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Open Carrying/Exposed Firearms
Texas imposes a Class A misdemeanor upon any person that openly carries a handgun on or about the person. Tex. Penal Code Ann. § 46.02. The offense becomes a felony of the third degree if the offense is committed on any premises licensed or issued a state permit for the sale of alcoholic beverages. Id. The provision does not apply to certain security officers, to most persons on their own premises or premises under their control, to persons who are "traveling," or to persons who are engaging in (including going to or from) a lawful hunting or sporting activity. Section 46.15.
Note that it is also a Class A misdemeanor if a concealed handgun licensee carries a handgun on or about the person under the authority of subchapter H, Government Code Annotated § 411.171, et seq., and intentionally fails to conceal the handgun. Tex. Penal Code Ann. § 46.035.
The open carrying of long guns is generally allowed in Texas. However, Texas Penal Code Annotated § 42.01(a)(8) prohibits the display of a firearm in a public place in a manner calculated to alarm.
Possession Restrictions
Texas Penal Code Annotated § 46.03(a) and (g) makes it a third degree felony for any person, including a concealed handgun licensee, to intentionally, knowingly, or recklessly possess a firearm of any sort in the following locations:
On the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or in a passenger transportation vehicle of a school or educational institution unless pursuant to written regulations or written authorization of the institution; On the premises of a polling place on the day of an election or while early voting is in progress; On the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; On the premises of a racetrack; In or into the area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law unless all firearms were checked as baggage in accordance with federal or state law or regulations before entering (see section 46.03(e)); or
Within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution on a day that a sentence of death is set to be imposed, if the person received proper notice that going within 1,000 feet of the premises with a weapon was prohibited or that possessing a weapon within 1,000 feet of the premises was prohibited, unless the actor possesses the firearm while in a vehicle being driven on a public road or while at the actor's residence or place of employment (see section 46.03(i)).
Concealed handgun license holders under subchapter H, Government Code Annotated § 411.171, et seq. are not exempt from the location restrictions of section 46.03. Section 46.03(f).
Any assisted living facility is required to post a "provider's bill of rights" in a prominent place in the facility, stating that a provider of personal care services has the right to "maintain an environment free of weapons." Tex. Health & Safety Code Ann. § 247.065; 40 Tex. Admin. Code § 92.125(b)(2)(I).
It is unlawful to possess a deadly weapon while in a correctional facility or in a secure correctional facility or secure detention facility for juveniles. Tex. Penal Code Ann. § 38.11(d)(2); 37 Tex. Admin. Code §§ 151.21, 343.1.
Texas Alcoholic Beverage Code Annotated §§ 11.61(e) and 61.71(f) state that it is grounds for revocation of certain liquor permits or licenses if it is found, after notice and hearing that the permittee or licensee knowingly allowed a person to possess a firearm in a building on the licensed premises, unless the firearm is a concealed handgun of the same category as the person is licensed to carry under subchapter H, Government Code Annotated § 411.171, et seq. Sections 11.041 and 61.11 require a sign to be displayed in a prominent place on the premises giving notice that it is unlawful to carry a weapon on the premises unless the weapon is concealed handgun of the same category the person is licensed to carry under subchapter H, Government Code Annotated § 411.171, et seq. The sign must be at least 6 inches high and 14 inches wide, must appear in contrasting colors, and shall be displayed in a conspicuous manner clearly visible to the public. Id.
A state administrative regulation allows the holder of a liquor license or permit allowing on-premises consumption of alcoholic beverages to possess firearms on the licensed premises if the firearms are in possession of the licensee/permittee or his or her agent, servant, or employee, or if the firearms are possessed for ceremonial or display purposes and disabled from use as a firearm. 16 Tex. Admin. Code § 36.1(c). The regulation also allows the conduct of certain historical reenactments utilizing firearms on the premises. 16 Tex. Admin. Code § 36.1(d).
Texas Parks & Wildlife Code Annotated § 62.081 prohibits the possession of a firearm on or across the land of the Lower Colorado River Authority. Possession of a firearm is also prohibited in:
All the state-owned riverbeds in LaSalle County (section 82.712); All the state-owned riverbeds in McMullen County (section 82.722); The state-owned land area and water in the Aransas and Poesta rivers in Bee County (section 82.732); and The state-owned riverbeds of the Nueces, Frio, and Atascosa rivers in Live Oak County (section 82.762).
No person may possess a rifle or pistol for shooting on or over the water of Murvaul Lake in Panola County. Section 283.022.
