A Texas resident can legally own a gun if they meet the age thresholds and are not disqualified by criminal history, mental health adjudications, substance use, or immigration status. Rifles and shotguns are available to adults 18 and older; handguns from a licensed dealer require you to be 21. Ownership itself is broad in Texas, but federal prohibitions sit on top of state law and can disqualify someone the state would otherwise allow.
Age Thresholds for Buying and Possessing
Federal law sets the floor at licensed dealers: no handgun sales under 21, no long gun sales under 18.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Private sales between individuals who aren’t licensed dealers are treated differently under federal law, which only bars private handgun transfers to anyone under 18 and places no federal age limit on private long gun transfers. Texas closes that gap by prohibiting anyone from selling, giving, or otherwise transferring any firearm to a person under 18.2Giffords Law Center to Prevent Gun Violence. Minimum Age to Purchase and Possess in Texas
If you’re under 21 and buying from a dealer, expect a longer background check. Since 2022, the National Instant Criminal Background Check System must contact state and local agencies to look for disqualifying juvenile and mental health records. If something surfaces that warrants more investigation, the dealer cannot complete the sale until NICS clears you or 10 business days pass, whichever happens first.3Federal Register. Bipartisan Safer Communities Act of 2022 and Consolidated Appropriations Act of 2022 Implementation At 21 and up, the standard NICS check applies and Texas adds no waiting period.
Who Is Prohibited From Owning a Gun in Texas
Texas and federal law each maintain their own list of prohibited possessors. Where they conflict, federal law controls. That matters because Texas law in several areas is more forgiving than the federal rule, and residents who rely only on state law can end up in federal trouble.
Felony Convictions
Under Texas Penal Code 46.04, a convicted felon cannot possess a firearm at all for five years after release from confinement or community supervision, whichever is later. After that five years, possession is allowed only at the premises where the person lives. Possession anywhere else remains a third-degree felony punishable by two to ten years in prison.4State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
Federal law has no such window and no home-premises carve-out. Anyone convicted of a crime punishable by more than one year in prison is barred from possessing any firearm, anywhere, for life.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A Texas felon who keeps a shotgun at home five years after release may be in the clear under state law and still face federal prosecution. This gap catches people off guard more than almost any other issue in Texas gun law.
Domestic Violence Convictions and Protective Orders
Texas prohibits possession for five years after release from confinement or supervision for anyone convicted of a Class A misdemeanor assault involving a family or household member. Anyone subject to certain family-violence protective orders under the Texas Family Code cannot possess a firearm while the order is in effect. Violating either is a Class A misdemeanor.4State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
Federal law reaches further. A conviction for any misdemeanor crime of domestic violence is a lifetime possession ban, not a five-year one. A qualifying protective order, issued after a hearing with notice and an opportunity to participate and either containing a credible-threat finding or expressly prohibiting force against an intimate partner, triggers its own federal possession ban.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Mental Health and Substance Use
Federal law prohibits possession by anyone who has been formally adjudicated as mentally incompetent or committed to a mental institution. The trigger is a court or administrative finding, not a voluntary hospital stay.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
The federal rule on controlled substances recently shifted. In January 2026, ATF finalized a revised definition of “unlawful user” that requires evidence of regular and recent use over an extended period, so an isolated incident no longer meets the threshold. Someone taking a lawfully prescribed controlled substance, even with slight deviations from the physician’s instructions, is not an unlawful user under the new rule.5Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance Marijuana is still a federally controlled substance regardless of state legalization, and regular use remains disqualifying.
Non-Citizens
Federal law prohibits possession by anyone in the United States illegally and by most nonimmigrant visa holders.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Narrow exceptions exist, the most common being a nonimmigrant who holds a valid state hunting license. To purchase a handgun from a licensed dealer under that exception, the buyer must also show 90 continuous days of residency in the state of purchase.6GovInfo. Nonimmigrant Aliens Purchasing Firearms and Ammunition in the United States – ATF Publication 5300.18 Lawful permanent residents (green card holders) can purchase and possess firearms on the same terms as U.S. citizens.
How a Purchase Works
At a licensed dealer, you fill out ATF Form 4473, which asks for identification, residency, and a series of eligibility questions covering felonies, domestic violence, drug use, mental health adjudications, and immigration status.7Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record Revisions Lying on the form is a federal crime. The dealer runs the NICS check, and if it comes back “proceed,” you can take the firearm home that day. Texas imposes no waiting period.
Private sales between individuals require no background check under Texas or federal law. The seller still commits a crime if they know or have reason to believe the buyer is prohibited. Buying a gun on someone else’s behalf because they can’t legally buy it themselves, known as a straw purchase, carries up to 15 years in federal prison, or up to 25 if the gun is meant for use in a felony or drug trafficking offense.8Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms
What Kinds of Firearms Texans Can Own
Standard handguns, rifles, and shotguns are legal with no state registration. Semi-automatic rifles, including AR-15-style and semi-automatic AK-pattern rifles, are treated the same as any other rifle under both state and federal law.
