Texas Gun Laws

[SIG_Fiend]

This thread is purely for posting gun laws, state code, links to related content, etc. No discussion here please, only post links to related information as I want to keep this topic short and to the point for people to reference without wading through lots of posts. Here's some stuff to get the ball rolling:

Texas gun laws

-DPS CHL Information There is a separate sticky in this section specifically for CHL info, this is just a quick reference. (Thanks to TXB4Z for this one)

Here's a few links from the Texas State Code:

-SB378 aka The Castle Doctrine

-HB1815 This is the bill specifically legalizing every state resident that can legally own a firearm to carry one in their car (as long as it is concealed).

 

[idleprocess]

NRA-ILA's concise summary of Texas firearm laws.

 

[SIG_Fiend]

Thank you Idleprocess, that is an excellent compilation from the NRA. After browsing through it, I would like to add a comment. Due to the wording of their section in regards to machineguns, I can see how it might be possible for someone to get the wrong idea. Machineguns, suppressors, short barrel rifles, and all other weapons as classified under the NFA are in fact 100% legal in Texas when registered with the BATFE in the proper manner. The only catch is you have to apply to the BATFE(ATF) to obtain the proper "tax stamp" in order to legally register the firearm. You cannot legally own/possess any of these types of weapons any other way. Basically, anyone that can legally purchase a handgun, rifle, shotgun, etc in Texas can legally purchase a machinegun, suppressor or any other NFA item provided you apply through the BATFE. I fully plan on adding another sticky in the future in regards to NFA weapons and regulations, so I'm not elaborating on it here.

 

[SIG_Fiend]

For future reference here's a link to SB 112 and HB 258 (same thing), the bill enacted by Governor Perry as of 9-1-2007 for protection against firearms confiscation in a state of emergency:

SB 112
HB 258


Sec. 418.184. FIREARMS. (a) A peace officer who is acting in the lawful execution of the officer's official duties during a state of disaster may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. (b)The peace officer shall return the firearm to an individual disarmed under Subsection (a) before ceasing to detain the individual unless the officer: (1)arrests the individual for engaging in criminal activity; or (2)seizes the firearm as evidence in a criminal investigation. SECTION 3. Section 229.001, Local Government Code, is amended by adding Subsection (d) to read as follows: (d)The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.

 

[Jonas]

ranges

You may want to carry your tax transfer approval form with you when you go to the ranges, otherwise some range attendants don't understand the law and they call the police.
Personally I recommend to tell the attendant and show him the paprework before you start shooting.

-jonas

 

[TurnedTurtle]

First post here.

I am an OK resident but will be working in TX approximately 20 days a month for the next 3 to 6 months. My question is whether or not I am legal to carry a loaded concealed hand gun in my vehicle while in Texas? I know I will be ok when I get my concealed carry permit here in OK but I'm still probably 60 days out. I have read the linked material in this thread but can't seem to find anything that defines residency status or whether or not it even matters.

Can any of you folks point me in the right direction to find an answer to my question?

Any help will be appreciated.

 

[nalioth]

First post here.

I am an OK resident but will be working in TX approximately 20 days a month for the next 3 to 6 months. My question is whether or not I am legal to carry a loaded concealed hand gun in my vehicle while in Texas? I know I will be ok when I get my concealed carry permit here in OK but I'm still probably 60 days out. I have read the linked material in this thread but can't seem to find anything that defines residency status or whether or not it even matters.

Can any of you folks point me in the right direction to find an answer to my question?

Any help will be appreciated.

You are expected to obey Texas laws while in Texas.

Yes, anyone who can legally own a handgun can carry it in their vehicle under the law linked above.

 

[nero14]

Everywhere i have read says its fine to carry a handgun in your car under the laws stated above, but it specifically says "handgun" (Including HB1815). I am 19, legally not allowed to own a handgun due to not being 21, and legally allowed to own a long gun, am i allowed to carry one of my rifles under the laws stated above?

Thanks in advance.

 

[nalioth]

Everywhere i have read says its fine to carry a handgun in your car under the laws stated above, but it specifically says "handgun" (Including HB1815). I am 19, legally not allowed to own a handgun due to not being 21, and legally allowed to own a long gun, am i allowed to carry one of my rifles under the laws stated above?

Thanks in advance.

In Texas, you can legally own a handgun at 18, you just can't buy one from a federally licensed dealer until you're 21.

If you legally own a handgun, you can carry it in your vehicle as described above.

Rifles and shotguns are not covered under the above law, as they are not restricted at all.

 

[nero14]

In Texas, you can legally own a handgun at 18, you just can't buy one from a federally licensed dealer until you're 21.

If you legally own a handgun, you can carry it in your vehicle as described above.

Rifles and shotguns are not covered under the above law, as they are not restricted at all.