A state administrative regulation states that recipients of medical transportation services and their attendants are not eligible to receive such services if they intentionally, knowingly, or recklessly board a vehicle carrying a handgun or other weapon on or about his or her person. 1 Tex. Admin. Code § 380.207(8).
State administrative regulations prohibit possession of firearms on:
The grounds of a horse racing association (16 Tex. Admin. Code §§ 311.211, 311.215); Meetings of the Windham School District Board of Trustees (19 Tex. Admin. Code § 300.1(h)); Facilities offering or providing chemical dependency treatment services (25 Tex. Admin. Code § 448.505); State parks, if there is a cartridge or projectile in any portion of the mechanism, except when authorized by Commission on State Parks or its director (31 Tex. Admin. Code § 59.134(f)); Public hunting lands, except by persons authorized by the Parks and Wildlife Department to hunt or conduct research on the area (31 Tex. Admin. Code § 65.199(2); State buildings or state grounds within the Capitol Complex, except by a person licensed to carry a concealed handgun (37 Tex. Admin. Code § 3.146(a)); The premises of buildings, offices, facilities, or programs operated by or under contract with the Texas Youth Commission, except in certain areas by a person licensed to carry a concealed handgun (37 Tex. Admin. Code §§ 81.31, 91.7); The premises of a juvenile justice alternative education program (37 Tex. Admin. Code § 348.10(j)); Institutions serving mentally retarded children (40 Tex. Admin. Code § 720.515); Residential treatment centers for children (70 Tex. Admin. Code § 720.537); and Child-care centers (40 Tex. Admin. Code § 746.3707).
An administrative regulation also requires that a sign be posted at each entrance to a nursing facility stating that it is unlawful to carry a handgun on the premises. 40 Tex. Admin. Code § 19.921(e)(11). Similarly, an adult foster care provider must post a bill of rights in a prominent place stating that the provider has the right to refuse to allow the presence of weapons in the home. 40 Tex. Admin. Code § 48.8907(i)(6).
Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
Transporting a handgun without a concealed handgun license is generally a Class A misdemeanor. Tex. Penal Code Ann. §§ 46.02 and 46.035. The provision does not apply to most persons on their own premises or premises under their control, to persons who are "traveling," to persons who are engaging in (including going to or from) a lawful hunting or sporting activity, or to certain security officers. Section 46.15(b). "Premises" includes a recreational vehicle that is being used by the person carrying the handgun as living quarters, regardless of whether that use is temporary or permanent. Section 46.15(g). "Recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. Id. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. Id. A person is presumed to be "traveling" if the person is in a private motor vehicle, is not otherwise engaged in criminal activity (other than a Class C misdemeanor violation of a law or ordinance regulating traffic), is not otherwise prohibited by law from possessing a firearm, is not a member of a "criminal street gang" (as defined by section 71.01), and is not carrying a handgun in plain view. Section 46.15(i).
Section 46.03 prohibits intentionally, knowingly, or recklessly possessing or going with a firearm on a passenger transportation vehicle of a school or educational institution except pursuant to written regulations or written authorization of the institution.
A state administrative regulation prohibits possessing loaded firearms in or on vehicles on public lands, except for certain disabled persons. 31 Tex. Admin. Code §§ 65.201, 65.203(c).
