Texas gun laws

A plain-English overview of buying, owning and carrying firearms in Texas, with the statutes so you can read them yourself.

This is general information, not legal advice. Laws change and the details matter. Read the current Texas Penal Code, Government Code and federal law, check the Texas DPS pages, and talk to a Texas attorney about your own situation. Reviewed September 2026.

Buying a gun

No permit to buy and no registration. Texas issues no purchase permit or license and keeps no registry of firearms or owners.
From a dealer: federal rules apply, so ATF Form 4473 and a background check. Dealers sell handguns to buyers 21 and older and long guns to buyers 18 and older.
The check runs through NICS. Texas dealers contact the FBI National Instant Criminal Background Check System directly. Most answers come back in minutes.
License to Carry holders: ATF treats a current Texas LTC as an alternative to the NICS check under the Brady permit exception, so a dealer may transfer to an LTC holder without calling it in. Dealers are not required to use the exception, and some run the check anyway. Confirm with your dealer.
No waiting period. If the check clears, the transfer can be finished the same visit.
Private sales: Texas does not require a background check between two Texas residents, but Penal Code 46.06 makes it an offense to transfer a firearm to someone you know intends to use it unlawfully, to a person who is intoxicated, or to a child under 18 without written parental consent, and federal law bars sales to anyone you know or have reason to believe is prohibited.
Buying online: the firearm ships to a licensed dealer, who runs the check when you pick it up, the same way we ship every gun.

Owning a gun

No magazine-capacity limit anywhere in the state.
No state assault-weapon law. AR-15s, AK-pattern rifles and standard magazines are ordinary sporting goods in Texas.
Suppressors and short-barreled rifles are legal to own in Texas with federal NFA approval. We do not sell NFA items.
Storage around children: Penal Code 46.13 makes it an offense to leave a readily dischargeable firearm where a child under 17 is likely to get it. A quick-access safe solves this.
Felons: Penal Code 46.04 bars possession for five years after release from confinement or supervision, and after that permits it only at the residence. Federal law still bars felons from possessing firearms at all, so the state rule does not restore federal rights.

Carrying a gun

Permitless carry since September 1, 2021. HB 1927 rewrote Penal Code 46.02 so that an adult 21 or older who may lawfully possess a handgun, and who has not been convicted of the listed misdemeanors in the past five years, can carry it in a holster, openly or concealed, without a license.
The License to Carry still exists. Texas DPS issues it under Government Code 411.171 and the sections that follow. It adds reciprocity in other states, the NICS alternative above, and different rules on private-property signage. See our License to Carry guide.
In a vehicle: Penal Code 46.02 lets a person who may lawfully possess a handgun keep it in a vehicle or watercraft they own or control, in plain view only if it is in a holster.
Long guns: Texas does not license the carrying of rifles or shotguns, but displaying one in a manner calculated to alarm is disorderly conduct under Penal Code 42.01.
Intoxication: carrying a handgun while intoxicated is an offense under Penal Code 46.02, license or not.

Local rules and preemption

Texas reserves firearm regulation to the state. Local Government Code 229.001 bars a city from regulating the transfer, private ownership, keeping, transportation, licensing or registration of firearms, air guns, knives, ammunition or firearm supplies, and 236.002 applies the same rule to counties. That is why the buying and carry rules in Houston, Dallas, Austin, San Antonio, Fort Worth and unincorporated county land are identical. Cities keep authority over the discharge of firearms inside their limits, their own buildings and meetings, and private property owners can bar firearms from their premises.

Where you cannot carry

Penal Code 46.03 lists the places where carrying a firearm is an offense whether or not you hold a license. The main ones:

Schools and school buses, and the grounds of an educational institution, unless the school authorizes it. Government Code 411.2031 lets LTC holders carry concealed on public college campuses, subject to campus rules.
Polling places on election day and during early voting.
Courts and court offices, unless the court authorizes it in writing.
Racetracks, secured airport areas, and within 1,000 feet of a place of execution on the day of an execution.
Bars that get more than half their revenue from alcohol sold for on-premises consumption (the 51 percent sign).
High school, college and professional sporting events, correctional facilities and civil commitment facilities.
Hospitals, nursing homes, amusement parks and government meetings when the property gives the notice the statute requires.
Private property that posts notice. For people carrying without a license, a plain no-firearms sign or verbal notice under Penal Code 30.05 is enough. LTC holders can only be excluded by the specific 30.06 (concealed) and 30.07 (open) signs.
Federal property, including post offices, federal buildings and courthouses, under federal law regardless of any Texas rule.

