You can buy a pistol at 18 in Texas, but not at a gun store. Federal law bars every licensed dealer in the country from selling a handgun to anyone under 21, so the only legal route for an 18-year-old is a private sale from another Texas resident. Once you own the handgun, a 2022 federal court ruling means you can carry it in most of the same places an older Texan can. The rules federal and state governments layer on top of each other are where people get into trouble.
Why Gun Stores Won’t Sell You a Handgun
Under 18 U.S.C. § 922(b)(1), a Federal Firearms Licensee cannot sell or deliver any firearm other than a rifle or shotgun to someone the dealer knows or reasonably believes is under 21. The same provision blocks the sale of handgun ammunition.1Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts That category covers retail gun shops, pawn shops, and sporting goods stores holding a federal license. The rule has been in place since the Gun Control Act of 1968 and applies in every state.2Bureau of Alcohol, Tobacco, Firearms and Explosives. Gun Control Act of 1968
You can still walk into a licensed dealer and buy a rifle or shotgun at 18. The federal minimum age for long guns is 18. Handguns are off-limits at the counter until your 21st birthday.
The rule is under legal pressure. In January 2025, the Fifth Circuit Court of Appeals ruled in Reese v. Bureau of Alcohol, Tobacco, Firearms and Explosives that the federal under-21 handgun restriction violates the Second Amendment. Texas falls within the Fifth Circuit, so that ruling could eventually let dealers in the state sell handguns to 18-year-olds. Other circuits have reached different conclusions, and the issue may need a Supreme Court decision to settle. Until it does, most Texas dealers continue following the 21-and-over rule to avoid federal liability.
How a Private Sale Works for an 18-Year-Old
The federal restriction applies only to licensed dealers, not to private individuals. An 18-year-old in Texas can legally buy a handgun from another private citizen who also lives in Texas. No federal firearms license is involved, no background check is required, and state law does not mandate a bill of sale or any other paperwork.3Texas State Law Library. How Can I Sell My Gun to Another Person
Both sides carry legal responsibility. The seller cannot transfer a firearm to anyone they know or reasonably believe is prohibited from possessing one, and cannot sell to anyone under 18.3Texas State Law Library. How Can I Sell My Gun to Another Person As the buyer, you need to confirm the seller is also a Texas resident. Federal law prohibits private firearm transfers between residents of different states unless the transaction goes through a licensed dealer.1Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts
Buying from an online seller or a relative in another state looks appealing but hits the same wall. The firearm must be shipped to a licensed dealer in Texas, who processes the transfer. Because that dealer is an FFL, the 21-and-over age requirement kicks back in. Stick to in-state private sales.
Gifts and Inheritance
A parent or any other adult in Texas can legally give a handgun to someone 18 or older. Texas Penal Code § 46.06 prohibits giving or selling a firearm to anyone under 18, but once you reach that threshold, a gift transfer between private parties follows the same rules as any other private sale.4Texas State Law Library. Can I Gift a Gun to a Minor
Inheriting a handgun works similarly. The probate process for firearms matches the process for any other property, and an 18-year-old who is legally eligible to possess a firearm can inherit one. Federal law allows the transfer of title by inheritance to a juvenile but not possession, so a 17-year-old could be named in a will but cannot actually take the handgun until turning 18 and meeting all other eligibility requirements.5Texas State Law Library. Gifts and Inheritances
Carrying a Handgun at 18
Until 2022, Texas law flatly prohibited anyone under 21 from carrying a handgun outside their home or vehicle. A federal district court struck down the age restriction in Firearms Policy Coalition, Inc. v. McCraw, finding that keeping law-abiding 18-to-20-year-olds from carrying a handgun for self-defense violated the Second Amendment. The court enjoined Texas from enforcing the age-based ban.6GovInfo. Firearms Policy Coalition Inc v McCraw Opinion and Order
So an 18-year-old who legally possesses a handgun can now carry it in most public places in Texas. Texas adopted constitutional carry (also called permitless carry) in 2021, which lets most adults carry openly or concealed without a license. The law technically applies to those 21 and older, but following the McCraw injunction, the state no longer enforces the age floor against 18-to-20-year-olds who are otherwise legally eligible.
The Texas Department of Public Safety also began processing License to Carry applications for 18-to-20-year-olds after the ruling. An LTC is not required, but it offers practical benefits. Some locations allow entry only with a license, and an LTC can simplify interactions with law enforcement.
