Texas Gun Laws Explained: Ownership, Carry, and Storage

Texas gun laws let most adults 21 and older carry a handgun in public without a permit, a policy known as constitutional carry that took effect in September 2021. That permissive rule sits inside a larger framework of state and federal restrictions on who can own a firearm, where guns cannot go, how sales work, and when deadly force is legally justified. Penalties for getting any piece of it wrong run from a $200 fine to ten years in prison.

Who Cannot Legally Own a Gun in Texas

State Prohibitions

A felony conviction triggers the biggest state-level ban. Under Penal Code § 46.04, a convicted felon cannot possess any firearm until five years after completing their sentence, including probation or parole.¹ Once that window closes, possession is still limited to the person’s own home. Carrying anywhere else, even decades later, remains a third-degree felony punishable by two to ten years in prison and up to a $10,000 fine.²

Texas also bars firearm possession for anyone convicted of a Class A misdemeanor involving family violence, for five years measured from the later of release from jail or the end of community supervision.¹ Anyone subject to certain family violence protective orders commits a Class A misdemeanor by possessing a firearm while the order is active, with penalties up to one year in jail and a $4,000 fine.³

Federal Prohibitions

Federal law adds restrictions that apply in every state. Under 18 U.S.C. § 922(g), the following people cannot possess any firearm or ammunition:⁴

Anyone convicted of a crime punishable by more than one year in prison
Fugitives from justice
Unlawful users of, or people addicted to, controlled substances
Anyone formally found by a court or board to be a danger to themselves or others, or involuntarily committed to a mental institution⁵
Anyone convicted of a misdemeanor crime of domestic violence, or subject to a qualifying protective order⁶
Anyone discharged from the military under dishonorable conditions
Certain noncitizens, including those unlawfully in the United States or admitted on nonimmigrant visas, with narrow exceptions

The mental health category catches people off guard. A voluntary hospital stay does not trigger the ban. An involuntary commitment by any court or board does, and so does any formal finding of incompetency to stand trial or manage one’s own affairs.⁵ Relief is possible if the commitment is later expunged or set aside, or if the person is found rehabilitated through a qualifying state or federal program.

Age

Federal law prohibits licensed dealers from selling handguns to anyone under 21.⁷ Rifles and shotguns can be bought from a dealer at 18. In private sales, federal law only prohibits handgun transfers to anyone the seller knows or has reason to believe is under 18. Texas layers on its own rule: giving or selling any firearm to someone under 18 is an offense, and transferring a handgun to a minor is a state jail felony carrying 180 days to two years in a state jail facility.⁸ Written parental permission is an affirmative defense.

Carrying a Handgun in Public

Since September 1, 2021, House Bill 1927 has allowed anyone 21 or older who is not otherwise prohibited from possessing a firearm to carry a handgun in public without a state license.⁹ The carry can be open or concealed, but Penal Code § 46.02 draws one line that trips people up: if the handgun is visible to others, it must be in a holster.¹⁰ A concealed handgun that is not visible has no holster requirement. Intentionally displaying a handgun in plain view without a holster in a public place is itself an offense.

Texas still issues the License to Carry (LTC) for people who want more than permitless carry provides. The main reason to get one is reciprocity: dozens of other states recognize a Texas LTC, letting holders carry legally when they travel.¹¹ An LTC also lets a buyer skip the federal background check at a dealer counter. The application requires a training course, a Department of Public Safety background check, and a $40 fee.

Where Firearms Are Prohibited

State-Designated Places

Penal Code § 46.03 lists locations where carrying a firearm is illegal regardless of permit status or permitless carry eligibility:¹²

Any K-12 campus, school-sponsored event, or school bus, public or private
Polling places during elections and early voting
Government court buildings and offices used by the court
Racetracks
Secured areas of airports
Businesses that earn 51 percent or more of their revenue from on-site alcohol sales, as determined by the Texas Alcoholic Beverage Commission
High school, college, and professional sporting events
Correctional and civil commitment facilities
Licensed hospitals

The bar rule catches gun owners regularly. These establishments post a red “51%” sign, and many people walk right past it. Violating § 46.03 is generally a third-degree felony, punishable by two to ten years in prison and up to a $10,000 fine.² Licensed carriers have a narrow exception for certain college and university campuses under the campus carry provisions. K-12 schools have no such exception.

Federal Facilities

Bringing a firearm into any federal building (courthouses, Social Security offices, VA facilities, IRS offices) is punishable by up to one year in prison under 18 U.S.C. § 930.¹³ Bringing one intending to use it in a crime raises that to five years. Federal court facilities carry a separate penalty of up to two years. Post offices have their own regulation prohibiting firearms anywhere on postal property, including the parking lot, whether openly carried or concealed.¹⁴ A Texas LTC or permitless carry rights have no effect on federal property.

Private Property

Property owners can ban firearms outright by posting signs or giving verbal notice under Penal Code § 30.05.¹⁵¹⁶¹⁷

Ignoring a posted sign is a Class C misdemeanor with a maximum $200 fine. The offense jumps to a Class A misdemeanor, with up to a year in jail and a $4,000 fine, if the owner or someone acting on their behalf personally asks you to leave and you refuse.¹⁵

Buying and Transferring Firearms

Buying from a licensed dealer requires a valid photo ID and completion of ATF Form 4473, which records the buyer’s information and certifies eligibility under federal law.¹⁸ The dealer then runs the buyer through the National Instant Criminal Background Check System, which screens for criminal history, mental health adjudications, and other disqualifying records.¹⁹ Most checks clear within minutes. If the system returns a delay, the dealer may complete the sale after three business days if no final denial arrives. Texas LTC holders skip the check entirely because the license already required one.

