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General Information

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About This Guide

This guide provides information on gun laws in Texas including new Texas laws (effective 9/1/2019).

State and federal laws and rules regulate many aspects of gun ownership, use, sales, and manufacturing. Understanding this area of the law can be challenging because firearm possession and discharge come up in a variety of contexts. Since this guide is intended to be a starting point in research, it is always wise to pose specific legal questions on this topic to an attorney.

Texas Law

Below you will find references to areas of Texas law that govern use of firearms. If you find these statutes difficult to understand, you may want to look at the “Plain English” resources on this page or speak to an attorney.

·        Texas Civil Practice and Remedies Code, Chapter 125, Section 125.0015

This section, "Common Nuisance," describes the discharge of firearms as a civil nuisance.

·        Texas Parks and Wildlife Code, Chapter 62, Section 62.012

This section describes the offense of discharging a firearm across a property line while engaging in recreational shooting or hunting.

·        Texas Penal Code, Chapter 9, Subchapters C & D

Provisions within these subchapters, "Protection of Persons," and "Protection of Property" are often referred to as the "stand your ground" and "castle doctrine" laws. These statutes discuss the use of deadly force for self-defense, defense of others, and defense of property.

·        Texas Penal Code, Chapter 30, Sections 30.06 & 30.07

These statutes set out the offense of trespassing with an openly carried or concealed firearm for those who have "received notice" that firearms are prohibited on the property. These statutes also set out signage requirements for property owners who wish to restrict the carry of firearms on their property.

·        Texas Penal Code, Chapter 42, Section 42.01

This section, "Disorderly Conduct," outlines the criminal offense of discharging or displaying a firearm in certain situations.

·        Texas Penal Code, Chapter 46

This chapter, "Weapons," discusses criminal offenses related to carrying, buying, and selling firearms. It also defines firearms and other types of weapons. Sec. 46.04 discusses the unlawful possession of a firearm including restrictions on convicted felons.

Federal Law

Below you will find references to areas of Federal law that govern use of firearms. If you find these statutes difficult to understand, you may want to look at the “Plain English” resources on this page or speak to an attorney.

·        U.S. Code, Title 18, Part 1, Chapter 44

This chapter broadly regulates many aspects of sales, purchase, and possession of firearms. It primarily focuses on regulating interstate commerce by limiting most transfers except among licensed manufacturers, dealers, and importers. This chapter includes provisions enacted by the Gun Control Act of 1968 and the Brady Handgun Violence Prevention Act (1993).

·        U.S. Code, Title 26, Subtitle E, Chapter 53

This act, "Machine Guns, Destructive Devices, and Certain Other Firearms," regulates certain types of weapons such as machine guns and firearm silencers. This chapter includes provisions enacted by the National Firearms Act (1934).

·        U.S. Constitution, Second Amendment [PDF]

This section establishes the often-cited "right to bear arms."

New Texas Laws (2019)

Several new laws relating to firearms were passed in the 86th Texas Legislature (2019).

Note: Each of the new laws listed below will take effect on Sept. 1, 2019.

·        HB 121 — Relating to a defense to prosecution for the offense of trespass by certain persons carrying handguns.

Provides a defense for License To Carry holders who unknowingly enter establishments that prohibit guns with signage if the LTC holder promptly leaves the property after being asked.

·        HB 302 — Relating to the carrying, storage, or possession of a firearm or firearm ammunition by certain persons on certain residential or commercial property.

Prohibits residential lease agreements from restricting the possession of firearms by residents or their guests.

·        HB 1143 — Relating to the transportation or storage of a handgun or other firearm or ammunition by a handgun license holder in a school parking area.

Updates the Texas Education Code to prevent school districts from regulating the manner in which a licensed person's handgun, firearm, or ammunition is stored in their vehicle in a school parking area.

·        HB 1177 — Relating to carrying a handgun during a state of disaster.

Prevents citizens from being charged with a crime for carrying a handgun without a License To Carry while evacuating from a declared state or local disaster area, or while returning to that area. Also gives disaster shelters the option to accommodate evacuees with firearms.

·        HB 1387 — Relating to the number of school marshals that may be appointed to serve on a public school campus or at a private school.

Loosens restrictions on how many armed school marshals a school district or the governing body of an open-enrollment charter school may appoint.

·        HB 1791 — Relating to the carrying of handguns by license holders on property owned or leased by a governmental entity.

Updates language in the Texas Government Code related to the carrying of firearms on property owned or leased by a government entity.

·        HB 2363 — Relating to permitting certain foster homes to store firearms and ammunition in the same locked location.

Updates specifications for how foster parents may store their firearms in a foster home.

·        SB 535 — Relating to the carrying of a handgun by a license holder on the premises of certain places of religious worship.

Clarifies the Texas Penal Code to make it clear that places of worship are to be treated the same as other private property when determining whether a license holder may carry on premises.

·        SB 741 — Relating to restrictive covenants regarding firearms or firearm ammunition.

Prohibits a property owners association from prohibiting or restricting the possession, transportation, or storage of a firearm or ammunition. Also prohibits restrictions on the lawful discharge of a firearm.

Explained in "Plain English"

Because Texas and federal law may not be easy to understand, below you'll find a collection of resources that help to explain the law in "plain English."

·        Background Checks in Texas

This page describes what background check laws apply in Texas when a firearm is sold. Sales by licensed dealers and private sellers are discussed. The page is provided by the Giffords Law Center, a nonprofit devoted to promoting gun safety.

·        Bureau of Alcohol, Tobacco and Firearms FAQ

This page answers many frequently asked questions related to federal firearms licenses, background checks (NICS), and commerce.

·        Can a Felon Legally Have a Gun in Texas?

KHOU, a news station in Houston, published this article in 2017 that investigates both Texas and federal law on a felon possessing a firearm.

·        Federal Firearms Regulations Reference Guide [PDF]

Created by the Federal Bureau of Alcohol, Tobacco, and Firearms in 2005, this guide is a comprehensive compilation of important laws, regulations, and FAQs related to firearms.

·        Here's Everything You Need to Know About Texas Gun Laws (Texas Tribune, 8/6/2019)

This news article summarizes many of Texas's gun laws. It addresses purchasing and owning firearms, carrying firearms, and recent changes to state laws.

·        Most Frequently Asked Firearms Questions and Answers [PDF]

This FAQ page from the Bureau of Alcohol, Tobacco, and Firearms answers common questions about federal gun laws.

·        Second Amendment

This brief article from Wex, a project of the Legal Information Institute, explains the history of and important legal cases related to the second amendment of the U.S. Constitution. It provides links to noted cases which have shaped the legal community's understanding of the right to bear arms such as District of Columbia v. Heller (2008).

·        Texas - State Law Background

This page provides an overview of various aspects of Texas gun laws. The page links to short summaries of what Texas laws do and do not cover. The page is provided by from the Giffords Law Center, a nonprofit devoted to promoting gun safety.

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