Texas

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Purchase/Possession Prohibitions

Texas prohibits the transfer of ammunition to some, but not all, of the same categories of persons who are prohibited from purchasing firearms under state law. Texas prohibits any person from intentionally, knowingly, or recklessly selling ammunition to any person who is intoxicated, and from knowingly selling ammunition to any person who has been convicted of a felony before the fifth anniversary of the later of: 1) the person’s release from confinement following conviction of the felony; or 2) the person’s release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony. Tex. Penal Code Ann. § 46.06(a)(3) – (4).

Regulation of Unreasonably Dangerous Ammunition

Texas prohibits the intentional or knowing possession, manufacture, sale, transportation or repair of any armor-piercing ammunition, designed for use principally in handguns. Tex. Penal Code Ann. § 46.01(12), 46.05(a)(7).

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearm purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System ("NICS") were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Texas, all firearm transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Texas has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Tex. Penal Code Ann. § 46.04. Section 46.04(a) 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.

Section 46.04(b) provides that a person who has been convicted of an offense under Texas Penal Code Annotated § 22.01 (assault-related offenses), punishable as a Class A misdemeanor and involving a member of the person's family or household, commits a Class 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.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). 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 Carrying Firearms section.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Texas, although federal and state purchaser prohibitions still apply. See the Texas Private/Secondary Sales section.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Open Carrying/Exposed Firearms

Texas imposes a Class A misdemeanor upon any person that openly carries a handgun, whether loaded or unloaded, 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, inter alia, 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.

Texas also imposes a Class A misdemeanor upon a concealed handgun licensee who carries a handgun on or about his or her 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(a).

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) impose a third degree felony upon any person, including a concealed handgun licensee, who intentionally, knowingly, or recklessly possesses a firearm of any sort:

• 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 are not exempt from the aforementioned location restrictions, listed under 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(b)(9);; 40 Tex. Admin. Code § 92.125(b)(2)(I).

Texas prohibits the possession of 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. Alcoholic Beverage Code Ann. §§ 11.041, 61.11.

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 are not eligible to receive such services if they or their attendants intentionally, knowingly, or recklessly board a vehicle carrying a handgun. 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(g); only handgun, not long gun, possession is prohibited);

• 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, 97.1);

• The premises of a juvenile justice alternative education program (37 Tex. Admin. Code § 348.10(j)); and

• Child-care centers (40 Tex. Admin. Code § 746.3707(b)).

Signs must 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 § 19.1921(e)(11). Adult foster care providers 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 handgun license 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 any person who is licensed to carry a concealed handgun. Section 46.15(b)(6). For other narrow exceptions to transporting a handgun without a license, see Section 46.15(b).

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(b),(c), 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) provides 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(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 constitute 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 § 6.12(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). 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), 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). 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).

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). 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 § 6.83. Department personnel may monitor any class or training of license applicants. 37 Tex. Admin. Code § 6.85.

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.

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). 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. The Department must reduce the fee by 50 percent if the applicant is age 60 or older. Tex. Gov't Code Ann. § 411.195.

Additional application and background check requirements are detailed under Texas Government Code Annotated §§ 411.174 through 411.180, and 411.196, and 37 Texas Admin. Code §§ 6.11 – 6.15. For circumstances in which a license may be revoked, see Texas Government Code Annotated § 411.186. For situations where a license may be suspended, see Texas Government Code Annotated § 411.187.

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. See the Reciprocity subsection below for further information.

Texas generally prohibits the intentional, knowing or reckless carrying of a handgun on or about one’s person. Tex. Penal Code Ann. § 46.02(a). 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. Section 46.15(b)(6).

At the end of 2006, 258,162 people possessed 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(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(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 agency making the request. Tex. Gov't Code Ann. § 411.192(c).

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(a), (b).

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. Tex. Gov't Code Ann. § 411.193 requires the Department to make this report available on request and payment of a reasonable fee.

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. 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). 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 Admin. Code § 6.87. Records must be retained for a period of three years, and must be available for inspection to the Department. Id. The instructor must report to the Department only whether the applicant passed or failed the training course. 37 Tex. Admin. Code § 6.88. All reports must be submitted on Department-approved forms 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.

The fee for a renewal is $70. 37 Tex. Admin. Code § 6.15(c). A renewed license expires on the license holder's birthday, five years after the date of the expiration of the previous license. Tex. Gov’t Code Ann. § 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. 37 Tex. Admin. Code § 6.15(a). After one year, the license holder will be required to reapply as an original applicant. Id.

