Disclaimer:
The State Law Library cannot tell you what a law means for your situation. Please contact an attorney for help determining what the law means for you. If you have questions or need help finding resources, please ask a librarian.

Disclaimer:
The State Law Library cannot tell you what a law means for your situation.

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Firearms

Can I carry a handgun without a license during a disaster?

Generally speaking, you must have a license to carry a handgun in Texas regardless of whether your handgun is carried openly or concealed. In 2019 the Texas Legislature passed a law that creates an exception to this rule for those who are in the process of evacuating from a declared state or local disaster area or those who are returning to that area after evacuating. The exception applies for 7 days after the initial disaster declaration is issued (unless the Governor specifically extends that time period). The law does not apply to those who are prohibited by law from possessing a firearm.

Can You Carry a Handgun Without a License During a Disaster in Texas?
This FAQ addresses a 2019 law that allows those who are not prohibited from possessing a handgun to carry a handgun without a license while evacuating from a disaster area or returning to that area after evacuating.
No, Texans Can't Tote Guns Under Disaster Declaration for Protests (PolitiFact)
This fact check discusses a viral Facebook post that suggested Texans could carry a handgun without a license for 1 week after a disaster declaration has been declared. The claim in the post is rated "Mostly False" because it omitted key information about when the law applies.
HB 1177 (86th Leg. Session, 2019) — Relating to carrying a handgun during a state of disaster.
Prevents citizens from being charged with a crime for carrying a handgun without a License To Carry while evacuating from a declared state or local disaster area, or while returning to that area. Also gives disaster shelters the option to accommodate evacuees with firearms.
Section 46.15 of the Texas Penal Code
Sets out situations when some of the typical laws about firearms do not apply. See Subsection (k) for exceptions related to those who are evacuating from a disaster area.

Masks and Weapons

We have been unable to locate a Texas law that would prevent someone from carrying a gun or other weapon while wearing a mask or other face covering.

Can I Carry a Weapon While Wearing a Mask?
This FAQ addresses the carrying of weapons while wearing a mask in Texas.
Does Texas Have an Anti-Mask Law?
Librarians at the State Law Library have not been able to locate a current Texas statute that discusses the wearing of masks or disguises. This FAQ describes Texas's historical anti-mask law that was passed in 1925 and repealed in 1974.

Delayed NICS Background Checks Due to COVID-19

Due to circumstances related to the COVID-19 outbreak in the U.S., it's possible that gun purchasers may experience delays in federal background checks processed through the NICS.

A NICS Delay... (ATF)
This brochure from the ATF describes the law about transfers of firearms when a NICS background check has been delayed.
Section 922(t) in Title 18 of the U.S. Code
This federal law, added as part of the Brady Act, discusses firearm background checks. It includes a provision that allows dealers to transfer a firearm in certain circumstances when a NICS response has not arrived after 3 business days have elapsed since the dealer contacted the system.
Code of Federal Regulations, Title 27, Chapter 478, Section 478.102
This federal regulation sets out rules for how FFL dealers must conduct background checks. It includes a provision that allows dealers to transfer a firearm in certain circumstances when a NICS response has not arrived after 3 business days have elapsed since the dealer contacted the system.

Gun Stores & Shooting Ranges

Are gun stores and shooting ranges "essential" businesses?

Currently, Texas is deferring to federal guidance to determine which businesses are considered "essential." The U.S. Cybersecurity & Infrastructure Security Agency (CISA) has issued a publication titled The Essential Critical Infrastructure Workers Guidance which "identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability," and "also includes workers who support crucial supply chains and enable functions for critical infrastructure."

CISA's list of Essential Critical Infrastructure Workers includes:

"Workers supporting the operation of firearm, or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges."

Can local governments exclude guns stores from their list of "essential" businesses?

Attorney General Opinion No. KP-0296
On 3/27/2020, the Texas Attorney General provided an opinion in which he stated: "while municipal and county officials possess general emergency authority to control the movement of persons and the occupancy of premises in a local disaster area under Government Code section 418.108, such orders may not regulate or restrict the sale of firearms."
Texas Gun Stores Are Essential Businesses, May Stay Open During the Pandemic, Attorney General Says (3/27/2020)
This news article describes the Texas Attorney General Opinion related to whether or not cities and counties may omit gun stores as "essential businesses" during a locally declared emergency.

ID Requirements When Purchasing Firearms

Waiver of Texas ID Expiration Dates

On March 18th, Governor Greg Abbott directed the Texas Department of Public Safety (DPS) to temporarily waive expiration dates for driver licenses, commercial driver licenses, and other state-issued IDs.

On December 15th, DPS announced that the waiver on expiration dates for Texas driver licenses will end on April 14, 2021.

DPS Reminder: DL Expiration Waiver Ends in April
New The waiver on expired driver licenses and identification cards ends on April 14, 2021.
Governor Abbott, DPS Waive Expiration Dates for Driver Licenses (3/18/2020)
This press release announces that the Governor has "directed the Department of Public Safety (DPS) to temporarily waive expiration dates for Driver Licenses, Commercial Driver Licenses, and other identification forms." The announcement also mentions that "This suspension will be in effect until 60 days after the DPS provides further public notice that normal Driver License operations have resumed."

Effect of Waiver on Firearm Purchases

On April 14, 2020, a member of the Texas House of Representatives asked the Texas Attorney General whether Federal Firearms Licensed dealers (FFLs) may sell firearms to Texans with expired licenses. On May 7th, the Attorney General's Office issued an opinion in response to this request. The Office decided not to provide an opinion on whether Texas IDs that have expired after 3/13/2020 meet federal ID requirements for the sale of firearms. However, they did conclude that these IDs are not considered expired under state law "until 60 days after the DPS provides further public notice that normal driver's license operations have resumed."