To buy a gun in Texas, you show a government-issued photo ID at a licensed dealer, fill out ATF Form 4473, and pass an FBI background check that usually clears in minutes. Texas requires no permit, no registration, and no waiting period. Private sales between two Texas residents skip the background check entirely. What you’re allowed to buy, and how, depends on your age, the type of firearm, and whether the seller has a federal license.
Who Can Legally Buy
Federal law sets the minimum ages. From a licensed dealer, you must be at least 18 to buy a rifle or shotgun and at least 21 to buy a handgun.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The age-21 rule only applies to dealer sales, so an 18-to-20-year-old can legally buy a handgun through a private sale in Texas.
Regardless of where you buy, federal law prohibits you from purchasing or possessing a firearm if any of these apply:
- You have a felony conviction, meaning any crime punishable by more than one year in prison.
- You have a misdemeanor conviction involving domestic violence, or you’re subject to an active restraining order tied to an intimate partner or their child.
- You’re a current unlawful user of, or addicted to, a controlled substance.
- A court has found you mentally defective, or you’ve been committed to a mental institution at age 16 or older.
- You’re a fugitive from justice, dishonorably discharged from the military, an unlawful alien, or have renounced U.S. citizenship.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Marijuana matters here. It remains a federally controlled substance no matter what any state has legalized, so regular users are still prohibited from buying firearms. An interim federal rule effective January 22, 2026, narrowed the “unlawful user” definition to require evidence of regular, ongoing use over an extended period rather than isolated incidents.2Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance
Texas layers its own rule on top. Under Penal Code 46.04, if you have a felony conviction you cannot possess any firearm for five years after your release from confinement or supervision, whichever is later. After that, state law only allows you to keep the firearm at your residence. Federal law still prohibits felons from possessing firearms in any circumstance, so acting on the Texas exception carries real risk.3State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
Buying From a Licensed Dealer
Most Texas gun sales run through a Federal Firearms Licensee: a gun store, a sporting goods retailer, or a pawn shop. Three things happen at the counter.
First, identification. Bring a valid government-issued photo ID showing your name, current address, date of birth, and photo. A Texas driver’s license or state ID is the standard document. Active-duty military can pair a military ID with permanent change-of-station orders to establish Texas residency.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide
Second, paperwork. You fill out ATF Form 4473, the Firearms Transaction Record, at the dealer’s premises. It collects your personal information and asks a series of yes-or-no questions about the federal disqualifiers above. You sign under penalty of perjury.5Department of Justice. ATF Form 4473 – Firearms Transaction Record
Third, the check. The dealer contacts the FBI’s National Instant Criminal Background Check System. Most results come back within minutes as “proceed” or “denied.” A “delayed” response gives the FBI three business days for further research; if no final answer arrives in that window, the dealer may complete the transfer but is not required to.6Federal Bureau of Investigation. About NICS
Buyers under 21 face a longer clock. The FBI has the usual three business days for the initial check, but if the system flags a potentially disqualifying juvenile record, the window extends to 10 business days, and the dealer cannot transfer the firearm during that extended review.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Texas adds no state-level waiting period. Once NICS clears you, you walk out with the gun.
Using a Texas License to Carry to Skip the Background Check
A valid Texas License to Carry issued within the past five years qualifies as a NICS alternative under federal law. Present a current, unexpired LTC, and the dealer can complete the sale without contacting the FBI at all.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart The state already ran a thorough check when it issued the license. You still complete Form 4473; that paperwork applies to every dealer sale.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
To qualify for an LTC, you generally must be at least 21, a legal Texas resident for six months, free of felony convictions or recent Class A or B misdemeanors, and otherwise eligible under federal law. You also complete a state-approved training course and submit fingerprints.8State of Texas. Texas Government Code 411.172 – Eligibility Some 18-to-20-year-olds qualify through exceptions for active military, honorably discharged veterans, and people protected by an active protective order.9Texas Department of Public Safety. Licensing and Registration
Buying From a Private Seller
Texas does not require a background check for firearms sold between two Texas residents in a private transaction.10Texas State Law Library. How Can I Sell My Gun to Another Person No Form 4473, no NICS call, no paperwork required by law. Every federal prohibition still applies to the buyer, and knowingly selling to someone who can’t legally own a gun is a crime under both federal and Texas law.