          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;

• On the premises of a church, synagogue, or other established place of religious worship, provided effective notice was given; or

• 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 by:

• Oral communication;

• 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

• 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, and possession on that government property is otherwise lawful. Section 30.06(e).

Under Texas Government Code Annotated § 411.203, 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.

Texas Government Code Annotated § 411.204 requires 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).

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.

Under Texas Penal Code Annotated § 46.13, if a child under 17 years of age gains access to a readily dischargeable firearm (i.e., loaded with ammunition, whether or not a round is in the chamber), a person is criminally liable if he or she, “with criminal negligence:”

• Failed to secure the firearm (i.e., to take steps a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means); or

• Left the firearm in a place to which the person knew or should have known the child would gain access.

Section 46.13(c) provides an affirmative defense to prosecution for a violation of section 46.13 if the child's access to the firearm:

• Was supervised by a person older than age 18 and was for hunting, sporting, or other lawful purposes;

• Consisted of lawful defense by the child of people or property;

• Was gained by entering property in violation of this code; or

• Occurred during a time when the actor was engaged in an agricultural enterprise.

An offense under section 46.13 is a Class C misdemeanor (up to a $500 fine), unless the child discharges the firearm and causes death or serious bodily injury to himself or another person, in which case the offense rises to a Class A misdemeanor (up to 1 year imprisonment and/or a $4,000 fine). Section 46.13(d), (e).

If the negligent person is a member of the family of the child who discharged the firearm, and the child was killed or seriously injured, an arrest cannot be made until seven days after the offense was committed. Section 46.13(f).

Finally, under section 46.13(g), a firearms dealer must post in a “conspicuous position” on the premises where he or she conducts business a sign that contains the following warning in block letters not less than one inch in height:

IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.

State administrative regulations govern the storage of firearms in:

• Texas youth camps (25 Tex. Admin. Code § 265.17(d));

• Child-placing agencies (40 Tex. Admin. Code § 749.2961);

• Child-care centers (40 Tex. Admin. Code § 746.3707(c), (d)); and

• Child-care homes (40 Tex. Admin. Code § 747.3505).

Texas does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Texas Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Texas Background Checks section.

Firearms dealers are also required to post certain warnings regarding the safe storage of firearms. Tex. Penal Code Ann. § 46.13(g). See the Texas Child Access Prevention section.

A pawnbroker may not display a pistol for sale in a storefront window or sidewalk display case or depict in a sign or advertisement in such a way that the pistol, sign, or advertisement may be viewed from a street. Tex. Fin. Code Ann. § 371.179.

Number of Federally Licensed Firearms Dealers

There are 4,602 federally licensed firearms dealers and pawnbrokers in Texas. Federal firearms licensee totals for Texas as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Firearm Prohibitions for Domestic Violence Misdemeanants

Texas prohibits firearm possession by domestic violence misdemeanants for five years following release from confinement or community supervision. Tex. Penal Code Ann. § 46.04(b). See also Tex. Penal Code Ann. § 22.01(a).

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 (Tex. Fam. Code Ann. § 71.0021); 2) any present or former household member or cohabitant of the offender, regardless of their relationship to the offender (Tex. Fam. Code Ann. §§ 71.005, 71.006); and 3) specified family members of the offender, regardless of whether they reside with the offender (Tex. Fam. Code Ann. § 71.003).

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Texas Penal Code Ann. § 46.04(c) provides that any person (other than an active, sworn, full-time, paid peace officer) who is subject to an order issued under Tex. Fam. Code Ann. § 6.504 (protective orders for a party to a suit for dissolution of a marriage), Tex. Fam. Code Ann. Chapter 85 (issuance of protective order for family violence), Tex. Code Crim. Proc. Ann. art. 17.292 (magistrate’s order for emergency protection); Tex. Code Crim. Proc. Ann. Chapter 7A (protective orders for victims of sexual assault); or by another jurisdiction as provided by Tex. Fam. Code Ann. Chapter 88 (Uniform Interstate Enforcement of Domestic Violence Protection Orders Act) commits a Class A misdemeanor if he or she possesses a firearm after receiving notice of the order and before expiration of the order.

Texas law also prohibits the knowing or intentional possession of a firearm by any person who has an outstanding court order issued under Tex. Code Crim. Proc. Ann. art. 17.292, Tex. Fam. Code Ann. § 6.504, Tex. Fam. Code Ann. Chapter 85, Tex. Fam. Code Ann. 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 Ann. Chapter 88. Tex. Penal Code Ann. § 25.07(a).

