Texas

Get the latest information on Texas firearm law

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

yes

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of Texas - Tex. Const. Art. I, § 23
"Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State." 

 

Texas has a long history of protecting firearm rights, with significant legal changes and cases shaping its gun laws. The state's commitment to Second Amendment rights began early, but modern developments include the 1995 passage of a law allowing for concealed carry permits. This was a major shift, empowering law-abiding citizens to carry handguns in public. In 2015, Texas expanded gun rights further by enacting open carry for licensed individuals, and in 2017, campus carry laws were introduced, allowing licensed carriers to bring firearms into public university buildings. A key milestone came in 2021 with the passage of HB 1927, which instituted permitless carry, also known as "constitutional carry," allowing Texans 21 and older to carry handguns without a permit.

Permit Eligibility, Training and Application Process

Texas has a long history of firearm laws, with significant developments regarding the license to carry (LTC) over the years. In 1995, Texas enacted its first concealed carry law, allowing individuals to obtain a license after meeting certain requirements, including a background check and training course. This marked a significant expansion of gun rights in the state. In 2017, Texas further strengthened its gun laws by passing legislation that allowed licensed individuals to carry concealed handguns on college campuses, reflecting the state's strong support for personal firearm rights. The most notable change came in 2021 with the passage of Senate Bill 1927, which established "Constitutional Carry," allowing individuals aged 21 and older to carry handguns without a permit, provided they are legally eligible to own a firearm. This law has underscored Texas's commitment to upholding the Second Amendment.

Eligibility to Obtain a License

Under Tex. Gov't Code Ann. § 411.172, a person is eligible to obtain a license to carry a handgun if the person:

  • is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
  • is at least 18 years of age;
  • has not been convicted of a felony;
  • is not a chemically dependent person;
  • is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
  • has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
  • 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;
  • 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 made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.

Training Requirements to Obtain a Texas LTC:

Under Tex. Gov’t Code Ann. § 411.188, someone seeking a Texas LTC must attend an in-person or online instruction course that may be four to six hours, and must cover the following four (4) statutorily required topics:

  • Laws that relate to weapons and the use of deadly force,
  • Handgun use and safety, including use of restraint holsters and methods to ensure the secure carrying of openly carried handguns,
  • Non-violent dispute resolution,
  • Proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child.
  • They must additionally complete a written examination and a shooting proficiency qualification.

Written Exam: 

  • The written exam is 25 questions long, and a student must score at least 70% (or 18/25) to pass.

Proficiency Demonstration: 

  • The student shall complete a proficiency demonstration with a qualified instructor and earn a score of at least 70% (175 out of 250).

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit. 

Texas Permitless Carry Law:

As of 2021, people who qualify under the law can carry a handgun (openly or concealed) in a public place in Texas without a license to carry (LTC). Texans can still apply for an LTC since it may carry additional benefits.

 Tex. Penal Code § 46.02

Generally, to carry a handgun in public in Texas without an LTC, a person must:

  • Must be 21 years of age or older; (Note: a recent court decision may affect the age restriction)
  • Must not be prohibited from possessing a firearm in a public place under Texas law;
  • Must not have been convicted of: (1) Assault Causing Bodily Injury; (2) Deadly Conduct; (3) Terroristic Threat; (4) Disorderly Conduct - Discharging a Firearm; or (5) Disorderly Conduct - Displaying a Firearm within the previous five years; and
  • Must not be prohibited from possessing a firearm or ammunition under federal law.

These changes did not give the right to carry a handgun to anyone who was prohibited before the amendment took effect.

While the Firearm Carry Act of 2021 significantly reorganized Texas weapons law  (Tex. Penal Code Chapter 46), we generally focus on the carrying of a handgun in this class. Long guns and handguns are now treated the same under Texas law, which means the restrictions discussed in this course will apply to both types under Tex. Penal Code § 46.03.

