Texas

Last updated April 13, 2012

In our publication Gun Laws Matter 2012: Understanding the Link Between Weak Laws and Gun Violence, the Law Center ranked each state based on a review of state laws in 29 different firearms-related policy areas. Texas ranked 35th out of 50 – having enacted few gun violence prevention laws. Among other things, Texas requires the reporting of mentally ill individuals to the federal database used for firearm purchaser background checks.

Texas law does not, however:

• Require a background check prior to the transfer of a firearm between unlicensed individuals;
• Require firearms dealers to obtain a state license;
• Regulate the transfer or possession of assault weapons, 50 caliber rifles, or large capacity ammunition magazines;
• Require gun owners to obtain a license, register their firearms, or report lost or stolen firearms;
• Limit the number of firearms that may be purchased at one time;
• Regulate unsafe handguns (“junk guns” or “Saturday night specials”);
• Significantly regulate ammunition;
• Allow local governments to regulate firearms; or
• Give local law enforcement discretion to deny a concealed handgun permit.

In 2009, 2,691 people died from firearm-related injuries in Texas. In addition, according to data published by Mayors Against Illegal Guns, in 2007, 2008, and again in 2009, Texas exported the fourth largest number of crime guns among the states. Texas also is consistently the state that supplies the greatest number of crime guns to Mexico. In 2009, 40% of the Mexican crime guns that were traced to the U.S. were originally sold in Texas.
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See our Prohibited Purchasers policy summary for a comprehensive discussion of this issue.

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Texas law provides that a person who has previously been convicted of a felony commits a felony of the third degree if he or she possesses a firearm:

• After conviction and before the fifth anniversary of his or her release from confinement following the conviction of the felony or from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

• Anytime following the fifth anniversary of his or her release from confinement or supervision, if at any location other than the premises at which the person lives.¹

Texas law also provides that a person who has been convicted of certain assault-related misdemeanors involving a member of the person’s family or household commits a misdemeanor if he or she possesses a firearm before the fifth anniversary of the later of:

• The date of his or her release from confinement following conviction of the misdemeanor; or

• The date of his or her release from community supervision following conviction of the misdemeanor.²

For prohibitions against subjects of protective orders, see the Texas Domestic Violence and Firearms section.

For information on the background check process used to enforce these provisions, see the Texas Background Checks section.

1. Tex. Penal Code § 46.04(a). [↩]
2. Tex. Penal Code § 46.04(b). [↩]

There is no minimum age to possess firearms under Texas law. Texas law prohibits intentionally or knowingly selling, renting, leasing, or giving or offering to sell, rent, lease, or give any firearm to any child younger than age 18.¹ However, it is an affirmative defense to this offense that the parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.² Federal age restrictions impose stricter limits.

See our Minimum Age to Purchase / Possess Firearms policy summary for a comprehensive discussion of this issue.

For additional information related to child safety, see the Texas Child Access Prevention section.

1. Tex. Penal Code § 46.06(a)(2). [↩]
2. Tex. Penal Code § 46.06(c). [↩]

See our Domestic Violence and Firearms policy summary for a comprehensive discussion of this issue.

Texas law does not:

• Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal or state law; or

• Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.

Firearm Prohibitions for Domestic Violence Misdemeanants

Texas prohibits firearm possession by domestic violence misdemeanants for five years following release from confinement or community supervision.¹ These gun possession prohibitions attach to a domestic violence misdemeanor offender for offenses committed against: 1) a former or current dating partner of the offender or someone with whom the offender has had a romantic relationship; 2) any present or former household member or cohabitant of the offender, regardless of their relationship to the offender; and 3) specified family members of the offender, regardless of whether they reside with the offender.² However, a broader federal law prohibits domestic violence misdemeanants from possessing firearms regardless of when the conviction occurred.