NFA-Regulated Items
The National Firearms Act regulates machine guns, short-barreled rifles (barrels under 16 inches), short-barreled shotguns (barrels under 18 inches), suppressors, and destructive devices. To legally own one, you register it on the National Firearms Registration and Transfer Record and pay a one-time $200 transfer tax.9Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act
Texas state law is narrower than many residents assume. Penal Code 46.05 prohibits only unregistered machine guns and explosive weapons. Short-barreled rifles, short-barreled shotguns, and suppressors were removed from the Texas prohibited weapons list in recent years. Federal NFA registration still applies to all of them.10State of Texas. Texas Penal Code 46.05 – Prohibited Weapons Possessing an unregistered machine gun is a third-degree felony under Texas law and a separate federal offense.
Machine Guns and Conversion Devices
Civilian ownership of machine guns is limited to those manufactured and registered before May 19, 1986. Federal law closed the civilian market to any new machine guns after that date, so pre-1986 registered guns are legal but very expensive given the fixed supply.9Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act Devices that convert a semi-automatic rifle to fully automatic, such as drop-in auto sears, switches, and lightning links, are classified as machine guns themselves and are illegal to possess without proper NFA registration.
Carrying What You Own
Since September 1, 2021, Texas has allowed permitless handgun carry for anyone 21 or older who is legally eligible to possess a firearm. No license is needed to carry a handgun openly or concealed in most public places.11Texas Legislature Online. 87th Legislature HB 1927 – Firearm Carry Act of 2021 Unlawful carry by someone under 21 who is not at their own home or in their vehicle is a Class A misdemeanor. If a person already prohibited from possessing a firearm carries a handgun, the charge becomes a second-degree felony with a minimum five-year sentence.12State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons
Places Where Firearms Are Always Off-Limits
Permitless carry is not carry-anywhere. State law prohibits firearms in specific locations whether or not you hold a license:
- Public and private K-12 schools, school-sponsored activities, and school transportation
- Polling places during any election or early voting period
- The premises of any government court or court offices
- Secured airport areas beyond the security checkpoint
- Bars and businesses that earn 51 percent or more of their revenue from on-premises alcohol sales (identified by a red “51%” sign)
- Correctional and civil commitment facilities
- Hospitals and nursing homes, unless the facility’s administration authorizes it in writing
- Amusement parks
Violations are typically a third-degree felony at the more serious locations (courts, schools, airports) and a Class A misdemeanor elsewhere.
Posted Private Property
Private businesses and property owners can ban firearms by posting legally compliant signs. A Section 30.06 sign prohibits concealed handguns; a Section 30.07 sign prohibits openly carried handguns. Carrying past a properly posted sign is a Class C misdemeanor with a fine of up to $200. If the owner verbally tells you to leave and you refuse, the charge can be enhanced to a Class A misdemeanor.13Texas Department of Public Safety. Laws That Relate to Carrying a Handgun FAQs
Storing Guns Around Children
Texas Penal Code 46.13 makes it a crime to leave a loaded firearm where a child under 17 can gain access, if the owner was criminally negligent in failing to secure it. The offense is normally a Class C misdemeanor and becomes a Class A misdemeanor if a child discharges the firearm and causes death or serious bodily injury.14State of Texas. Texas Penal Code 46.13 – Making a Firearm Accessible to a Child The statute does not require a specific storage device. A locked safe or trigger lock is the straightforward way to avoid liability.
Inheriting Firearms
Firearms pass through estates like other personal property, but the executor has a legal obligation to confirm the heir is eligible to possess a firearm before transferring one. If the heir has a felony conviction, domestic violence record, or any other disqualifying condition, the gun cannot lawfully be handed over.
NFA items like machine guns and suppressors require a federal transfer on ATF Form 5, which allows tax-exempt registration to a lawful heir and waives the $200 transfer tax.15Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Tax Exempt Transfer and Registration of Firearm – ATF Form 5 The heir still has to be legally eligible, and the ATF must approve the transfer before the heir takes possession. If the executor and heir live in different states, a transfer of standard firearms generally has to go through a licensed dealer to satisfy federal interstate transfer rules.
A Note on Taking Guns Out of State
Legal ownership in Texas does not automatically mean legal possession elsewhere. Federal law offers a safe-passage provision at 18 U.S.C. ยง 926A for transit through more restrictive states if the firearm is unloaded, not readily accessible from the passenger compartment, and stored separately from ammunition. In a vehicle with no trunk, it must be in a locked container other than the glove box or center console.16Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms The protection applies only during transit and only when possession is legal at both the start and end of the trip. Before traveling to a state like New York or California, check that state’s rules; Texas’s permitless carry does not cross state lines, and a Texas License to Carry is not honored everywhere.