A person carrying a handgun in public under the authority of the Act has two methods of carrying:

  • Concealed: No part of the handgun is visible based on ordinary observation. Examples of concealed carry: No part of the handgun is visible while inside a pocket, bag, holster, case, or jacket. This is not an exhaustive list.
  • Openly Carried in a Holster: A handgun that is partially or wholly visible based on ordinary observation must be carried in a holster. Examples of open carry in a holster: handgun is partially or wholly visible while being carried in a belt holster, shoulder holster, ankle holster, appendix holster, pilot holster, chest holster, or backpack holster (to name a few).
What the law doesn’t do:
  • It does NOT eliminate the LTC. They will still be issued.
  • It does not apply to anyone under the age of 21. (pending recent court decision)
  • It does not allow someone to carry outside of the state of Texas without a license
  • It does not allow someone to carry to a K-12 school.
  • It does not exempt you from the background check when purchasing a firearm

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state. When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a Texas License or does not require a license
Recognizes Texas Resident License only
Does not recognize a Texas License
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties. 

Texas Preemption Law:

Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt or enforce regulations that relate to:

    • (A) the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories;
    • (B) commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; or
    • (C) the discharge of a firearm or air gun at a sport shooting range; or
  1. require an owner of a firearm to obtain liability insurance coverage for damages resulting from negligent or willful acts involving the use of the firearm.

(a-1) An ordinance, resolution, rule, or policy adopted or enforced by a municipality, or an official action, including in any legislative, police power, or proprietary capacity, taken by an employee or agent of a municipality in violation of this section is void.

Tex. Loc. Gov't Code Ann. § 229.001

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g). 

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.  

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms. 

Texas Law

Under Tex. Penal Code Ann. § 46.06, in Texas, a private party may sell/give a firearm to anyone except if the person:

  1. 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;
  2. intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;*
  3. intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
  4. knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;
  5. 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
  6. knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.

*It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose 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.

Tex. Penal Code Ann. § 46.06(c)

Firearm Classification and Accessory Restrictions

ATTORNEY TO REVIEW AND PROVIDE CONTENT IF APPLICABLE

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.  

Magazine Restrictions:

Texas has no law restricting the ammunition capacity of magazines.

Weapon Type Restrictions:

In Texas, a person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

  • an explosive weapon (unless properly registered with the ATF);
  • a machine gun (unless properly registered with the ATF);
  • a short-barrel firearm (unless properly registered with the ATF);
  • armor-piercing ammunition;
    • “Armor-piercing ammunition” means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.
  • a chemical dispensing device;
    • “Chemical dispensing device” means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.
  •  a zip gun;
    • “Zip gun” means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
  • a tire deflation device; or
    • “Tire deflation device” means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.
  • an improvised explosive device.
    • “Improvised explosive device” means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive.
Tex. Penal Code Ann. § 46.01; Tex. Penal Code Ann. § 46.05

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state. 

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.  

Places Where Firearms Are Prohibited Under Texas Law:

  1. 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 a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or (B) the person possesses or goes with a concealed handgun that the person is licensed to carry, and no other weapon, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
  2. On the premises of a polling place on the day of an election or while early voting is in progress;
  3. On the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
  4. On the premises of a racetrack;
  5. In or into a secured area of an airport; [or]
  6. Within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited;
  7. On the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, 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, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
  8. On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event;
  9. On the premises of a correctional facility;
  10. On the premises of a civil commitment facility;
  11. On the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate;
  12. On the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration;
  13. In an amusement park; or
  14. In the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter, and
  15. Posted “No Gun” Properties (see Tex. Penal Code §§ 30.06 and 30.07)

Premises is defined as a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Tex. Penal Code § 46.03(c)(4)

Amusement Park means a permanent indoor or outdoor facility or park

  • where amusement rides are available for use by the public
  • that is located in a county with a population of more than one million,
  • encompasses at least 75 acres in surface area,
  • is enclosed with access only through controlled entries,
  • is open for operation more than 120 days in each calendar year,
  • and has security guards on the premises at all times.

The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Tex. Penal Code Ann. § 46.03(c)(1)

Administrative Regulations may also prohibit carry in the following areas:

  • Assisted living facility (Tex. Health & Safety Code Ann. § 247.065(b)(9);
  • Foster homes (40 Tex. Admin. Code § 48.8907(i)(6));
  • Certain grounds of a licensed horse racing association (16 Tex. Admin. Code §§ 311.211, 311.215);
  • Facilities offering or providing chemical dependency treatment services (25 Tex. Admin. Code § 448.505);
  • 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)).
    • This provision does not apply to LTC holders with a handgun.
  • Child-care centers, unless the child-care center is also your residence (26 Tex. Admin. Code § 746.3707).

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.  