If a person is convicted of a misdemeanor involving family violence, the court must notify the person of the fact that it is unlawful for the person to possess or transfer a firearm or ammunition.³

A peace officer who is issuing a citation for certain misdemeanors is required to provide the person with the following written notice:

If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney.⁴

A court that is accepting a plea of guilty or a plea of nolo contendere by a defendant charged with a misdemeanor involving family violence must admonish the defendant using the same statement, either orally or in writing.⁵

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders

Texas law prohibits firearm possession by any person (other than an active, sworn, full-time, paid peace officer) who is subject to a protective order for a party to a suit for dissolution of a marriage, a protective order for family violence, a magistrate’s order for emergency protection following an arrest for family violence, sexual assault or stalking, a protective order for a victim of sexual assault, or a domestic violence protective order issued by another jurisdiction if he or she has received notice of the order.⁶

The firearm possession prohibitions attach to a person who violates a domestic violence protective order issued for violence he or she committed against: 1) a former or current dating partner of the offender or someone with whom the offender has had a romantic relationship; 2) any present or former household member or cohabitant of the offender, regardless of their relationship to the offender; and 3) specified family members of the offender, regardless of whether they reside with the offender.⁷

If a court issues a temporary ex parte order for family violence, the order may direct the subject of the order to do or refrain from doing specific acts, but does not specify whether specifically prohibiting the subject from possessing a firearm is a permissible restriction.⁸ Nevertheless, any protective order for family violence, including a temporary ex parte order, must contain the following statement: “It is unlawful for any person, other than a peace officer, as defined by section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to a protective order to possess a firearm or ammunition.”⁹

Protective orders for victims of sexual assault and victims of human trafficking, even temporary ex parte orders, must also contain this statement.¹⁰

A magistrate issuing a protective order following an arrest for family violence, sexual assault or stalking or a court issuing a protective order against family violence must suspend the perpetrator’s license to carry a concealed handgun.¹¹ Courts also have authority to suspend a license when issuing a protective order for a victim of sexual assault or human trafficking (even when an arrest is not made).¹²

1. Tex. Penal Code § 46.04(b). See also Tex. Penal Code § 22.01(a). [↩]
2. Tex. Fam. Code §§ 71.0021, 71.003, 71.005, 71.006. [↩]
3. Tex. Code Crim. Proc. art. 42.0131 [↩]
4. Tex. Code Crim. Proc. art. 14.06(b). [↩]
5. Tex. Code Crim. Proc. art. 27.14(e)(1). [↩]
6. Texas Penal Code § 46.04(c). Texas law also prohibits the knowing or intentional possession of a firearm in violation of an outstanding court order issued under Tex. Code Crim. Proc. art. 17.292, Tex. Fam. Code § 6.504, Tex. Fam. Code Chapter 85, Tex. Fam. Code Chapter 83 (temporary ex parte protective orders; applies only if the temporary ex parte order has been served on the person), or by another jurisdiction as provided under Tex. Fam. Code Chapter 88. Tex. Penal Code § 25.07(a). See also Tex. Fam. Code § 85.022(b)(6) (authorizing courts to prohibit the subject of a protective order who committed family violence from possessing a firearm); Tex. Penal Code § 38.112(a)(3) (prohibiting the knowing possession of a firearm in violation of a protective order granted to a victim of sexual assault); and Tex. Crim Proc. Code art. 7B.06(a)(D) (authorizing courts to prohibit the subject of a protective order for a victim of human trafficking from possessing a firearm). [↩]
7. Tex. Fam. Code §§ 71.0021, 71.003, 71.005, 71.006. Tex. Penal Code § 25.07(a), (b). [↩]
8. Tex. Fam. Code § 83.001. [↩]
9. Tex. Fam. Code § 85.026. [↩]
10. Tex. Code Crim. Proc. art. 7A.06, 7B.07(a). [↩]
11. Tex. Code Crim. Proc. art. 17.292(l). [↩]
12. Tex. Crim. Proc. Code art. 7A.05(c), 7B.06(c); Tex. Fam. Code § 85.022(d). [↩]

(This section was last updated April 1, 2011.)

Texas has no law requiring the removal of firearms from persons who have become prohibited from possessing them.