Carrying in a Vehicle
Vehicle carry has its own rules that shift based on age. Under Texas Penal Code § 46.02, a handgun in “plain view” inside your vehicle is only legal if you are 21 or older, or if you hold a License to Carry and the handgun is in a holster.7State of Texas. Texas Penal Code 46.02 Unlawful Carrying Weapons An 18-year-old without an LTC needs to keep the handgun out of plain view, whether that means a glove box, console, bag, or similar location. Texas law does not require the gun to be unloaded or stored in any particular spot, just that it cannot be visible.8Texas State Law Library. Can I Carry a Gun in My Car With an LTC, you can carry in plain view inside the vehicle as long as the handgun is in a holster. Texas law does not specify the type of holster.
Where You Still Cannot Carry
Regardless of age, Texas prohibits firearms in a number of specific locations:
- K-12 schools, school-sponsored events, and school transportation vehicles. Public university campuses have a separate “campus carry” law that allows concealed carry by LTC holders, but most universities set the LTC minimum age at 21, with an exception for active-duty military members who can obtain an LTC at 18.
- Any location serving as a polling place on election day or during early voting.
- Courtrooms, court offices, and rooms where open government meetings are being held with proper notice.
- Secured areas of airports, past the security checkpoint.
- Bars and “51% establishments” that derive more than 51% of their income from on-premises alcohol sales.
- Private property posted with the proper statutory signs (30.06 for concealed carry, 30.07 for open carry).
Carrying in any prohibited location is a criminal offense. The same restrictions that apply to a 45-year-old LTC holder apply to an 18-year-old carrying under the McCraw framework. There is no special set of rules for younger adults beyond the vehicle plain-view issue.
Buying Handgun Ammunition at 18
The ammunition rules mirror the handgun purchase rules in a frustrating way. A licensed dealer cannot sell handgun ammunition to anyone under 21. The same statute that blocks the handgun sale blocks the ammo sale.1Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts Buying 9mm or .45 ACP from a gun store at 18 is not legal, even though you can legally own and carry the handgun itself.
Private ammunition sales follow the same logic as private gun sales. A private seller can transfer handgun ammunition to anyone 18 or older. The same network of private sellers, gun shows (from private sellers, not dealers), and personal contacts that makes handgun purchases possible for 18-year-olds also works for ammunition.
One practical note: some calibers are used in both handguns and rifles. The federal restriction specifically covers ammunition “other than a shotgun or rifle,” so a dealer selling rifle ammunition is not prohibited from selling to an 18-year-old. In practice, how dealers handle this varies, and many simply refuse the sale to anyone under 21 for any caliber commonly associated with handguns.
Who Cannot Own a Firearm, Regardless of Age
Being 18 is a necessary starting point, not a sufficient one. Under 18 U.S.C. § 922(g), you are prohibited from possessing any firearm or ammunition if you fall into any of these categories:1Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts
- A felony conviction (any crime punishable by more than one year of imprisonment, regardless of the actual sentence served).
- A fugitive from justice.
- A user of or someone addicted to a controlled substance.
- Adjudicated mentally defective or committed to a mental institution.
- In the United States unlawfully or on a nonimmigrant visa, with limited exceptions.
- Dishonorably discharged from the military.
- Renounced U.S. citizenship.
- Subject to a qualifying domestic violence protective order.
- Convicted of a misdemeanor crime of domestic violence.
For felony and domestic violence convictions, the federal prohibition is permanent. Texas Penal Code § 46.04 has a provision that appears to restore firearm rights five years after completing a felony sentence, but that state-level restoration does not override the federal ban. Under federal law, possession remains illegal.9Texas State Law Library. Firearms – Restrictions After a Criminal Conviction This is one of the most commonly misunderstood areas of Texas gun law. People hear about the five-year rule and assume they’re clear. They’re not, at least not under federal law.
Penalties for Trying to Shortcut the Age Rule
A “straw purchase,” having someone else buy a handgun from a dealer on your behalf, is a standalone federal crime under 18 U.S.C. § 932. It carries up to 15 years in prison and a $250,000 fine. If the firearm ends up being used in a felony, an act of terrorism, or drug trafficking, the sentence jumps to up to 25 years.10Bureau of Alcohol, Tobacco, Firearms and Explosives. Dont Lie for the Other Guy
On the Texas side, giving or selling a handgun to anyone under 18 is a state jail felony, more serious than the Class A misdemeanor that applies to transfers of other weapon types. Written parental permission can serve as an affirmative defense in some circumstances, but the defense is narrower than many people assume and does not apply to handguns in the same way under federal law.4Texas State Law Library. Can I Gift a Gun to a Minor Selling any firearm to someone you know intends to use it unlawfully, or to someone you know is a prohibited person, is a third-degree felony in Texas, punishable by two to ten years in prison. ATF actively investigates straw purchases, and a buyer who persuades a friend or family member to make the purchase puts both of them at risk of federal prosecution.