Texas Open Carry Law

On September 1, 2021, Texas’ permitless carry law took effect which now allows an individual to open carry without a Texas LTC.

However, a person openly carrying a handgun under the authority of Texas permitless carry must keep the handgun holstered. A handgun should not leave the holster unless the person is acting in justified defense (see Texas Penal Code Chapter 9) or other lawful activity.

Open carry (partially or wholly visible) is not permitted, regardless of whether the handgun is holstered, in several areas, including:

  • On the premises of an institution of higher education or private or independent institution of higher education.
  • On any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area of an institution of higher education or private or independent institution of higher education.

Tex. Penal Code Ann. §46.035(a)

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.  

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply. 

Texas Law

Texas has a uniquely complicated framework of laws that creates several categories of prohibitions related to signage, with each type of sign corresponding to different methods of carrying firearms. The various forms of Texas signage are described below.

TEXAS PENAL CODE SECTION 30.05 NO GUN SIGN

The “30.05” sign comes from the newly enacted Firearm Carry Act of 2021. Tex. Penal Code § 30.05(c) gives property owners a new option. This sign provides notice to exclude only those carrying without a Texas License to Carry (“LTC”) or other recognized license or permit in places governed by the general trespass statute.

LEGAL REQUIREMENTS FOR 30.05 SIGNS

  • The legal requirement for this sign has been simplified. The standard: Is the sign reasonably likely to come to the attention of the person entering the area where entry with a firearm is prohibited? Because this requirement is so broad, we could see various signs develop. Should a non-license holder choose to disregard these signs, it is punishable as a limited Class C Misdemeanor. Under these specific circumstances, a Class C Misdemeanor is punishable by a fine of no more than $200. However, should a person receive oral notice from a person with apparent authority e.g., owner, employee, ) and refuse to depart, it becomes a Class A misdemeanor—an arrestable offense with much more severe consequences.

DOES 30.05 APPLY TO LTC HOLDERS?


"GUNBUSTER" SIGNS

These “no gun” signs are commonly called “gunbusters.” Previously, this image alone did not carry any force of law. However, we have to remember the broad-sweeping language for the 30.05. These likely have the same effect as the specific 30.05 sign above.

This sign alone may preclude someone carrying under the Firearm Carry Act of 2021 (“constitutional carriers”) from carrying into the premises. Still, it would not affect handgun licenses (LTC) and permit holders.


TEXAS “BLUE” NO GUN SIGN

We see this sign outside of grocery stores, gas stations, and restaurants. This sign has given more than a couple of headaches to LTC holders in the past. However, since Texas Constitutional Carry has gone into effect, these signs no longer have any legal meaning. Both LTC holders and constitutional carriers may disregard unless otherwise prohibited from carrying in that location.


TEXAS “RED” 51% NO GUN SIGN

This is a 51% sign, meaning the business has a liquor permit or beer license. It also means the company receives 51% or more of its income from the sale of alcohol for on-premises consumption. This sign applies to both LTC and constitutional carriers. Carrying a firearm into a 51% business (except under strictly limited circumstances) is a serious felony. The Penal Code requires the sign to be conspicuously placed. However, we have seen these signs posted on inside walls and behind the bartender, so stay vigilant!

BAD NEWS FOR PERMITLESS CARRY

  • It is important for constitutional carriers to remember that while these signs are required for LTC holders to be held criminally liable, there is no legal requirement that constitutional carriers be put on notice. As a result, even if there is no 51% sign effectively posted, a constitutional carrier can still be held responsible for violating the statute if the business receives 51% of its income from alcohol.

TEXAS PENAL CODE SECTION 30.06 AND 30.07 NO GUN SIGNS

30.06 and 30.07 signs only apply to LTC holders. In short, a Tex. Penal Code § 30.06 sign that meets all legal requirements prohibits the concealed carry of a handgun by a license holder in or on the premises. A Tex. Penal Code § 30.07 sign that meets all legal requirements prohibits the open carry of a handgun by a license holder in or on the premises. If both signs are posted, it means that both open and concealed carry of a handgun by a license holder is NOT authorized.

Interestingly, the language used by the signs, which mirrors the language of the statutes, specifically states that the signs apply to license holders but does not mention those carrying without an LTC. Because of this distinction, there is a strong legal argument that these signs do not apply to constitutional carriers. However, we haven’t seen this argument has not been tested in court.