Private sales are the only lawful route for an 18-to-20-year-old to buy a handgun in Texas. Licensed dealers are blocked from that sale by federal law; private sellers are not, as long as the buyer is at least 18.11State of Texas. Texas Penal Code 46.06 – Unlawful Transfer of Certain Weapons
Texas law doesn’t require a bill of sale, but writing one is worth the five minutes. If the firearm later shows up somewhere it shouldn’t, that document is your proof you no longer owned it. A useful bill of sale records the date, the firearm’s make, model, and serial number, the buyer’s full name and contact information, and a copy of the buyer’s Texas driver’s license or state ID. Both people keep a copy.
Buying a Gun Online
Online purchases are legal, but the firearm cannot ship to your house. Federal law requires a licensed dealer to handle the transfer. You buy from the online retailer, the retailer ships the gun to a local FFL you’ve arranged in advance, and you finish the sale at that dealer’s counter with the standard Form 4473 and background check.
Call the local dealer before you order and confirm they’ll accept the shipment; you’ll need to send their FFL information to the online seller. When the gun arrives, the dealer contacts you to come in with ID, complete the paperwork, and clear NICS. Transfer fees vary widely and typically run between $25 and $75, with home-based FFLs on the lower end and larger retailers on the higher end. Calling around before you commit can save real money.
Across state lines, the rules split by firearm type. An FFL cannot sell a handgun to someone who doesn’t reside in the dealer’s state, so a handgun bought from an out-of-state online retailer must ship to a Texas FFL. Rifles and shotguns can be sold across state lines when both states’ laws allow it, and a long gun bought from an out-of-state FFL can sometimes be transferred directly at that dealer’s location.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
If You’re Delayed or Denied
A delay usually means your name or personal details resemble someone else’s in a criminal database, or a record is incomplete and needs manual review. Once three business days pass without a final answer, the dealer decides whether to proceed.
A denial means the FBI found a disqualifying record. You can appeal online, by mail, or by fax to the FBI’s NICS Appeal Services Team in Clarksburg, West Virginia. Include your full name, mailing address, and the NICS Transaction Number the dealer received. For a delay appeal, you also need a set of rolled fingerprints, and you must wait at least 30 days from the original check before filing.12Federal Bureau of Investigation. NICS Guide for Appealing
The FBI responds to denial inquiries within five business days of receiving your request and provides the general reason for the denial. Federal privacy law prevents them from giving that information over the phone. Appeals are processed in the order received, and incomplete submissions are rejected, so check every field before you send.
Penalties for Getting It Wrong
Lying on Form 4473 is a federal felony. Answering “no” to a disqualifying question you know should be “yes,” or using a fake name or address, carries up to 10 years in federal prison.13Office of the Law Revision Counsel. 18 USC 924 – Penalties ATF investigates these cases actively, and “I didn’t understand the question” rarely works as a defense.
Buying a gun on behalf of someone who can’t legally buy one, known as a straw purchase, is a separate federal crime under 18 U.S.C. 932. Maximum penalty: 15 years in prison and a $250,000 fine, rising to 25 years if the firearm is used in a felony, terrorism-related offense, or drug trafficking.14Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms Buying a gun as a genuine gift for someone legally allowed to own one is not a straw purchase.
On the seller’s side, Texas Penal Code 46.06 makes it a Class A misdemeanor to knowingly sell a firearm to someone convicted of a felony within five years of their release from confinement or supervision. Selling a handgun to anyone under 18 is a state jail felony.11State of Texas. Texas Penal Code 46.06 – Unlawful Transfer of Certain Weapons A Class A misdemeanor carries up to one year in jail and a $4,000 fine; a state jail felony carries 180 days to two years in a state jail facility.