-barreled firearms, destructive devices, and other NFA items require careful federal and state analysis.

[10][23][24]

Does Texas have a waiting period to buy a gun?

The reviewed Texas sources do not identify a general state waiting period. A dealer transfer still depends on completion of the federal background-check process and any other applicable legal requirement.

[1][18]

Do private gun sales require a background check in Texas?

Generally no for an occasional private sale between eligible Texas residents. Dealer-facilitated and interstate transfers follow different federal rules, and a seller must not transfer to someone the seller knows or has reason to believe is prohibited.

[1][17]

Is the minimum age to buy a gun in Texas different for handguns and rifles?

Yes, when the seller is a licensed dealer. Federal law sets a 21-year minimum for a dealer handgun sale but only an 18-year minimum for a dealer rifle or shotgun sale. Texas's own age rule for a private sale or gift, tied to Penal Code Section 46.06, is 18 regardless of firearm type. See the handgun and rifle/shotgun comparison table for the full breakdown.

[3][18]

Do I need a license to carry a rifle or shotgun in Texas?

No. Texas's licensing and permitless-carry rules for public carry are built around handguns, and the Texas State Law Library has not identified a state license requirement to carry a rifle or shotgun. Restricted-location rules, private-property notice, and prohibited-person rules still apply regardless of firearm type.

[4][10]

What disqualifies someone from owning a gun in Texas?

Federal law bars firearm possession for people with a felony conviction, a fugitive-from-justice status, unlawful controlled-substance use or addiction, certain mental-health commitments, unlawful immigration status, a dishonorable discharge, renunciation of U.S. citizenship, certain domestic-violence protective orders, or a misdemeanor domestic-violence conviction. Texas Penal Code Section 46.04 adds a state-law overlay for felony convictions, certain family-violence convictions, and certain protective orders. Both layers apply at once, so a person should confirm current eligibility before acquiring a firearm.

[21][7][10]

Can I buy a gun in Texas with an out-of-state ID?

It depends on the firearm. A Texas dealer generally cannot sell a handgun to someone who does not reside in Texas. For a rifle or shotgun, federal law lets a dealer sell to a resident of any other state if the buyer appears in person and the sale complies with the law of both states, so an out-of-state ID alone does not block that purchase. A private, in-state sale between eligible Texas residents follows different rules than a sale to a nonresident.

[21][17][1]

How do you renew a Texas License to Carry?

Through the same DPS online application system used for a new LTC. DPS lists discounted renewal fees for applicants who qualify under a special-condition status. Renewal windows, fees, and any consequence of letting a license lapse can change, so confirm current requirements on the DPS licensing and registration page before the license expires.

[22][12]

Sources

Educational information only, not legal advice.

GunList does not provide legal advice and does not guarantee that this guide covers every law, exception, court ruling, or local ordinance. Laws and court orders can change quickly. Verify current requirements through official government sources or consult a qualified attorney before possessing, carrying, buying, selling, or transporting a firearm, or before relying on any self-defense or castle-doctrine provision.

Reading or using this guide does not create an attorney-client relationship with GunList, and GunList disclaims liability for any loss or harm arising from reliance on this content. A criminal-law justification for using force does not guarantee protection from civil liability; use-of-force outcomes are fact-specific and high-stakes, so consult a qualified attorney before acting.