In most instances, this trespass is a Class C Misdemeanor (punishable by a $200 fine only). However, the penalty increases to a Class A Misdemeanor if the license holder was personally given oral notice by a person with apparent authority and failed to depart. A Class A Misdemeanor is punishable by up to a year in the county jail and a fine of up to $4,000, plus court costs.


TEXAS GUN FREE ZONE SIGN

These signs serve as a warning under state and federal law. Under Tex. Penal Code § 46.11, this sign does not create a new crime but is a good indicator that certain weapons crimes committed by any person in that area (within 300 feet of a school) may have a heightened criminal penalty. These areas are a “weapons-free zone” under Texas law. Under federal law, this sign serves as a warning to non-Texas LTC holders, including constitutional carriers, that it would be a crime to possess a firearm on the grounds of or within 1,000 feet of a school. There are additional exceptions to the federal law that make it a bit more sensible—but for the purposes of this article, we are limiting our discussion to handgun licenses issued by the state in which the federal gun-free school zone is located.

NOTE ON SIGNS POSTED ON FEDERAL PREMISES OR FACILITIES

  • Generally, federal facilities and property, including VA Hospitals, US Post Offices, parking lots, and grounds, are off-limits. Please be sure to use extreme caution and take time to learn the law before carrying in one of these locations, as it is likely illegal regardless of a person’s status as a handgun license or permit holder.

TEXAS PENAL CODE SECTION 46.03 NO GUN SIGN

Texas law also prohibits anyone from carrying in several general locations (listed in Tex. Penal Code § 46.03), including schools, polling places on the day of an election and early voting days, courts, racetracks, the secured area of an airport, within 1,000 feet of the premises of an execution, correctional facilities, sporting events, hospitals, and amusement parks.

Recently, the Texas Legislature provided a new option under Tex. Penal Code § 46.15(o) allows these locations to provide notice of their status as a prohibited location by posting the sign pictured above. The posting of this sign removes the availability of a possible defense to prosecution for unintentionally carrying in a prohibited location. Regardless of effective notice, constitutional carriers and LTC holders can’t legally carry at these locations (with limited exceptions). Generally, this is a 3rd-degree felony, although a hospital, nursing facility, or amusement park is a Class A misdemeanor.


TEXAS SECURE FACILITY NO GUN SIGN

This is a much less frequent sign that only appears on the entrances of nonpublic, secure areas of law enforcement facilities that arise under Tex. Gov’t Code § 411.207 and Tex. Code of Crim. Proc. Art. 14.03. Under these provisions, peace officers acting in the lawful discharge of their official duties may temporarily disarm a person in the secured portions of a law enforcement facility, provided the facility has a gun locker to store your firearm. Rest assured, though, upon leaving the secured area, the officer must return your weapon to you immediately.

 

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)

Texas Law

A license holder commits an offense if, while intoxicated, the license holder carries a handgun...regardless of whether the handgun is concealed or carried in a holster.

Tex. Penal Code Ann. § 46.035(d)

A license holder commits an offense if the person:

  • Carries a handgun while the person is intoxicated; and is not:
  • On the person’s own property or property under the person's control or on private property with the consent of the owner of the property; or
  • inside of or directly enroute to a motor vehicle or watercraft:
  • that is owned by the person or under the person's control; or
  • with the consent of the owner or operator of the vehicle or watercraft.

“Intoxicated” means:

Not having the normal use of mental or physical faculties by reason of the introduction of:

  • alcohol;
  • a controlled substance;
  • a drug, a dangerous drug;
  • a combination of two or more of those substances or any other substance into the body;
  • or having an alcohol concentration of 0.08 or more.

Tex. Penal Code Ann. § 46.02; Tex. Penal Code Ann. § 49.01

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.  

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.  

Texas Law

Texas will allow anyone eligible to possess a firearm under federal law to carry a concealed handgun in their vehicle (loaded or unloaded), regardless of whether they have a recognized license or permit. Additionally, persons who have a recognized license or permit or are carrying under the authority of Texas permitless carry may openly carry a handgun in a holster in a vehicle.

Tex. Penal Code § 46.02; 18 U.S.C. § 922(g).

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.  

Texas Law

A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:

  1. failed to secure the firearm; or
  2. left the firearm in a place to which the person knew or should have known the child would gain access.