See our Background Checks policy summary for a comprehensive discussion of this issue.

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Texas is not a point of contact state for the NICS. Texas has no law requiring firearms dealers to initiate background checks prior to transferring a firearm. As a result, in Texas, firearms dealers must initiate the background check required by federal law by contacting the FBI directly.¹

Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions. As a result, concealed handgun license holders in Texas are exempt from the federal background check requirement when purchasing a handgun.² (Note, however, that people who have become prohibited from possessing firearms may continue to hold state firearms licenses if the state fails to remove these licenses in a timely fashion.)

Texas does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See our Private Sales policy summary for a comprehensive discussion of this issue.

1. Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map (last visited April 10, 2012). [↩]
2. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department of Justice, Brady Law: Permanent Brady Permit Chart (Aug. 26, 2011), at: http://www.atf.gov/firearms/brady-law/permit-chart.html. [↩]

See our Mental Health Reporting policy summary for a comprehensive discussion of this issue.

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”¹ No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

A law adopted in Texas in 2009 requires the Department of Public Safety (“Department”) to establish a rule for the submission of information to the FBI for use in NICS. The law requires the clerk of a court to prepare and submit information to the Department within 30 days whenever the court:

• Orders a person to receive inpatient mental health services;

• Acquits a person in a criminal case by reason of insanity or lack of mental responsibility;

• Commits a person determined to have mental retardation for long-term placement in a residential care facility;

• Appoints a guardian of the incapacitated adult individual, based on the determination that the person lacks the mental capacity to manage the person’s affairs;

• Determines a person is incompetent to stand trial; or

• Finds a person is entitled to relief from disabilities.²

The information that must be submitted is:

• The complete name, race, and gender of the person;

• Any known identifying number of the person, including social security number, driver’s license number, or state identification number;

• The person’s date of birth; and

• The information that causes the person to be prohibited from possessing firearms.³

If an order previously reported to the Department is reversed by an appellate court, it is the duty of the clerk of the court to notify the Department of the reversal.⁴

The law requires the clerk of the court to forward this information to the Department in an electronic format as prescribed by the Department, if practicable.⁵ The law requires the Department to establish a procedure, by a rule, for submission of this information to NICS.⁶

This information is “confidential,” and the Department may disseminate this information only to the extent necessary to allow the FBI to collect and maintain a list of persons prohibited from possessing firearms.⁷ However, the Department must grant access to this information to the person who is the subject of the information.⁸

The 2009 law also provides a process by which a person who has been discharged from court ordered mental health services may obtain relief from the federal firearms disability,⁹ and requires the Department to establish a rule for submission of this information to NICS.¹⁰

For general information on the background check process and categories of prohibited purchasers or possessors, see the Texas Background Checks section and the section entitled Prohibited Purchasers Generally.

1. 18 U.S.C. § 922(d)(4). [↩]
2. Tex. Gov’t Code § 411.0521(a). [↩]
3. Tex. Gov’t Code § 411.0521(b). [↩]
4. Tex. Gov’t Code § 411.0521(d). [↩]
5. Tex. Gov’t Code § 411.0521(c). [↩]
6. Tex. Gov’t Code § 411.052 (b). See 37 Tex. Admin. Code § 27.141 for the relevant rule. [↩]
7. Tex. Gov’t Code § 411.052(b), (d). [↩]
8. Tex. Gov’t Code § 411.052(c). [↩]
9. Tex. Health & Safety Code § 574.088. [↩]
10. Tex. Gov’t Code § 411.052(e). [↩]

Texas has no law restricting sales or purchases of multiple firearms.

See our Restrictions on Multiple Purchases or Sales of Firearms policy summary for a comprehensive discussion of this issue.

Texas has no laws requiring the retention of sales or background check records by firearm sellers generally, or requiring sales of firearms to be reported to a state or local agency.

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

Texas imposes no waiting period between the time of purchase and the actual physical transfer of a firearm.

See our Waiting Periods policy summary for a comprehensive discussion of this issue.