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 (Tex. Fam. Code Ann. § 71.0021); 2) any present or former household member or cohabitant of the offender, regardless of their relationship to the offender (Tex. Fam. Code Ann. §§ 71.005, 71.006); and 3) specified family members of the offender, regardless of whether they reside with the offender (Tex. Fam. Code Ann. § 71.003). Tex. Penal Code Ann. § 25.07(a), (b).

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. Tex. Fam. Code Ann. § 83.001.

In Texas, courts are authorized to prohibit the subject of a protective order who committed family violence from possessing a firearm. Tex. Fam. Code Ann. § 85.022(b)(6). A court may also suspend the license to carry a concealed handgun held by a person who has an active order issued for committing family violence. Section 85.022(d).

Texas prohibits the knowing possession of a firearm by any person subject to a protective order for the victim of sexual assault issued under Tex. Crim. Proc. Code Ann. art. 7A.05(a)(2)(D). Tex. Penal Code Ann. § 38.112(a)(3). Courts also have authority under a protective order issued for a victim of sexual assault to suspend the perpetrator’s license to carry a concealed handgun. Tex. Crim. Proc. Code Ann. art. 7A.05(c).

According to Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Texas maintains fully automated domestic violence misdemeanor and protective order data on a statewide network.

For general information on the background check process and categories of prohibited purchasers/possessors, see the Texas Background Checks section.

No relevant statutes currently exist.

A state administrative regulation requires that a holder of a permit or license under the Texas Alcoholic Beverage Code may use or allow a portion of the grounds, buildings, vehicles and appurtenances of the licensed premises to be used for gun shows only if the permittee/licensee operates its licensed premises at a facility regularly used for special functions under a lease, concession, or similar agreement from a governmental entity or legally formed and duly recognized civic, religious, charitable, fraternal or veterans organization. 16 Tex. Admin. Code § 36.1(a). The permittee/licensee must suspend all sales, complimentary offers and consumption of all alcoholic beverages during the gun show, including the time required for set-up and dismantling of the gun show. Id.

See the Texas Private/Secondary Sales section for state laws that apply at gun shows.

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;

• 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;

• 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.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law 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.

There is no law in Texas requiring the reporting of mental health information to NICS.

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), court records in Texas are manually checked for mental illness dispositions.

For general information on the background check process and categories of prohibited purchasers/possessors, see the Texas Background Checks section.

There is no minimum age to possess firearms under Texas law, although federal law generally prohibits the possession of a handgun or handgun ammunition by anyone under the age of 18. 18 U.S.C. § 922(x)(2), (3) and (5).

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. Tex. Penal Code Ann. § 46.06(a)(2). 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. Section 46.06(c). Federal law prohibits firearms dealers from selling or delivering handguns or ammunition for handguns to any person the dealer knows or has reasonable cause to believe is under the age of 21. 18 U.S.C. § 922(b)(1), (c)(1). Federal law also prohibits unlicensed persons from selling, delivering or otherwise transferring a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5).

An applicant for a license to carry a concealed handgun under Texas law must be at least 21 years of age. Tex. Gov't. Code Ann. § 411.172(a)(2).

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Texas, although federal and state purchaser prohibitions still apply.  See the Texas Background Checks section.

Texas Penal Code Annotated § 46.06(a) states that a person commits a Class A misdemeanor if he or she:

• Sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;

• Intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give a firearm to any child younger than age 18. It is an affirmative defense to this charge that the transfer was to a minor whose parent or legal custodian had given written permission for the sale or, if the transfer was other than a sale, the parent or legal custodian had given effective consent (see section 46.06(c)). This offense rises to the level of a "state jail felony" (the lowest class of felony under state law) if the firearm involved is a handgun (see section 46.06(d));

• Intentionally, knowingly, or recklessly sells a firearm or ammunition to any person who is intoxicated;

• Knowingly sells a firearm or ammunition to any person who has been convicted of a felony before the fifth anniversary of the later of: 1) the person’s release from confinement following conviction of the felony; or 2) the person’s release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;

• Sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or

• Knowingly purchases, rents, leases, or receives as a loan or gift a handgun while an active protective order is directed to the person.

A state administrative regulation requires the purchaser of a firearm owned by a state agency and determined by that agency to be "surplus" to be a licensed firearm dealer. 1 Tex. Admin. Code § 126.2(8).

A state administrative regulation requires that holders of certain licenses and permits under the Texas Alcoholic Beverage Code allow the sale or offer for sale of firearms at the licensed location only if alcoholic beverages are not being displayed or sold in any area where firearms are readily accessible or can be viewed, and the firearms are secure from the general public and only accessible by employees of the person or entity offering the firearms for sale. 16 Tex. Admin. Code § 36.1(b).

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.