Concealed Weapons Licensing Requirements
Texas is a "shall-issue" state, meaning that local law enforcement must issue a concealed handgun license if the applicant meets certain qualifications. Tex. Gov't Code Ann. § 411.177. Texas Government Code Annotated § 411.172(a) and 37 Texas Administrative Code § 6.11 provide that a person is eligible for a license to carry a concealed handgun if the person:
Is a legal resident of Texas for the six-month period preceding the date of the application or is otherwise eligible for a license under Texas Government Code Annotated § 411.173(a) (which establishes procedures for persons who are legal residents of other states that do not issue licenses to carry concealed handguns and who otherwise meet Texas' eligibility requirements); Is at least 21 years of age; Has never been convicted of a felony; Is not charged with the commission of a Class A or Class B misdemeanor or an offense under Texas Penal Code Annotated § 42.01 (disorderly conduct), or of a felony under an information or indictment; Is not a fugitive from justice for a felony or a Class A or Class B misdemeanor; Is not a chemically dependent person (see Texas Government Code Annotated § 411.172(a)(6), (c)); Has not been convicted two or more times within the past 10-year period of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense (see section 411.172(a)(6), (c)); Has not been diagnosed by a licensed physician or declared by a court to be incompetent to manage his or her own affairs (see section 411.172(a)(7),(d)(3)); Has not entered in a criminal proceeding a plea of not guilty by reason of insanity (see section 411.172(a)(7),(d)(4));
Has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Texas Penal Code Annotated § 42.01 (disorderly conduct); Is fully qualified under applicable federal and state law to purchase a handgun (see the Texas Background Checks section); Has not been “finally determined” to be delinquent in making a child support payment administered or collected by the attorney general; Has not been “finally determined” to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state; Has not been “finally determined” to be in default on a loan made under Tex. Educ. Code Chapter 57; Is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests; Has not, in the past 10 years, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; Has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Texas Government Code Annotated § 411.174 or in a request for application submitted pursuant to section
411.175;
Has not been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability, unless he or she provides a certificate from a licensed psychiatrist stating that the psychiatric disorder or condition is in remission and is not reasonably likely to redevelop (see section 411.172(a)(7), (d)(1), (f)); Does not suffer from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability and that is in remission but reasonably likely to redevelop (see section 411.172(a)(7), (d)(2)(A)); and Does not require continuous medical treatment to avoid redeveloping a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability (see section 411.172(a)(7), (d)(2)(B)).
The following constitutes evidence of a psychiatric disorder or condition likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability:
involuntary psychiatric hospitalization in the preceding five-year period; psychiatric hospitalization in the preceding two-year period; inpatient or residential substance abuse treatment in the preceding five-year period; diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or diagnosis at any time by a licensed physician relating to schizophrenia or delusional disorder, bipolar disorder, chronic dementia (whether caused by illness, brain defect, or brain injury), dissociative identity disorder, intermittent explosive disorder, or antisocial personality disorder.
Section 411.172(e).
A person is not "convicted" if an order of deferred adjudication was entered against the person more than 10 years prior to the application unless the order of deferred adjudication was entered for a felony "offense against a person" or a robbery. Section 411.1711.
Texas requires applicants for concealed handgun licenses to obtain a handgun proficiency certificate as a prerequisite to obtaining a license. Section 411.174(a)(7). The applicant must submit a handgun proficiency certificate no more than two years old in order to obtain a license. 37 Tex. Admin. Code § 6.15(1). A person must successfully complete both classroom and range instruction components of a handgun proficiency course to obtain a certificate. Tex. Gov't Code Ann. § 411.189(b). The course is developed by the director of the Texas Department of Public Safety. Section 411.188(a), 37 Tex. Admin. Code § 6.84. Only a qualified handgun instructor may administer the handgun proficiency course. Tex. Gov't Code Ann. §§ 411.188(b), 411.190.
Under section 411.188(b) and 37 Texas Administrative Code § 6.84(b), the handgun proficiency course must include at least 10, and up to 15, hours of instruction on:
Laws that relate to weapons and to the use of deadly force; Handgun use, proficiency, and safety; Non-violent dispute resolution; and Proper storage practices for handguns (emphasizing storage practices that eliminate the possibility of accidental injury to a child).
The range instruction part of the course must include an actual demonstration by the applicant of his or her ability to safely and proficiently use the category of handgun for which the applicant seeks certification. Tex. Gov't Code Ann. § 411.188(a); 37 Tex. Admin. Code §§ 6.14(a), 6.84(c). An applicant may not be certified unless he or she demonstrates, at a minimum, the degree of proficiency that is required to effectively operate a handgun of .32 caliber or above. Tex. Gov't Code Ann. § 411.188(a); 37 Tex. Admin. Code § 6.84(c).
The proficiency examination must also include a written section on the subjects listed above, as well as the physical demonstration of proficiency in the use and safety procedures of one or more handguns of specific categories and in handgun safety procedures. Tex. Gov't Code Ann. § 411.188(d), 37 Tex. Admin. Code § 6.14(b). Details of the required physical demonstration of proficiency are set forth in 37 Texas Administrative Code § 6.14(d). Range instruction and the proficiency demonstration of license applicants must be conducted at a shooting range facility registered with the Department. 37 Tex. Admin. Code § 6.86. Department personnel may monitor any class or training of license applicants. 37 Tex. Admin. Code § 6.88.
