Two categories of ammunition are illegal in Texas: armor-piercing handgun rounds and explosive weapons. Both are banned under Texas Penal Code Section 46.05, and possessing, selling, manufacturing, transporting, or repairing either is a third-degree felony carrying two to ten years in prison and a fine of up to $10,000.1State of Texas. Texas Penal Code 46.05 – Prohibited Weapons Most ammunition people assume is restricted, including hollow-points and full-metal-jacket rounds, is perfectly legal.
Armor-Piercing Handgun Ammunition
Texas Penal Code Section 46.01 defines armor-piercing ammunition as handgun ammunition designed primarily to penetrate metal or body armor and intended for use in pistols and revolvers.2State of Texas. Texas Penal Code 46.01 – Definitions Two limits in that definition matter. The ban reaches only handgun ammunition, so rifle rounds that defeat body armor through sheer velocity are not covered by the Texas statute. And the round must be designed primarily to penetrate; a standard bullet that happens to go through soft armor does not qualify.
Federal law uses a different test. Under 18 U.S.C. Section 921, armor-piercing ammunition includes a projectile or projectile core made entirely from hard metals such as tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium, when that projectile can be used in a handgun. It also covers full-jacketed handgun projectiles larger than .22 caliber where the jacket makes up more than 25 percent of the total weight.3Office of the Law Revision Counsel. 18 US Code 921 – Definitions The federal rules focus on manufacture, importation, and commercial sale. Texas is stricter on the possession side, because Section 46.05 bans simply having the ammunition.
Explosive Weapons and Exploding Ammunition
Section 46.05 prohibits explosive weapons unless they are registered in the National Firearms Registration and Transfer Record maintained by the ATF or are otherwise exempt from registration. Improvised explosive devices get no such exception.1State of Texas. Texas Penal Code 46.05 – Prohibited Weapons
Federal law defines a “destructive device” broadly to include any explosive, incendiary, or poison gas bomb, grenade, rocket, missile, mine, or similar device, as well as weapons with a bore diameter over one-half inch, excluding shotguns recognized as suitable for sporting purposes.4Legal Information Institute. 26 USC 5845(f) Ammunition engineered to explode or ignite on impact falls inside the destructive-device framework federally and can also be charged as an explosive weapon or improvised explosive device under Texas law.
Tracer and Incendiary Rounds
Tracer rounds, which leave a visible trail so a shooter can follow trajectory, are not banned outright under Texas or federal law. The ATF classifies them as explosive materials, which brings storage and transport permits into play. Incendiary rounds get similar treatment rather than a flat ban. The bigger legal exposure in Texas is fire. Using tracers or incendiaries on an outdoor range or private land in dry conditions can lead to criminal liability if a fire starts, and most ranges in the state prohibit them for that reason.
Ammunition That Is Legal in Texas
Common defensive and sporting rounds that generate the most confusion are not restricted here:
- Hollow-point rounds, designed to expand on impact, are legal everywhere in Texas and are the standard choice for personal defense.
- Full-metal-jacket (FMJ) range and practice ammunition is legal.
- Soft-point and ballistic-tip hunting rounds are legal.
- Shotgun slugs and buckshot are legal for hunting and home defense.
The confusion usually traces back to a handful of other states with broader ammunition laws. Texas regulates ammunition only to the extent Section 46.05 covers.
Who Is Exempt
Section 46.05 provides a complete defense to prosecution when the ammunition was possessed as part of official duty for the armed forces, the National Guard, a government law enforcement agency, or a correctional facility.1State of Texas. Texas Penal Code 46.05 – Prohibited Weapons A separate affirmative defense protects anyone handling armor-piercing ammunition solely to supply it to one of those authorized organizations. The difference matters at trial: the official-duty defense prevents prosecution, while the affirmative defense puts the burden on the defendant to prove the supply purpose.
Penalties Under Section 46.05
Possessing, selling, manufacturing, transporting, or repairing prohibited ammunition is a third-degree felony in Texas, carrying two to ten years in prison and a fine of up to $10,000. The grade is the same whether the charge involves armor-piercing rounds or an unregistered explosive weapon.
A felony conviction also costs you the right to possess firearms under both Texas and federal law, and the record follows you into employment, housing, and professional licensing decisions. Ammunition charges often surface during traffic stops or searches tied to other offenses, so they frequently stack with additional weapons or drug counts, which pushes potential prison time higher. Defense attorney fees for a straightforward case typically start at several thousand dollars and climb if the case goes to trial.