Types of Guns

What types of guns can you buy or own in Texas?

Texas & Federal Law

Section 46.05 of the Texas Penal Code
This statute discusses weapons that are unlawful to possess in Texas.
Section 46.01 of the Texas Penal Code
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).

Understanding the Law

Bump Stocks
This page from the ATF discusses the recent federal law that bans the ownership of bump stocks.
Here's everything you need to know about Texas gun laws (8/6/2019)
This Texas Tribune article from 2019 gives a brief overview of Texas and federal laws on purchasing, possessing, and carrying various types of firearms.

Handguns

Texas and federal laws also allow people who qualify under the law to purchase and own handguns. As with long guns, there are certain restrictions based on the recipient's age and the type of sale or transfer.

Possession

Generally, a person in Texas can possess a handgun if they:

do not have a prior felony conviction as described in Section 46.04 of the Texas Penal Code
do not have a Class A misdemeanor conviction for family or dating violence as described in Sections 46.02 and 46.04 of the Texas Penal Code
are not restricted by an unexpired protective order as described in Section 46.04(c) of the Texas Penal Code
are not restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g)

Purchase or Transfer

Texas residents can purchase handguns and ammunition if they are not otherwise disqualified from possessing 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.

Carry

People who qualify under the law 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:

be at least 21 years old (Note: a recent court decision may affect the age restriction)
not have a prior felony conviction as described in Section 46.04 of the Texas Penal Code
not have a recent Class A misdemeanor conviction for family or dating violence as described in Sections 46.02 and 46.04 of the Texas Penal Code
not be subject to an unexpired protective order as described in Section 46.04(c) of the Texas Penal Code
not be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g)
not be intoxicated, except in certain situations as described in Section 46.02(a-6) of the Texas Penal Code

Texas & Federal Laws

Section 46.02 of the Texas Penal Code
This section sets the age limit for carrying a handgun, lists which convictions disqualify someone from carrying a handgun, and lists other limitations. It sets out the requirement that handguns must be carried in a holster. It also discusses how handguns can be carried in certain motor vehicles and watercrafts.
Section 46.06 of the Texas Penal Code
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, those convicted of a felony, those with an active protective order against them, and those who are intoxicated.
Section 922 in Title 18 of the U.S. Code
This section of the U.S. Code discusses various unlawful acts related to guns. Subsection (g) sets out who may be barred from possessing a firearm. Subsection (d) discusses the offense of providing a firearm to a person who is barred from owning one.

Texas State
Law Library

Gun Laws