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This page links to Texas and federal laws that regulate various types of firearms like long guns, handguns, and antique weapons.
Note The library cannot help you determine whether you are legally allowed to purchase, possess, or carry a firearm. If you have questions about your eligibility under the law, be sure to ask an attorney.
What is a firearm? | Handguns | Long Guns | Machine Guns, Short-barreled Shotguns, & Other NFA Firearms | Curio, Replica, & Antique Firearms
What counts as a firearm? Texas and federal laws contain very specific descriptions of firearms. See the chart below for more details.
| Type of Firearm | Texas Law | Definition | Federal Law | Definition |
| Firearms | Texas Penal Code Section 46.01(3) |
"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. |
18 U.S. Code 921(a)(3) |
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. |
| Handguns | Texas Penal Code Section 46.01(5) | "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. | 18 U.S. Code 921(a)(30) |
The term "handgun" means— (A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and (B) any combination of parts from which a firearm described in subparagraph (A) can be assembled. |
| N/A | This term is not formally defined in the Texas statutes. |
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Shotgun: The term "shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. Rifle: The term "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger. |
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| Texas Penal Code Section 46.01(3) |
The definition of "firearm" excluded curios and antique guns: "Firearm" does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. |
18 U.S. Code 921(a)(16) |
The term "antique firearm" means— (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or (B) any replica of any firearm described in subparagraph (A) if such replica— (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term "antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. |
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| Machine guns | Texas Penal Code Section 46.01(9) | "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. | 26 U.S. Code 5845(b) |
The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. |
| Texas Penal Code Section 46.01(10) | "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. |
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Short-barreled shotgun: The term "short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches. Short-barreled rifle: (8) The term "short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches. |
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| Zip guns | Texas Penal Code Section 46.01(16) | "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. | N/A | This term is not formally defined in the federal statutes. |
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?