Individuals who successfully complete both the classroom and range components of the proficiency examination will receive a certificate endorsed by their qualified handgun instructor. Tex. Gov't Code Ann. § 411.189(b). The certificate must indicate the category of any handgun for which the applicant demonstrated proficiency during the examination. Id. The categories of handguns are: "SA" (any handguns, whether semi-automatic or not), and "NSA" (handguns that are not semi-automatic). Section 411.179(b).The Department will issue a license to carry handguns only of the categories indicated on the applicant's certificate of proficiency. Section 411.177(a). For information on modifying a license to permit a license holder to carry a handgun of a different category than his or her license indicates, see section 411.184 and 37 Texas Administrative Code § 6.20.
An applicant for a license to carry a concealed handgun must submit a nonrefundable application and license fee of $140. Section 411.174(a)(6); 37 Tex. Admin. Code § 6.15(9). The Department may reduce the fee by 50 percent if the applicant submits proof that the applicant's income is not more than the applicable income level established by the federal poverty guidelines. Tex. Gov't Code Ann. § 411.194; 37 Tex. Admin. Code § 6.16(b). The Department must reduce the fee by 50 percent if the applicant is age 60 or older. Tex. Gov't Code Ann. § 411.195, 37 Tex. Admin. Code § 6.16(a).
Additional application and background check requirements are detailed under Texas Government Code Annotated §§ 411.174 through 411.180, and 411.196, and 37 Texas Administrative Code §§ 6.1-6.3, 6.11-6.18, 6.31-6.32. For circumstances in which a license may be revoked, see Texas Government Code Annotated § 411.186 and 37 Texas Administrative Code § 6.63. For situations where a license may be suspended, see Texas Government Code Annotated § 411.187 and 37 Texas Administrative Code §§ 6.61-6.62.
Section 411.173(a) requires the Department of Public Safety to establish a procedure for a person who meets the eligibility requirements for a license to carry a concealed handgun other than the residency requirement established by section 411.172(a)(1) to obtain a license. This procedure applies if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state. Id. The procedure includes payment of a fee in an amount sufficient to recover the average cost to the Department of obtaining a criminal history record check and investigation on a nonresident applicant. Id. For details about this procedure, see 37 Texas Administrative Code § 6.16(i). A resident of a state issuing a concealed handgun license recognized in Texas by agreement or proclamation may not be issued a Texas license. 37 Tex. Admin. Code § 6.16(k)(2). See the Reciprocity subsection below for further information.
A peace officer who is acting in the lawful discharge of the officer's official duties is authorized to disarm a license holder at any time when the peace officer reasonably believes it is necessary for the protection of the license holder, peace officer or other individuals. 37 Tex. Admin. Code § 6.51.
It is generally unlawful to intentionally, knowingly, or recklessly carry a handgun on or about one's person. Tex. Penal Code Ann. § 46.02. However, section 46.02 does not apply to a person who is carrying a concealed handgun and a valid license to carry a concealed handgun.
At the end of 2006, 258,162 people had Texas licenses to carry a concealed handgun. Melanie Markley, Nearly 260,000 have license to carry weapon, Houston Chronicle, Jan. 27, 2007.
Disclosure or Use of Information
The Department will disclose to a criminal justice agency information contained in its files and records regarding whether a specific individual is licensed to carry a concealed handgun in Texas. Tex. Gov't Code Ann. § 411.192; 37 Tex. Admin. Code § 6.115. The Department shall, on written request and payment of a reasonable fee to cover costs of copying, disclose to any other individual whether a named individual or any individual whose full name is listed on a specified written list is licensed to carry a concealed handgun. Tex. Gov't Code Ann. § 411.192; 37 Tex. Admin. Code § 6.113(a). Information on an individual subject to disclosure includes the individual's name, date of birth, gender, race, and zip code. Tex. Gov't Code Ann. § 411.192; 37 Tex. Admin. Code § 6.113(a). The Department must notify a license holder of any request that is made for information relating to the license holder and provide that name of the person or agency making the request. Tex. Gov't Code Ann. § 411.192; 37 Tex. Admin. Code § 6.113(b).
Generally, all other records are confidential and are not subject to mandatory disclosure, except that the applicant or license holder may be furnished a copy of disclosable records on request and the payment of a reasonable fee. Tex. Gov't Code Ann. § 411.192; 37 Tex. Admin. Code § 6.114.
An administrative regulation requires the Department to prepare a monthly statistical report that includes the number of licenses issued, denied, suspended, or revoked by the Department during the preceding month, listed by age, gender, race and zip code of the applicant or license holder. 37 Tex. Admin. Code § 6.112. Tex. Gov't Code Ann. § 411.193 requires the Department to make this report available on request and payment of a reasonable fee to cover costs of copying.
