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Quick Disclaimer Before You Read Another Word
We're not lawyers, we just really like guns and really like teaching people how to take care of them. This page is for education and entertainment only, not legal advice.
Honestly, keeping up with gun laws is a lot like wrestling eels. Just when you think you've got a grip on it, something changes. A court rules a different way, a new bill passes, a county does things a little different than the county next door. Use this as a solid starting point, not the final word. Always double check with your state, local, and federal resources (official links are at the bottom of this page) before you make a decision that actually matters.
Alright, now let's get into it.
Texas - TX Gun Laws
Last reviewed: July 27, 2026
At a Glance
Texas is about as permissive as it gets: permitless carry (open or concealed) for anyone 21 or older, and increasingly for 18-20 year olds after a federal court struck down the 21+ age floor in 2023 and Texas didn't appeal. No permit is needed to purchase a firearm at all, no magazine capacity limits, no assault weapons ban, strong state preemption blocking local gun ordinances, and one of the broadest self-defense frameworks in the country including civil immunity for justified use of force. If you're coming from a more restrictive state, Texas will feel like a different planet.
Purchasing and Background Checks
No state permit is required to buy any firearm in Texas, handgun or long gun. Every purchase from a licensed dealer runs through the standard federal background check (NICS via Form 4473), and there's no state waiting period. You must be 18 to buy a long gun and 21 to buy a handgun from a dealer, both federal minimums, not state-added requirements.
Private Transfers
Texas does not require a background check for private firearm sales between Texas residents, no dealer, no state system, no waiting period. That said, knowingly selling to someone who isn't legally allowed to own a firearm is still a crime regardless of the sale being private.
Who May Not Possess Firearms
On top of federal disqualifiers, Texas bars possession for anyone who:
- Has a felony conviction (rights aren't automatically restored; there's a 5-year post-release waiting period before possession is legal again, and even then only at the person's own home)
- Is subject to an active protective order in a family violence case
- Has been convicted of a Class A misdemeanor family violence offense
- Falls under the standard federal categories (unlawful drug user, dishonorable discharge, illegal immigration status, renounced citizenship, fugitive, etc.)
Open Carry
Legal without any permit for anyone 21 or older, as long as the handgun is carried in a holster. This has been the law since House Bill 1927 took effect in September 2021. Long guns can be openly carried by anyone legally eligible to possess one, with no license required beyond the federal purchase age minimums.
Concealed Carry
Also permitless since September 2021, for the same 21-and-older group as open carry, no license, no training requirement, no application. You can still apply for an optional License to Carry (LTC) even though it's not required, mainly useful for reciprocity when traveling to other states and for bypassing certain restricted-location rules that apply to unlicensed carriers.
For 18-20 year olds: a 2023 federal court ruling (Firearms Policy Coalition v. McCraw) struck down the 21+ age floor as unconstitutional. Texas didn't appeal, and DPS now accepts LTC applications from 18-20 year olds who otherwise qualify. Permitless carry specifically for that age group is still being sorted out in the courts, so if you're 18-20, getting the LTC is the cleanest path right now rather than relying on permitless carry alone.
Vehicle Transportation
Texas has allowed carrying a handgun in a vehicle without any license for decades, longer than permitless carry has existed, as long as you're not otherwise prohibited from possessing a firearm and not engaged in criminal activity. Loaded or unloaded, concealed or in plain view, in the vehicle is fine. Long guns can be transported the same way.
Restricted Locations
Even with permitless carry, certain places are off-limits regardless of license status: K-12 schools, polling places on election day, courts and court offices, racetracks, secured areas of airports, hospitals and nursing homes (with proper signage), correctional facilities, and amusement parks.
A notable Texas-specific rule: establishments that get 51% or more of their gross revenue from on-site alcohol sales must post a specific statutory sign (the "51% sign"), and carrying there is a separate, more serious offense than in an ordinary bar or restaurant that just happens to serve alcohol.
Minors and Firearms
You can legally possess a handgun in Texas at 18 (Texas does not add a state-level floor above federal law for possession, only for licensed carry). Buying one from a dealer still requires being 21, a federal rule Texas doesn't override. Minors can generally possess firearms under parental supervision for lawful purposes like hunting or target shooting.
Magazine and Firearm Restrictions
None. Texas has no magazine capacity limit and no assault weapons ban of any kind, state or local, and local governments are preempted from creating one (see State Preemption below).
Self-Defense Laws
Texas has one of the strongest self-defense frameworks in the country. There's no duty to retreat if you're legally present where you are and not engaged in criminal activity (Penal Code Sec. 9.32), and Castle Doctrine protections extend beyond just your home to your vehicle and your place of business (Sec. 9.31), broader than most states, which typically limit it to the home alone.
On top of the criminal-law protections, Texas also provides civil immunity: if your use of force is legally justified, you're immune from being sued for it (Civil Practice & Remedies Code Sec. 83.001).
State Preemption and Local Rules
Texas has strong, explicit state preemption (Local Government Code Sec. 229.001). Cities and counties cannot regulate the purchase, possession, transfer, transportation, or licensing of firearms beyond what state law already covers. Unlike states like Illinois or Massachusetts, you don't need to check whether your specific city has its own stricter rules, state law is the law everywhere in Texas.
Official Resources
- Texas Department of Public Safety, License to Carry program: dps.texas.gov/section/rsd/handgun-licensing
- Texas Penal Code (full text): statutes.capitol.texas.gov
- Texas State Law Library, Gun Laws guide: guides.sll.texas.gov/gun-laws
- ATF: for federal NFA questions, note Texas's "Made in Texas" suppressor law (House Bill 957) attempts to exempt Texas-manufactured suppressors from federal registration, but a Fifth Circuit ruling has cast real doubt on that workaround, in practice, standard federal NFA registration is still the safe assumption regardless of where a suppressor was made
Sources checked for this page:
Texas Department of Public Safety – License to Carry resources (dps.texas.gov)
Texas Penal Code Chapter 46 (weapons), Sec. 411.172 (LTC eligibility), Sec. 46.02 (unlawful carrying), Sec. 46.03/46.035 (restricted places, 51% establishments)
Texas Penal Code Chapter 9 (justification: self-defense), Sec. 9.31 (self-defense), Sec. 9.32 (deadly force, no duty to retreat)
Texas Civil Practice & Remedies Code Sec. 83.001 (civil immunity for justified force)
Texas Local Government Code Sec. 229.001 (state preemption of firearm regulation)
House Bill 1927 (2021) — permitless/constitutional carry
Firearms Policy Coalition v. McCraw, N.D. Tex. 2023 — enjoined enforcement of the 21+ age requirement for LTC/carry against 18-20 year olds; Texas did not appeal, DPS now accepts LTC applications from 18-20 year olds
House Bill 957 — "Made in Texas" suppressor law; a Fifth Circuit ruling has cast doubt on this state-law workaround, federal NFA registration remains the safe assumption in practice
Giffords Law Center – Texas state law pages