Below are some of the library resources that can provide further guidance on this topic. The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.
This annually updated volume contains the text of the Texas Penal Code, Code of Criminal Procedure, Rules of Appellate Procedure, and Rules of Evidence along with selections from the Health & Safety and Government Codes. It is annotated with references to relevant case law and includes helpful charts.
This book, which is approved by the Texas Department of Public Safety for Concealed Handgun License (CHL) training, discusses the major state and federal laws surrounding gun ownership. It answers many common questions concerning where a person can bear and discharge firearms and issues surrounding self-defense.
This book provides a single source which gun owners travelling across state lines may consult to understand the relevant state laws. State laws can vary as to whether a gun owner can carry a handgun openly or concealed, whether it can be loaded, and where it should be stored in the vehicle. It is organized by state and the author ranks the laws of each state on a spectrum from most to least restrictive.
This Continuing Legal Education course guide covers many topics which may interest attorneys who handle cases involving firearms. Session topics include "stand your ground legislation," concealed handgun licenses, recent changes in the law, restoration of rights, and many others.
Introduction to Gun Laws
State and federal laws and rules regulate many aspects of gun ownership, use, sales, and manufacture. Understanding this area of the law can be challenging because firearm possession and discharge come up in a variety of contexts. For example, the Texas Penal Code stipulates where one may possess a firearm, the Texas Local Government Code authorizes municipalities to establish further restrictions, and federal law may impose additional restrictions. As this guide is intended to be a starting point in research, it is always wise to pose specific legal questions on this topic to an attorney.
Below you will find references to areas of the Texas law that govern use of firearms and issues related to firearms sales. If you find these statutes difficult to understand, you may want to look at the "Plain English" resources on this page or speak to an attorney.
Some of the provisions within this subchapter, "Protection of Persons," are often referred to as the "Castle Doctrine" or "Stand your ground law." This section discusses some circumstances under which a person may use deadly force to defend themselves or others.
This chapter broadly regulates many aspects of sales, purchase, and possession of firearms. It primarily focuses on regulating interstate commerce by limiting most transfers except among licensed manufacturers, dealers, and importers. This chapter includes provisions enacted by the Gun Control Act of 1968 and the Brady Handgun Violence Prevention Act (1993).
This act, "Machine Guns, Destructive Devices, and Certain Other Firearms," regulates certain types of weapons such as machine guns and firearm silencers. This chapter includes provisions enacted by the National Firearms Act (1934).
This brief article from Wex, a project of the Legal Information Institute, explains the history of and important legal cases related to the second amendment of the U.S. Constitution. It provides links to noted cases which have shaped the legal community's understanding of the right to bear arms such as District of Columbia v. Heller (2008).
If you have questions about whether your CHL is valid in another state or if you are travelling to Texas from another state, refer to this map for information about CHL reciprocity between states. Provided by the Texas Deparment of Public Safety, this map indicates whether or not Texas has an agreement with the state and a copy of the agreement if applicable.
Some property owners may post a notice indicating that concealed handguns are not permitted on the premises. This section, "Trespass by Holder of License to Carry Concealed Handgun," discusses proper notice and punishment for noncompliance.
The information provided on this page has been prepared for general information purposes only and should not be construed as, nor substituted for, legal advice. It is strongly recommended that you contact an attorney for advice specific to your fact situation. Your local bar association or the State Bar of Texas Lawyer Referral Information Service (1-800-252-9690) can assist you with locating an attorney.
Some of the electronic resources we refer to in this guide may be in PDF format. Adobe Reader or similar software is required to view PDFs.
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From their Web site: The Center For Consumer Law helps consumers settle disputes by informing them of their legal rights and assisting with the resolution of disputes through mediation and, when necessary, litigation.