Texas does not require background checks or paperwork for private sales between two individuals who are not licensed dealers. That is not a free pass. Both federal and state law prohibit selling a firearm to someone you know or reasonably believe is a prohibited person.²⁰ Selling a handgun to someone you know cannot legally possess one is a state jail felony under Penal Code § 46.06.⁸

Interstate purchases generally have to route through a licensed dealer. A gun bought online or at an out-of-state show typically ships to a Texas dealer, who then runs the background check and completes the transfer for a processing fee, commonly $20 to $50.

Self-Defense and the Castle Doctrine

Penal Code § 9.32 authorizes deadly force when a person reasonably believes it is immediately necessary to protect against another person’s use or attempted use of unlawful deadly force, or to stop an imminent kidnapping, murder, sexual assault, robbery, or aggravated version of those crimes.²¹

The Castle Doctrine strengthens that protection in specific places. If someone unlawfully forces their way into your home, vehicle, or workplace, the law presumes your belief that deadly force was necessary is reasonable. The forced entry itself creates the presumption; you do not have to prove the intruder threatened you. Two conditions apply: you cannot have provoked the attacker, and you cannot be engaged in criminal activity beyond a minor traffic offense at the time.

Texas has no duty to retreat. If you have a right to be where the confrontation happens, you are not required to back away before using deadly force, and a jury is barred from holding your failure to retreat against you when evaluating whether the force was justified. That is not a blank check. The force still has to be proportional to the threat. Shooting someone over a verbal argument or a shove will not pass legal muster, and claiming self-defense after the fact does not prevent arrest or prosecution. You may still have to prove the case at trial.

Storing Guns Around Children

Penal Code § 46.13 makes it a crime to leave a loaded firearm where a child under 17 can reach it, if you were criminally negligent in failing to secure the gun or left it somewhere you knew or should have known a child would gain access.²² The penalty depends on the outcome:

If a child gains access but no one is seriously hurt: Class C misdemeanor, maximum $500 fine.²³
If a child fires the weapon and causes death or serious bodily injury: Class A misdemeanor, up to one year in jail and a $4,000 fine.³

Defenses exist if the child’s access was supervised or for a lawful purpose like hunting, or if the child broke into a locked structure to reach the firearm. A trigger lock, cable lock, or safe satisfies the legal duty to secure the weapon. The cable locks that come free with most new firearm purchases meet the statutory standard, though a proper safe offers better protection against both children and theft.

Traveling With a Firearm

Under Penal Code § 46.02, anyone who may legally possess a firearm can keep one in their vehicle. The holster rule from public carry applies: if the handgun is in plain view, the person must be 21 or older (or hold an LTC) and the handgun must be in a holster. A concealed handgun in a console, glovebox, or bag has no holster requirement.

Crossing state lines is governed by the federal Firearm Owners Protection Act (18 U.S.C. § 926A), which lets you transport a firearm through states where you might not otherwise be allowed to carry, as long as you can legally possess it at both your origin and destination. During transport, the firearm has to be unloaded and stored where it is not readily accessible from the passenger compartment. In vehicles without a separate trunk, the gun and ammunition must be in a locked container other than the glovebox or console.²⁴ An LTC helps here: if the state you are visiting recognizes it, you can carry normally instead of locking everything away.

TSA allows firearms in checked luggage only. The gun must be unloaded and locked inside a hard-sided case that prevents anyone from accessing it. You declare the firearm at the airline ticket counter each time you check the bag.²⁵ TSA treats a firearm as loaded if live ammunition is anywhere the passenger can reach it, including in a magazine inserted in the gun. Ammunition can travel in the same checked bag if it is in its original packaging or a container designed for it. Airlines may add restrictions or fees, so check with your carrier before heading to the airport.

1
State of Texas. Texas Penal Code Section 46.04 – Unlawful Possession of Firearm
2
State of Texas. Texas Penal Code Section 12.34 – Third Degree Felony Punishment
3
State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
4
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Prohibition under 18 USC 922(g)(4)
6
Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
7
Bureau of Alcohol, Tobacco, Firearms and Explosives. Minimum Age for Gun Sales and Transfers
8
State of Texas. Texas Penal Code Section 46.06 – Unlawful Transfer of Certain Weapons
9
Texas Legislature Online. HB 1927 – Firearm Carry Act of 2021
10
State of Texas. Texas Penal Code Section 46.02 – Unlawful Carrying Weapons
11
Texas Department of Public Safety. State Reciprocity Information
12
State of Texas. Texas Penal Code Section 46.03 – Places Weapons Prohibited
13
Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
14
USPS. Possession of Firearms and Other Dangerous Weapons on Postal Service Property Is Prohibited by Law
15
State of Texas. Texas Penal Code Section 30.05 – Criminal Trespass
16
State of Texas. Texas Penal Code Section 30.06 – Trespass by License Holder With a Concealed Handgun
17
State of Texas. Texas Penal Code PENAL 30.07 – Trespass by License Holder With an Openly Carried Handgun
18
Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record
19
Federal Bureau of Investigation. Firearms Checks (NICS)
20
Texas State Law Library. How Can I Sell My Gun to Another Person?
21
State of Texas. Texas Penal Code Section 9.32 – Deadly Force in Defense of Person
22
State of Texas. Texas Penal Code PENAL 46.13 – Making a Firearm Accessible to a Child
23
State of Texas. Texas Penal Code Section 12.23 – Class C Misdemeanor
24
Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
25
Transportation Security Administration. Transporting Firearms and Ammunition