On request of a local law enforcement agency, the Department shall notify the agency of the licenses that have been issued to license holders who reside in the county in which the agency is located. Tex. Gov't Code Ann. § 411.178; 37 Tex. Admin. Code § 6.116(b). In addition, on a regular basis and on request, the Department shall notify the sheriff of each county of the names of license holders residing in that county. 37 Tex. Admin. Code § 6.116(a).
The Department is required to report annually on its website statistics related to incidents in which a person licensed to carry a handgun is convicted of certain offenses. Tex. Gov't Code Ann. § 411.047.
All test results for the handgun proficiency examination shall be sent to the Department, and the Department shall maintain a record of the results. Section 411.188(f), 37 Tex. Admin. Code § 6.91(a). The instructor of a handgun proficiency course shall keep a record of all certificates of handgun proficiency issued by the instructor and other information required by Department rule. Tex. Gov't Code Ann. § 411.188(i). Additional materials that the instructor of a handgun proficiency course is required to retain are listed at 37 Texas Administrative Code § 6.90. Records must be retained for a period of three years, and must be available for inspection to the Department. Id. The instructor must also report to the Department all pretest and posttest results, but shall not identify the individual applicant. 37 Tex. Admin. Code § 6.91. All reports must be submitted on forms approved by the department within five business days. Id.
Duration & Renewal
Once issued, a Texas license to carry a concealed handgun expires “on the first birthday of the license holder occurring after the fourth anniversary of the date of issuance.” Tex. Gov't Code Ann. § 411.183(a).
To renew a license, a license holder must:
Complete a continuing education course in handgun proficiency per section 411.188(c) (requiring at least four hours of instruction on one or more of the subjects listed in section 411.188(b) (see above), along with any other information the director deems appropriate) not more than six months before the date of application for renewal; Obtain a handgun proficiency certificate (see section 411.189) not more than six months before the date of
application for renewal; and
Submit additional application materials and an application fee to the Department.
Section 411.185.
A renewed license expires on the license holder's birthday, five years after the date of the expiration of the previous license. Section 411.183(b).
A license holder whose license has expired may submit an application to renew the license up to one year after the expiration of the license; after one year, the license holder will be required to reapply as a new applicant. 37 Tex. Admin. Code § 6.21.
Location Limits
Under Texas Penal Code Annotated § 46.035, a concealed handgun license holder is prohibited from intentionally, knowingly, or recklessly carrying a handgun on or about his or her person, regardless of whether the handgun is concealed:
On the premises of a business that has a
permit or license issued under certain chapters of the Texas Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption; On the premises where a high school,
collegiate, or professional sporting event or interscholastic
event is taking place, unless the license holder is a
participant in the event and a handgun is used in the event; On the premises of a correctional
facility; On the premises of a hospital or a nursing
home, unless the license holder has written authorization of
the hospital or nursing home administration, as appropriate,
provided effective notice was given; -
In an amusement park, provided effective
notice was given;
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On the premises of a church, synagogue, or
other established place of religious worship, provided
effective notice was given; or
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At any meeting of a governmental entity,
provided effective notice was given.
Effective "notice" is given if the owner of the property or someone with apparent authority to act for the owner provides notice in one of the following ways:
by oral communication; by a card or other document on which is written the following language: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or by a sign posted on the property that includes the above language in both English and Spanish, appearing in contrasting colors with block letters at least one inch in height; and displayed in a conspicuous manner clearly visible to the public.
Section 30.06(b), (c)(3).
If a license holder carries a handgun on the property of another without effective consent and received "notice" (as defined above) that entry by a license holder on the property with a concealed handgun was forbidden or that remaining on the property with a concealed handgun was prohibited and the license holder failed to depart, the license holder is criminally liable for a Class A misdemeanor. Tex. Penal Code Ann. § 30.06. This prohibition does not apply if the license holder possesses a handgun on property that is owned or leased by a governmental entity. Section 30.06(e).
Under Texas Government Code Annotated § 411.203 and 37 Texas Administrative Code § 6.5., public or private employers have the right to prohibit persons who are licensed to carry concealed handguns from doing so on the premises of the business. A sign prohibiting license holders from carrying a concealed handgun must comply with the requirements for "notice" as defined above. 37 Tex. Admin Code § 6.5.
