Buying & Transferring

Who can buy a gun in Texas? Who is prohibited?

See other pages of this guide for more information on background checks, restrictions on felons, and licenses to carry firearms.

Texas & Federal Laws

Texas Penal Code, Chapter 46, Section 46.06
This statute discusses instances when it is unlawful to sell, rent, lease, loan, or give a handgun to a person. It includes various restrictions on: those under age 18, felons, those with an active protective order against them, and those who are intoxicated.
U.S. Code, Title 18, Chapter 44, Section 922
This section of the U.S. Code discusses various unlawful acts related to guns. Subsection (b) sets out when it is unlawful to sell or deliver a firearm to a person.

Explained in "Plain English"

Categories of Prohibited People: Summary of Federal Law
This page describes the types of people who are ineligible to purchase or possess firearms according to federal law. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.
Categories of Prohibited People in Texas
This page discusses who is prohibited from purchasing or possessing a gun according to Texas law. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.
What is the Legal Age to Purchase & Possess Firearms in Texas?
This web page and video explain the differences between Texas law and federal law on what age you must be to purchase a hand gun or a long gun. The page is provided by Texas Law Shield, a private legal company that offers legal defense services.
FFL Tip Sheet for Non U.S. Citizens purchasing firearms
This page from the FBI has a handy flow chart that explains what types of non-citizens may purchase guns while they are in the U.S.
Nonimmigrant Aliens
This page provides answers to some common questions about whether non-citizens who are in the U.S. lawfully on a temporary basis for a specific purpose (nonimmigrant aliens) may possess a firearm.

Private Sales, Gifts, and Inheritances

Private Sales in Texas
This page describes Texas laws that apply when a private person (not a licensed dealer) transfers ownership of a firearm in Texas. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.
Best Practices: Transfers of Firearms by Private Sellers
This brochure from the ATF provides suggestions on how to conduct a private transfer of a firearm.
Gun Shows in Texas
This page discusses Texas's lack of laws that specifically regulate sales at gun shows. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.
Can I Gift A Gun? – Texas
This video and article describe the federal and state laws that apply when giving a firearm as a gift. The page is provided by Texas Law Shield, a private legal company that offers legal defense services.
Rules You Must Know When Inheriting Firearms in Texas
This video discusses laws that come into play when you inherit a firearm after someone has died. It discusses inheritance that happens within Texas and across state lines. The page is provided by Texas Law Shield, a private legal company that offers legal defense services.

What types of guns can you buy or have in Texas? What types are prohibited?

Texas & Federal Laws

Texas Penal Code, Chapter 46, Section 46.05
This statute discusses weapons that are unlawful to possess in Texas.
Texas Penal Code, Chapter 46, Section 46.01
Definitions of "firearm," "firearm silencer," "handgun," "machine gun," "short-barrel firearm," "armor-piercing ammunition," and "zip gun" are provided in this section of the Texas Penal Code.
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).

Explained in "Plain English"

Texas - State Law Background
This page links to short summaries of what Texas laws do and do not cover including: assault-style weapons, 50 caliber rifles, and large capacity ammunition magazines. The page is provided by from the Giffords Law Center, a nonprofit devoted to promoting gun safety.
Bump Stocks
This page from the ATF discusses the recent federal law that bans the ownership of bump stocks.

3D-Printed Guns

As 3D printing technology has become more widely accessible, questions have arisen as to whether 3D-printed guns are legal and whether blueprints for making 3D-printed guns can be distributed on the internet.

Can I Make a Gun at Home?

Federal laws regulate the manufacture of firearms in the U.S. and set restrictions on the types of guns that can be made.

U.S Code, Title 18, Part 1, Chapter 44, Section 922
Subsection (p) of this statute makes it unlawful to create, possess, or distribute certain firearms that are not detectable by metal detectors “after removal of grips, stocks, and magazines.” It also states that all “major components” of firearms must be detectable by x-ray machines. This statute was added as part of the Undetectable Firearms Act of 1988.
"Ghost Guns" - Summary of Federal Law
This page provides a summary of the laws surrounding home-manufactured guns such as those that are made using 3D-printers. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.
Despite Ruling on 3D-Printed Guns, it Remains Legal to Make Your Own Gun at Home (8/1/2018)
This article from the Washington Post discusses the laws that govern whether or not individuals may make their own guns for personal use. It includes a discussion of the legal restrictions on making certain types of firearms.

Can Blueprints for Making 3D-Printed Guns be Distributed Online?

