Note The library cannot help you determine whether you are legally allowed to carry or possess a firearm.
Texas and federal laws contain very specific definitions of firearms.
Texas Penal Code Section 46.01 sets out a definition for firearm:
"Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
The federal definition of "firearm" is in 18 U.S. Code Section 921:
The term "firearm" means:
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm.
Texas and federal laws allow qualified people to purchase and own handguns. There are certain restrictions based on the recipient's age and the type of sale or transfer.
Generally, a person in Texas can possess a handgun if they are otherwise qualified under Texas and federal law. A qualified person must:
Texas residents can purchase handguns and ammunition if they are qualified to possess a firearm under Texas and federal law.
A Texas resident can purchase a handgun, ammunition, and accessories in another state as long as it complies with federal law and the laws of each state. This law is in Section 46.07 of the Texas Penal Code.
Section 46.06 of the Penal Code prohibits selling or giving a firearm (including a handgun) to any child under 18. However, the law states that it is an affirmative defense if the child's parent or legal guardian gave written permission for the sale.
Under federal laws, a licensed dealer cannot sell a handgun to a person under the age of 21. Private sales or transfers (meaning the seller does not have a federal firearms license) of handguns are illegal if the recipient is under 18 years of age. These laws are in U.S. Code 922(b)(1) and U.S. Code 922(x), respectively.
People who qualify do not need a license to carry (LTC) to carry a handgun. Generally, to carry a handgun in public in Texas without an LTC, a person must:
Texas and federal laws allow qualified people to possess and purchase long guns. There are certain restrictions based on the recipient's age and the type of sale or transfer.
There are no federal laws that set an age requirement for a qualified person to possess a long gun.
Section 46.13 of the Texas Penal Code prohibits making a firearm (including a long gun) accessible to a person under 17 years of age. However, there are affirmative defenses for the following activities:
Texas residents can purchase long guns and ammunition if they are qualified to possess a firearm under Texas and federal law.
Texas law says that a person cannot give or sell a firearm to a child younger than 18 years of age. There are exceptions, though. Subsection (c) of Section 46.06 of the Texas Penal Code states that a parent’s permission for the transfer can be an affirmative defense to prosecution. If the minor is buying the weapon, this permission must be in writing.
Under federal law, a person under 18 cannot buy a firearm (including a long gun) or ammunition from a federal firearms licensee (FFL). This law is in 18 U.S. Code 922(b)(1). Federal law does not set a minimum age for the transfer or private sale of long guns or long gun ammunition.
We have not found any Texas or federal laws that specifically restrict a qualified person from carrying a long gun such as a rifle or shotgun.
Generally speaking, people in Texas can carry guns, including long guns, wherever guns are not prohibited. Some places are always off-limits. At other types of places, the property owner or the person in control of the property can choose whether to allow guns.
Certain types of weapons are prohibited under Texas and federal law unless they are federally registered. These include:
A full list of prohibited weapons and accessories is in Section 46.05 of the Texas Penal Code. Definitions for each type of prohibited weapon are in Section 46.01 of the Texas Penal Code.
A qualified person can own these types of firearms if they are registered in the National Firearms Registration and Transfer Record (NFRTR) through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The National Firearms Act of 1934 requires these types of guns to be federally registered. Because of this, these type of weapons are sometimes called "NFA firearms." These laws are in 26 U.S. Code, Chapter 53, Subtitle E.
Certain types of antique weapons are not considered to be firearms under Texas or federal law. Texas Penal Code Section 46.01(3) excludes antique, replica, or curio firearms in its definition of firearm.
Antique firearms are also excluded from the federal definition of a firearm found in 18 U.S. Code 921(a)(3). The federal law also exempts muzzle-loading firearms that use black powder or a black powder substitute and cannot use fixed ammunition. Read the definition for more details.
Because of this, many people who are prohibited from possessing firearms often wonder if they can legally possess antique weapons. We've addressed this question in our Legal FAQ, Can someone with a felony conviction own a black powder gun?
"Ghost guns" are firearms created or assembled at home from weapons parts kits or by 3D printing. The finished product is often called a ghost gun. Unlike professionally manufactured firearms, it has no serial number.
Texas does not have any laws that specifically address homemade firearms.
A Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) FAQ addresses licensing. It states that a person is not required to have a license to manufacture a firearm for personal use. However, they must have one if they intend to sell or distribute the firearms.
If a person makes an NFA firearm, they must get advance approval from the ATF and pay a tax payment.
Federal law also prohibits manufacturing certain types of firearms, including:
Weapon parts kits contain materials that allow a person to build their own firearm at home. A 2022 rule from the ATF said that the term "firearm" in the Gun Control Act includes weapon parts kits. This allowed the kits to be regulated along with other firearms.
This rule was challenged in federal court. In 2025, the U.S. Supreme Court issued a decision in Bondi v. VanDerStok that upheld the ATF regulations. The opinion states that the ATF rule may not apply to all weapon parts kits, but that "the [Gun Control Act] statute plainly reaches some partially complete items."
The library cannot determine if a particular kit would qualify as a firearm under the ATF rules. We suggest you ask a lawyer for a legal opinion if you have questions.
There has been extensive litigation over whether blueprints for 3D-printed guns can be published online.
Currently a person must have a license from the Bureau of Industry and Security to publish technology or software for 3D-printed firearms online. This regulation is under Section 734.7(c) of the Export Administration Regulations.
Note The library cannot help you determine whether you are legally allowed to carry or possess a firearm.