Texas Government Code Annotated § 411.204 and 37 Texas Administrative Code § 6.4 require businesses possessing permits under specified sections of the Alcoholic Beverages Code and that derive 51% or more of their income from the sale of alcoholic beverages for on-premises consumption, as well as licensed hospitals and nursing homes, to prominently display, in both English and Spanish, a sign stating that it is unlawful for a person licensed to carry a concealed handgun to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and, for the establishments serving alcohol, must include on its face the number "51" printed in solid red at least five inches in height. Id. The sign must also be displayed in a conspicuous manner clearly visible to the public. Id.
Concealed handgun license holders are also subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms subsections above for further information.
Reciprocity
Texas Government Code Annotated § 411.173 governs the issuance of non-resident concealed handgun licenses and reciprocity issues. Under section 411.173(b), the Governor of Texas shall negotiate agreements with other states that issue concealed handgun licenses so that Texas may recognize such licenses. The Governor shall also issue a proclamation that licenses issued by another state are recognized in Texas, if the Texas Attorney General determines that state or local authorities or an agent of the state or local authorities initiates a background check of each applicant for a license issued by that state before the license is issued, to determine the applicants' eligibility to possess a firearm under federal law. Id. The Attorney General is required to make this determination annually for each state, and determine what changes to the statutes of all other states are necessary for Texas to recognize those states' licenses. Section 411.173(c). A resident of a state issuing a concealed handgun license recognized in Texas by agreement or proclamation may not be issued a Texas license. 37 Tex. Admin. Code § 6.16(k)(2).
The states with which Texas has established concealed handgun license reciprocity
agreements are listed on the Texas
Department of Public Safety's Concealed Handgun License Reciprocity page.
That page also lists each proclamation made by the Governor to the effect
that licenses issued by another state are recognized in Texas.
Brady Exemption
Concealed handgun license holders in Texas are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Texas Background Checks section.
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Texas Civil Practice & Remedies Code Annotated § 128.001(b) provides that a
governmental unit (including a municipality or county) may not
bring suit against a firearms or ammunition manufacturer, trade
association, or seller for recovery of damages resulting from, or
injunctive relief or abatement of a nuisance relating to, the
lawful design, manufacture, marketing, or sale of firearms or
ammunition to the public.
The Texas Attorney General, however, may bring such a suit on behalf of the state or any other governmental unit. Section 128.001(e). In addition, a governmental unit acting on behalf of the state or any other governmental unit may also bring such a suit if the suit is approved in advance by the legislature. Section 128.001(c).
Moreover, section 128.001(d) states:
Nothing in this section shall
prohibit a governmental unit from bringing an action against a
firearms manufacturer, trade association, or seller for recovery
of damages for:
-
Breach of contract or warranty as
to firearms or ammunition purchased by a governmental unit;
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Damage or harm to property owned or
leased by the governmental unit caused by a defective firearm or
ammunition;
-
Personal injury or death, if such
action arises from a governmental unit’s claim for subrogation;
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Injunctive relief to enforce a
valid ordinance, statute, or regulation; or
-
Contribution under chapter 33 of the Texas Civil Practice and Remedies Code (relating to proportionate responsibility, where a claimant may not recover damages if the claimant's percentage of responsibility is greater than 50 percent).
In a products liability action brought against a manufacturer or seller of a firearm or ammunition that alleges a design defect in the firearm or ammunition, the burden is on the claimant to prove, in addition to any other elements that the claimant must prove, that:
-
The actual design of the firearm or
ammunition was defective, causing the firearm or ammunition not
to function in a manner reasonably expected by an ordinary
consumer of firearms or ammunition; and
-
The defective design was a producing cause
of the personal injury, property damage, or death.
Tex. Civ. Prac. & Rem. Code Ann. § 82.006(a). Further, the "claimant may not prove the existence of the defective design by a comparison or weighing of the benefits of the firearm or ammunition against the risk of personal injury, property damage, or death posed by its potential to cause such injury, damage, or death when discharged." Section 82.006(b).
Tex. Local Government Code Annotated § 250.001(c) prohibits any person from bringing a nuisance or similar cause of action against a shooting range based on noise if the shooting range is in compliance with all applicable municipal and county ordinances, orders, and rules regulating noise, or if no applicable noise ordinance, order, or rule exists. In addition, section 250.001(b) states:
A governmental official may not seek a civil or criminal penalty against a sport shooting range or its owner or operator based on the violation of a municipal or county ordinance, order, or rule regulating noise:
(1) if the sport shooting range is in compliance with the applicable ordinance, order, or rule; or
(2) if no applicable noise ordinance, order, or rule exists.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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