 It is an affirmative defense to prosecution under this section that the child's access to the firearm:

  1. was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
  2. consisted of lawful defense by the child of people or property;
  3. was gained by entering property in violation of this code; or
  4. occurred during a time when the actor was engaged in an agricultural enterprise.
  1. “Child” means a person younger than 17 years of age.
  2. “Readily dischargeable firearm” means a firearm that is loaded with ammunition, whether or not a round is in the chamber.
  3. “Secure” means to take steps that 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.

Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.

Tex. Penal Code Ann. § 46.13

Other Weapons Restrictions

Texas Law

Texas does not require a license or permit to carry knives, stun guns, and small commercially available chemical sprays for personal protection (e.g., mace, pepper spray, etc.).

Tex. Penal Code § 46.02.

 A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

  1. any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice
    • a chemical dispensing device;

Tex. Penal Code Ann. § 46.05

“Chemical dispensing device” means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

Tex. Penal Code Ann. § 46.01

Spradley v. State

    1. In a 2003 Texas case, an individual was convicted for possession of a chemical dispensing device; after the individual who was not a police officer was arrested, police found in his possession a large can of pepper spray containing 10% oleoresincapsicum (OC) solution, which was labeled for law enforcement use only. A crime lab chemist testified that personal use OC spray was one-half size of the can found in defendant's possession and was labeled either 2% or 3% in concentration, and to buy the 10% OC spray, one must present police identification.
    1. Because the defendant was not a police officer, and was found in possession of a "large can" of pepper spray labeled "for law enforcement only," they were convicted of possession of a chemical dispensing device in violation of Tex. Penal Code Ann. § 46.05.

Spradley v. State, No. 14-02-00266-CR, 2003 WL 21282468 (Tex. App. June 5, 2003)

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.

Texas has a stronger than usual quasi duty to inform law, which says that although you are not required to affirmatively inform an officer that you have a firearm, you must give the officer your license to carry when they ask to see your identification.

This means in a standard traffic stop, where you are asked to provide your photo ID, you will also have to provide the officer with your license to carry. However, those without an LTC that are carrying under the authority of the Texas Permitless Carry law have no duty to notify law enforcement that they are carrying a handgun.

Texas Law

Requirement to display License

If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display
(1) both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license; and
(2) if the license holder's handgun license bears a protective order designation, a copy of the applicable court order under which the license holder is protected.

Tex. Gov't Code Ann. § 411.205

Seizure of Handgun and License

If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of this subchapter, the officer shall seize the license holder's handgun and license as evidence.

The provisions of Article 18.19, Code of Criminal Procedure, relating to the disposition of weapons seized in connection with criminal offenses, apply to a handgun seized under this subsection.

Tex. Gov't. Code § 411.206

Temporary Disarming 

A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual.

  • The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.
A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.

Tex. Gov't Code Ann. §411.207

Police Encounter Map

 

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions. 

Texas Red Flag Law

Texas does not have any laws that would fall within the category of Red Flag laws.

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.  

Texas Law

Self-defense is justified if:

  1. the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
  2. the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
  3. a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

Tex. Penal Code Ann. § 9.22

 A person is justified in using deadly force against another:

  1. if the actor would be justified in using force against the other under Section 9.31; and
  2. when and to the degree the actor reasonably believes the deadly force is immediately necessary:
    • to protect the actor against the other's use or attempted use of unlawful deadly force; or
    • to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Tex. Penal Code Ann. § 9.32

A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

  1. knew or had reason to believe that the person against whom the force was used:
    • unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
    • unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
    • was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
  2. did not provoke the person against whom the force was used; and
  3. was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

Tex. Penal Code Ann. § 9.31

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.

Texas Law

A person is justified in using force or deadly force against another to protect a third person if:

  1. under the circumstances as the actor reasonably believes them to be, the actor would be justified in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
  2. the actor reasonably believes that his intervention is immediately necessary to protect the third person.

Tex. Penal Code Ann. § 9.33

Madrigal v. State

A person is justified in using force to protect another so long as the accused reasonably believes that the third person would be justified in using force to protect herself...Additionally, the actor must reasonably believe that his intervention is immediately necessary to protect the third person.

Madrigal v. State, 347 S.W.3d 809, 817 (Tex. App. 2011).

Use of Force in Defense of Habitation

 The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.   

