The Second Amendment right to bear arms is vigilantly protected in the state of Texas. However, carefully understanding each detail of the gun laws in your state is essential in protecting yourself from facing serious charges. To avoid violating gun laws, it is important to understand what you can and cannot do when purchasing and owning a firearm in Texas, including what specific rules apply based on your age, the type of firearm, and the way in which it is carried to avoid criminal charges and preserve your rights. Reach out to our firm today to learn more about your rights as a gun owner. If you have been charged with a gun crime, contact us today to understand your options.
Overview of Gun Laws in Texas
Texas broadly protects the right to own firearms, but there are still legal requirements in place, depending on the circumstances. Knowing these distinctions can help you avoid serious legal penalties.
Important Takeaways
- Texas typically does not require permits to purchase or own firearms
- You must be 21 to own/purchase a handgun, and 18 for rifles or shotguns
- You are not required to register your firearm in Texas
- Concealed carry laws have changed, and permitless carry may apply in many situations
- However, certain individuals, like convicted felons, are still prohibited from purchasing, owning, or carrying a firearm
Do I Need a Gun Permit to Own A Handgun in Texas?
Gun permits are not required to own a handgun in Texas. If you are over the age of 21, you have the right to purchase and possess a handgun without the need for a permit. As such, you are generally able to carry a concealed handgun without a permit, though you may want to obtain a license to carry for additional legal protections.
However, Texas law has changed in recent years, as many individuals may not carry a handgun without a permit, through permitless carry. You should note that restrictions may still apply.
Important Legal Notes
- You must be 21 or older to carry a handgun, with some exceptions, like military members
- You must not be a prohibited person under state or federal law
- Carrying is restricted in certain locations, like schools, bars, and government buildings
- Private property owners reserve the right to prohibit firearms with proper notice
Am I Required to Get a Permit to Own a Shotgun or Rifle in Texas?
As long as you are over the age of 18, you can own a shotgun or rifle without a permit. However, it’s important to understand that, while private sales may not require background checks, federal law requires background checks when purchasing from licensed dealers. Additionally, some weapons, like short-barreled rifles, are subject to heavy federal regulations.
Do I Need an Owner’s License to Possess a Firearm in Texas?
To possess a firearm in Texas, you do not need an owner’s license. Owner’s licenses are not required under Texas law for firearms. This means there is no statewide licensing system, but the police may still verify your eligibility during encounters. Similarly, federal law still applies, meaning someone convicted of domestic violence would be unable to purchase a firearm.
Am I Allowed to Carry a Firearm Concealed in Texas?
You are permitted to carry concealed under Texas law. While Texas now allows permitless handgun carrying, obtaining a license to carry can provide additional legal protections.
Where Carry May Be Restricted
- Schools and other educational institutions
- Polling locations during elections
- Courts, municipal buildings, and other government locations
- Businesses displaying adequate legal signage
Does Texas recognize the Castle Doctrine?
Texas law recognizes the Castle Doctrine. The Castle Doctrine gives Texas residents the right to use deadly force against intruders in their homes. As Texas residents, you are able to protect yourself from unlawful or forced intrusions by using deadly force. For example, if someone breaks into your home, you have the right to use your firearm for self-defense purposes.
Legal Limitations of the Castle Doctrine
- Use of force must be reasonable and justified
- This generally applies to your home and vehicle
- May apply to a workplace or business in some circumstances
- This does not protect unlawful activity
- Misapplication of this protection can result in criminal charges
Who Cannot Legally Own a Firearm in Texas?
While many individuals in Houston and throughout the Lone Star State reserve their right to bear arms, as mentioned, certain individuals may have this right revoked.
Individuals Prohibited From Owning a Firearm
- Convicted felons (with limited exceptions after a period of time)
- Individuals with domestic violence offense convictions
- Those with certain protective orders issued against them
- Those deemed mentally incompetent
- Unlawful immigrants, in accordance with federal law
How Do I Purchase a Firearm in Texas?
If you want to legally purchase a firearm in Texas, you must complete the process through a federally registered firearms dealer. This includes filing the correct federal paperwork and undergoing a background check prior to obtaining the firearm.
General Overview of the Purchasing Process
- Visit a Federal Firearms License dealer
- Complete ATF Form 4473
- Undergo a background check through the National Instant Criminal Background Check System (NICS)
- Receive approval, delay, or denial
- Complete the purchase if approved
Contact Our Experienced Houston Criminal Defense Firm
We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, gun law violations, and other criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.