Self-defense at home

Penal Code 9.31 and 9.32 set out when force and deadly force are justified. Texas has no duty to retreat for a person who has a right to be where they are, did not provoke the encounter and is not committing a crime, and the statute presumes deadly force is reasonable against someone who unlawfully and with force enters or attempts to enter your occupied home, vehicle or workplace. Civil Practice and Remedies Code 83.001 shields a person who used justified force from civil liability. Our home defense guide covers the guns; a Texas attorney covers the rest.

Hunting

Seasons, legal firearms and bag limits are set by the Texas Parks and Wildlife Department and published in the Outdoor Annual every August. Deer must be taken with a centerfire rifle or handgun, a legal shotgun or a muzzleloader, never a rimfire. Feral hogs are unprotected and can be hunted year-round on private land without a license. See our hog and deer rifle guide for what to buy.

Official sources

Texas Penal Code, Chapter 46 — statutes.capitol.texas.gov
Texas Government Code, Chapter 411, Subchapter H (License to Carry) — same site
Texas Department of Public Safety — dps.texas.gov (License to Carry, reciprocity)
Texas Parks and Wildlife Department — tpwd.texas.gov (hunting seasons and licenses)
ATF — atf.gov (federal firearms rules, Brady permit chart)

Do you need a permit to buy a gun in Texas?

No. Texas has no permit to purchase, no purchase license and no firearm registration. You buy from a licensed dealer, complete ATF Form 4473 and pass the background check at the counter.

Is there a waiting period to buy a gun in Texas?

No. Texas sets no waiting period. If the background check clears at the counter, the firearm goes home with you the same visit. A delayed check means the dealer holds the gun until it resolves.

Do private gun sales in Texas need a background check?

Texas does not require a background check for a private sale between two Texas residents, but federal and state law still apply: you may not sell to someone you know or have reason to believe is prohibited, and Penal Code 46.06 bars transfers to intoxicated people, to minors without parental consent and to people who intend to use the gun unlawfully. Selling across state lines has to go through a licensed dealer.

Does Texas register firearms?

No. There is no state registry of firearms or owners. The only record of a dealer sale is the Form 4473 the dealer keeps.

Does Texas limit magazine capacity or ban certain rifles?

No. Texas has no magazine-capacity limit and no state assault-weapon law. Federal law still applies, including the National Firearms Act for suppressors, short-barreled rifles and machine guns.

Can you carry a handgun in Texas without a license?

Yes, since September 1, 2021. Under HB 1927 an adult 21 or older who may lawfully possess a handgun and is not otherwise barred by Penal Code 46.02 can carry it in a holster, openly or concealed, in most public places. Place restrictions in Penal Code 46.03 still apply. See our License to Carry guide for the details and the age question.

Can a city in Texas make its own gun rules?

Generally no. Local Government Code 229.001 bars cities from regulating the transfer, possession, ownership, carrying or storage of firearms, ammunition and components, and 236.002 does the same for counties. Cities may still regulate the discharge of firearms inside city limits and the use of their own property.

Who is prohibited from having a gun in Texas?

Federal law (18 U.S.C. 922(g)) bars felons, people subject to certain protective orders, unlawful drug users and others. Texas Penal Code 46.04 adds its own rule for felons: no possession until five years after release from confinement or supervision, and after that only at the home. Talk to a Texas attorney before handling a firearm if a past case might apply to you.

Can a non-resident buy a gun in Texas?

Under federal law a non-resident can buy a rifle or shotgun from a Texas dealer if the sale is legal in both Texas and the home state. A handgun can only be transferred to a non-resident by a licensed dealer in their own state, so we ship handguns to an FFL in the state where you live.

Do I need a hunting license to shoot feral hogs in Texas?

Not on private land. Since 2019 (Parks and Wildlife Code 42.002) no hunting license is needed to take feral hogs on private property with the landowner consent. Hunting them on public land, and hunting any game animal, still requires a Texas hunting license from TPWD.