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all. 

Texas law: The words “Castle Doctrine” are not found in the Texas law. The “Castle Doctrine ”is the popular name for a legal philosophy that every person, as the “King” or “Queen” of their own home, never has to flee the castle before using deadly force against an intruder.

Texas Defense of Habitation Law

A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.

The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

  1. knew or had reason to believe that the person against whom the force was used: (1) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment; (2) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment;

Tex. Penal Code Ann. § 9.31

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

Texas Defense of Property Law

Protection of One's Own Property - Tex. Penal Code § 9.41

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuitafter the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

Tex. Penal Code § 9.41

Deadly Force to Protect Property - Tex. Penal Code § 9.42
A person is justified in using deadly force against another to protect land or tangible, movable property:(1) if he would be justified in using force against the other under Section 9.41; and(2) when and to the degree he reasonably believes the deadly force is immediately necessary:(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and(3) he reasonably believes that:(A) the land or property cannot be protected or recovered by any other means; or(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Tex. Penal Code § 9.42

 

Protection of Third Person's Property - Tex. Penal Code § 9.43

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

Tex. Penal Code § 9.43

Use of Device to Protect Property - Tex. Penal Code § 9.44

The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:

(1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and

(2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device.

Tex. Penal Code § 9.44


Defense of Property Cases

Although Texas has stronger defense of property laws than most states, they are not unlimited. There have been several cases in Texas where the courts have found the use of deadly force in defense of property unjustified.

Heng v. State, No. 01-04-00450-CR, 2006 WL 66461 (Tex. App. Jan. 12, 2006)

  • Ruling: Defendant was not justified in using deadly force by shooting victims with firearm to prevent theft of his car keys, wallet, and damage to his car.
    • The damage to defendant's car had already been committed when defendant left the scene and then returned after arming himself, and
    • There was no evidence that the victim was attempting to flee or escape with defendant's wallet and keys.

Alsup v. State, 120 Tex. Crim. 310, 311, 49 S.W.2d 749, 750 (1932)

  • Ruling: If Person A killed the deceased with malice and not to prevent him from fleeing with property taken … although deceased might have been actually fleeing with [the] property, Person A would be guilty of murder.

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits. 

Texas Civil Immunity Law

A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

Tex. Civ. Prac. & Rem. Code Ann. § 83.001

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations. 

Texas No Duty to Retreat Law

A person is not required to retreat before using deadly force:

  1. who has a right to be present at the location where the deadly force is used,
  2. who has not provoked the person against whom the deadly force is used,
  3. and who is not engaged in criminal activity at the time the deadly force is used, 

Tex. Penal Code Ann. § 9.32

Self-Defense Limitations

The use of force against another is not justified:

  1. in response to verbal provocation alone;
  2. to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction;
  3. if the actor consented to the exact force used or attempted by the other;
      • if the actor provoked the other's use or attempted use of unlawful force, unless:
        • the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
        • the other nevertheless continues or attempts to use unlawful force against the actor; or
      • if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
        • carrying a weapon in violation of Section 46.02; or

    Tex. Penal Code Ann. § 9.31

Use of Force Considerations

Content to be added

Use of Force Against Animals

Texas law does not provide a general statutory justification for using deadly force against an animal outside the defense of necessity; however, this does not mean you and your loved ones are at the mercy of the animal kingdom. The laws for legally using deadly force against animals are located in many different statutes; the following are some of the most relevant.

  • Texas law specifically allows you to use deadly force against a dog or coyote that is attacking or has immediately attacked your livestock, fowl, or domestic animal.
  • Texas law allows for the killing of raccoons, opossums, skunks, and other small mammals if they are damaging crops or other property.
  • It is specifically a defense to the crimes of Animal Cruelty and Disorderly Conduct Discharge of a Firearm if the firearm was discharged in response to a reasonable fear of bodily injury from a “dangerous wild animal.” 
    • Dangerous Wild Animals: A lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee, orangutan, gorilla, or any hybrid of one of the animals listed here. Tex. Health & Safety Code § 822.101(4).
  • It is a defense to the Animal Cruelty charge of killing or injuring an animal if it is discovered on the person’s property killing or injuring the person’s livestock or damaging the person’s crops.

Special Notes

Content to be added

Cases to Watch

ATTORNEY TO PROVIDE CONTENT

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