So i can legally purchase a handgun FTF?

 

[Old Man of the Mountain]

So i can legally purchase a handgun FTF?

You are still considered a child until you are 21 here in Texas, that's for your own protection.

Most children who have a firearm of their own, that firearm was purchased by their father, who trusts them enough, and feels that they are responsible enough, to have a firearm of their own.

 

[txinvestigator]

In Texas, you can legally own a handgun at 18, you just can't buy one from a federally licensed dealer until you're 21.

If you legally own a handgun, you can carry it in your vehicle as described above.

Rifles and shotguns are not covered under the above law, as they are not restricted at all.

Texas does not regulate the "ownership" of handguns. It regulates the possession, carry, etc.

There is no age restriction on possession. Even PC 46.13 (Making a Firearm Accessable to a Child) only applies to the adult who failed to secure a firearm from access to a person under 17. And this applies to rifles and shotguns.

 

[txinvestigator]

You are still considered a child until you are 21 here in Texas, that's for your own protection.

Uhh, no. An 18 year old has reached the age of majority for civil purposes. 17 years is the age in which a person becomes an adult for criminal justice purposes in the State of Texas.

 

[txinvestigator]

Everywhere i have read says its fine to carry a handgun in your car under the laws stated above, but it specifically says "handgun" (Including HB1815). I am 19, legally not allowed to own a handgun due to not being 21, and legally allowed to own a long gun, am i allowed to carry one of my rifles under the laws stated above?

Thanks in advance.

You can posses a handgun in Texas under 21. As has been stated, you can also buy one, just not from an FFL.

Yes, you can carry a rifle.

 

[Old Man of the Mountain]

Uhh, no. An 18 year old has reached the age of majority for civil purposes. 17 years is the age in which a person becomes an adult for criminal justice purposes in the State of Texas.

It used to be that a youngster could not be held to a contract if that youngster was under 21 years of age. An adult that entered into such a contract could be bound by the terms of the contract, but not the youngster. Has that been changed?

 

[Texas1911]

It used to be that a youngster could not be held to a contract if that youngster was under 21 years of age. An adult that entered into such a contract could be bound by the terms of the contract, but not the youngster. Has that been changed?

As far as I know it's 18 years of age, hence why the majority of loans, credit cards, etc. all require you to be 18 years of age.

 

[nalioth]

The only restrictions for over 18 and under 21 are for

1) buying handguns from licensed dealers

2) buying alcohol

Otherwise, the legal age of an "adult" has been 18 for decades.

 

[txinvestigator]

It used to be that a youngster could not be held to a contract if that youngster was under 21 years of age. An adult that entered into such a contract could be bound by the terms of the contract, but not the youngster. Has that been changed?

I am 47 years old, and the age of majority when I was in High School was 18. 17 for criminal justice matters.

Still is.

10 to be criminally responsible in the Juvenile Justice System)

14 to solo in a glider

14 to be employed (exceptions for things like TV and movies)

15 to obtain a Driver License (instruction permit)

16 to marry with parental consent

16 to obtain a Private Pilots license

17 To be an adult in the criminal justice system ( and can no longer be a runaway)

17 to Join the military with parental permission

18 to serve alcohol (16 in wine only package stores)

18 to get a driver license without other training

18 to join the military without parental consent

18 to Vote

18 to be a Texas Peace Officer IF he has 60 hours of college or an honorable discharge from the Military

18 to be an Armed Guard

18 to obtain a CHL if military

21 age to consume alcohol (unless accompanied by adult parent, spouse or guardian)

21 to obtain a CHL

21 Age to be a Texas Peace Officer

25 age to be a US representative

30 age to be a US Senator

35 age to be US President




More?

 

[black2002la]

I've a question. I am the manager of a bar. I've been told by a few it is legal for me as the operator of the bar to have a gun on premise for protection. I'm not a CHL holder, yet, and I haven't applied yet. I've read the law and I understand it as I have the legal right to have a gun on premise. I would keep it secure in our safe, and would keep it on my person in a CC holster after hours. Any input?

We had an incident a week ago where someone in my bar claimed to have a gun on them and was said to have held a couple of girls up at gun point after closing. I didn't find out about him stating he had a firearm on his person until we had closed and he was gone.

 

[txinvestigator]

I've a question. I am the manager of a bar. I've been told by a few it is legal for me as the operator of the bar to have a gun on premise for protection. I'm not a CHL holder, yet, and I haven't applied yet. I've read the law and I understand it as I have the legal right to have a gun on premise. I would keep it secure in our safe, and would keep it on my person in a CC holster after hours. Any input?

.

What good would the gun in the safe do you?

Texas Penal Code
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control;





Sec. 46.15. NONAPPLICABILITY.

(b) Section 46.02 does not apply to a person who:


(8) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises;