General Information

Note Please see our FAQs "Can I carry a weapon while wearing a mask?" and "Can I carry a handgun without a license during a disaster in Texas?" for information on those topics.

See the Firearms page on the COVID-19 & Texas Law research guide for additional information.

This guide provides information on gun laws in Texas including new Texas laws (effective 9/1/2019).

Texas Law

Below you will find references to some frequently-asked-about Texas laws that govern the use of firearms. See other pages of this guide for more laws and information.

Texas Law

Texas Penal Code, Chapter 9, Subchapters C & D
Provisions within these subchapters, "Protection of Persons," and "Protection of Property" are often referred to as the "stand your ground" and "castle doctrine" laws. These statutes discuss the use of deadly force for self-defense, defense of others, and defense of property.
Sections 30.06 - 30.07 of the Texas Penal Code
These statutes set out the offense of trespassing with an openly carried or concealed firearm for those who have "received notice" that firearms are prohibited on the property. These statutes also set out signage requirements for property owners who wish to restrict the carry of firearms on their property.
Section 42.01 of the Texas Penal Code
This section, "Disorderly Conduct," outlines the criminal offense of discharging or displaying a firearm in certain situations.
Texas Penal Code, Chapter 46
This chapter, "Weapons," discusses criminal offenses related to carrying, buying, and selling firearms. It also defines firearms and other types of weapons. Sec. 46.04 discusses the unlawful possession of a firearm including restrictions on convicted felons.

Understanding the Law

FAQs: National Instant Criminal Background Check System (NICS)
This page from the ATF provides answers to common questions about the National Instant Criminal Background Check System. Note: Use the "Next" button below the list of questions to see more pages.
Can a Felon Legally Have a Gun in Texas?
KHOU, a news station in Houston, published this article in 2017 that investigates both Texas and federal law on a felon possessing a firearm.

Federal Law

Below you will find references to some frequently-asked-about Federal laws that govern the use of firearms. See other pages of this guide for more laws and information.

Federal Law

U.S. Code, Title 18, Part 1, Chapter 44
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).
U.S. Code, Title 26, Subtitle E, Chapter 53
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).
U.S. Constitution, Second Amendment [PDF]
This section establishes the often-cited "right to bear arms."

Understanding the Law

Bureau of Alcohol, Tobacco and Firearms FAQ
This page answers many frequently asked questions related to federal firearms licenses, background checks (NICS), and commerce.
Federal Firearms Regulations Reference Guide [PDF]
Created by the Federal Bureau of Alcohol, Tobacco, and Firearms in 2005, this guide is a comprehensive compilation of important laws, regulations, and FAQs related to firearms.
Most Frequently Asked Firearms Questions and Answers [PDF]
This FAQ page from the Bureau of Alcohol, Tobacco, and Firearms answers common questions about federal gun laws.
Second Amendment
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).

New Texas Laws (2019)

Several new laws relating to firearms were passed in the 86th Texas Legislature (2019).

Note: Each of the new laws listed below took effect on Sept. 1, 2019.

HB 121 (86th Leg. Session, 2019) — Relating to a defense to prosecution for the offense of trespass by certain persons carrying handguns.
Provides a defense for License To Carry holders who unknowingly enter establishments that prohibit guns with signage if the LTC holder promptly leaves the property after being asked.
HB 302 (86th Leg. Session, 2019) — Relating to the carrying, storage, or possession of a firearm or firearm ammunition by certain persons on certain residential or commercial property.
Prohibits residential lease agreements from restricting the possession of firearms by residents or their guests in certain areas.
HB 1143 (86th Leg. Session, 2019) — Relating to the transportation or storage of a handgun or other firearm or ammunition by a handgun license holder in a school parking area.
Updates the Texas Education Code to prevent school districts from regulating the manner in which a licensed person's handgun, firearm, or ammunition is stored in their vehicle in a school parking area.
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.
HB 1387 (86th Leg. Session, 2019) — Relating to the number of school marshals that may be appointed to serve on a public school campus or at a private school.
Loosens restrictions on how many armed school marshals a school district or the governing body of an open-enrollment charter school may appoint.
HB 1791 (86th Leg. Session, 2019) — Relating to the carrying of handguns by license holders on property owned or leased by a governmental entity.
Updates language in the Texas Government Code related to the carrying of firearms on property owned or leased by a government entity.
HB 2363 (86th Leg. Session, 2019) — Relating to permitting certain foster homes to store firearms and ammunition in the same locked location.
Updates specifications for how foster parents may store their firearms in a foster home.
SB 535 (86th Leg. Session, 2019) — Relating to the carrying of a handgun by a license holder on the premises of certain places of religious worship.
Clarifies the Texas Penal Code to make it clear that places of worship are to be treated the same as other private property when determining whether a license holder may carry on premises. See the bill analysis for context and the author's/sponsor's intent.
SB 741 (86th Leg. Session, 2019) — Relating to restrictive covenants regarding firearms or firearm ammunition.
Prohibits a property owners association from prohibiting or restricting the possession, transportation, or storage of a firearm or ammunition. Also prohibits restrictions on the lawful discharge of a firearm.

Who Can I Contact?

Texas Department of Public Safety
This agency administers the Handgun Licensing Program.
Bureau of Alcohol, Tobacco, and Firearms
This agency regulates some aspects of firearm possession, manufacture, and sales.

Texas State
Law Library

Gun Laws

General Information

Texas Law

Texas Law

Understanding the Law

Federal Law

Federal Law

Understanding the Law

New Texas Laws (2019)

Who Can I Contact?