In 2018, a federal judge blocked the company Defense Distributed from posting blueprints for 3D-printed guns online. This order was the result of ongoing litigation between the company and the U.S. Department of State. So far, the company's efforts to combat the 2018 ruling have been unsuccessful.

Federal Judge Blocks Posting of Blueprints for 3D-Printed Guns Hours Before They Were to be Published (7/37/2018)
This article describes the restraining order that was issued by U.S. District Court Judge Robert S. Lasnik in 2018 which prevented Defense Distributed, a company in Texas, from sharing blueprints for creating several types of 3D-printed guns.
Blueprints for 3-D Printed Guns Cannot Be Posted Online, Judge Says (11/12/2019)
This article describes a November 2019 federal court decision that blocked the Trump administration from allowing blueprints for 3D-printed guns to be posted on the internet. The judge ruled that the rule change violated federal procedures.
Austin-based company attempting to distribute 3D gun blueprints online hits legal setback (1/21/2020)
This article describes how, in January 2020, the 5th Circuit Court of Appeals declined to allow Defense Distributed to revive their previous lawsuit. The company wants to distribute plans for 3D-printed guns online, but has been blocked from doing so by the courts since 2018.

Can I buy a gun out of state? Can I sell to someone from a different state?

Federal Law

U.S. Code, Title 18, Chapter 44, Section 922
This section of the U.S. Code discusses various unlawful acts related to guns. Subsections (a)(3) and (a)(5) discuss the transfer of firearms across state lines for unlicensed individuals. Subsection (b)(3) discusses the transfer of firearms by licensed dealers to individuals who reside in a different state.

Explained in "Plain English"

Federal Law on Interstate Gun Sales
This page discusses the federal laws that govern interstate sales or transfers of firearms. It also discusses the different laws that apply to handgun sales and long gun sales as well as transactions that occur online. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.
Firearms - Frequently Asked Questions - Unlicensed Persons
This FAQ page from the ATF answers several common questions about the transfer of firearms and ammunition across state lines by private, unlicensed individuals.

What records are kept of firearm transfers in Texas? Do I need to register my guns?

Record-Keeping by Federal Firearms Licensee (FFL) Dealers

Code of Federal Regulations, Title 27, Chapter II, Subchapter B, Part 478, Subpart H
These federal rules set out the record-keeping requirements for federally licensed dealers. See §478.124 for rules related to the record-keeping of sales or transfers of firearms to individual purchasers. See §478.129 for record retention requirements.
Record Required - Licensees
This FAQ page from the ATF describes the record retention rules that all dealers with a Federal Firearms License (FFL) must adhere to.

Record-Keeping in Private Transfers

Firearms - Frequently Asked Questions - Unlicensed Persons
This FAQ page from the ATF answers the question "What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?"
Retention of Sales & Background Check Records in Texas
This page describes the lack of a Texas law requiring the keeping of records when a firearm is sold. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.
Personal Firearms Record (ATF P 3312.8)
The ATF recommends (but does not require) the use of this handy chart when transferring or acquiring a firearm. This form is intended for your personal records and will not be collected or maintained by the ATF or any other government agency.

Registration

Registration - Federal Law
This page describes the lack of a national registry of general firearm ownership or purchases. It also gives an overview of the history of related laws. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.
Registration of Firearms in Texas
This page describes the lack of a Texas law requiring firearms to be registered. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.
How does a person register a firearm or remove a name from a firearms registration?
This FAQ from the ATF states that federal law only requires registration of: machineguns, short–barreled rifles and shotguns, silencers, destructive devices, and firearms designated as “any other weapons” under the National Firearms Act (NFA).

Lost or Stolen Firearms

Reporting Lost or Stolen Firearms in Texas
This page describes the lack of a Texas law requiring lost or stolen firearms to be reported to any agency. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.

Texas State
Law Library

Gun Laws

Buying & Transferring

Who can buy a gun in Texas? Who is prohibited?

Texas & Federal Laws

Explained in "Plain English"

Private Sales, Gifts, and Inheritances

What types of guns can you buy or have in Texas? What types are prohibited?

Texas & Federal Laws

Explained in "Plain English"

3D-Printed Guns

Can I Make a Gun at Home?

Can Blueprints for Making 3D-Printed Guns be Distributed Online?

Can I buy a gun out of state? Can I sell to someone from a different state?

Federal Law

Explained in "Plain English"

What records are kept of firearm transfers in Texas? Do I need to register my guns?

Record-Keeping by Federal Firearms Licensee (FFL) Dealers

Record-Keeping in Private Transfers

Registration

Lost or Stolen Firearms