Texas Gun Laws: What Are Your Rights and Restrictions?

Texas is known for its strong support of the Second Amendment and the right to bear arms. But, like any other state, there are rules and restrictions that gun owners must follow. It doesn’t matter whether you’re a lifelong Texan or new to the state – understanding your rights and responsibilities is important to stay on the right side of the law.

Can you own a gun in Texas?

Let’s start with the basics. If you’re 18 or older, you’re legally allowed to purchase and own a firearm here in Texas. However, there are a few restrictions. You cannot legally own a firearm if you:

• Have been convicted of a felony
• Are under a domestic violence protective order
• Are a fugitive from justice
• Have been deemed mentally incompetent by the court

If you have a misdemeanor conviction (especially related to domestic violence), restrictions might also apply.

It’s important to note that federal laws also apply in Texas. For instance, under federal law, you must be 21 to buy a handgun from a licensed dealer, while you can buy a rifle or shotgun at 18.

What’s the difference between open carry and concealed carry?

If you’ve ever walked around Texas and noticed someone openly carrying a gun, it’s not your imagination. The state of Texas allows both open carry and concealed carry under certain conditions.

Open carry

Open carry means carrying a firearm in plain sight. This is legal in Texas as long as you are 21 years old, and the firearm is in a holster. Even though open carry is legal, there are limits. You can’t walk into certain places with your firearm visible, like in schools, government buildings, hospitals, and bars.

Concealed carry

Concealed carry means keeping your firearm hidden from view. This could mean carrying it in a waistband holster under a shirt or in a bag. Texas allows concealed carry without a permit for most adults under the constitutional carry law. However, getting a license to carry (LTC) can still be beneficial. An LTC gives reciprocity in other states and allows you to carry in some areas where constitutional carry might not apply.

Is it illegal to “brandish” a weapon in Texas?

“Brandishing” means showing or using a firearm in a threatening or aggressive way. You can carry a firearm open or concealed, but you can’t point it at someone without justification or display it in a manner that alarms or intimidates others.

The key here is context. If someone is attacking you or breaking into your home, Texas Stand Your Ground and Castle Doctrine laws allow you to use your firearm to protect yourself. In these situations, showing or using your weapon may be justified. However, pulling out a gun during a minor argument or to scare someone is a quick way to face criminal charges like assault with a deadly weapon or disorderly conduct.

Can I give a gun to a minor?

It’s common to gift firearms in Texas, especially for hunting or target shooting. But what if you want to give a firearm to a person under 18? Here in Texas, you can legally give a gun to a minor but there are rules. The minor must have written permission from a parent or guardian. The firearm must be used for lawful purposes, like hunting, sport shooting, or firearm safety training.

However, it’s important to remember that minors cannot legally own handguns. If a minor is found with a handgun, they could face criminal charges unless they’re under adult supervision or engaged in lawful activities like hunting or attending a shooting competition.

Long guns, like rifles or shotguns, are treated a bit differently. A minor can possess a long gun with parental permission and under supervision. Many families here in Texas see it as a rite of passage to gift a young person their first hunting rifle.

Where can you carry a gun in Texas?

It’s true that Texas is a gun-friendly state, but there are places where carrying a firearm is strictly prohibited. These places include:

• Schools and school buses
• Polling places
• Courts and government buildings
• Bars
• Airports
• Sporting events

Private property owners also have the right to prohibit firearms on their premises. They must post a clear sign stating that firearms are not allowed. If you ignore this, you could be charged with trespassing.

Stand Your Ground and the Castle Doctrine

Texas is one of the several states that follow both Stand Your Ground and Castle Doctrine laws. These laws give you the right to defend yourself with deadly force under certain circumstances.

• Castle Doctrine. The Castle Doctrine allows you to use deadly force to defend your home, vehicle, or place of business if someone enters unlawfully or attempts to break in. You do not have a duty to retreat in these types of situations.
• Stand Your Ground. Texas Stand Your Ground laws expand on this idea. If you’re in a place where you have a legal right to be and face a threat, you don’t have a duty to retreat. You can “stand your ground” and use force to protect yourself.

Guns and transportation

It’s relatively straightforward to transport a firearm in Texas, but you should follow some basic rules.

You can carry a handgun in your car without a license as long as it’s not in plain view. However, be careful when crossing into other states. Texas gun laws might not apply, and you could face legal trouble if you don’t know the status of the state you’re entering.

What happens if I break Texas gun laws?

Violating gun laws in Texas can lead to serious consequences, including misdemeanor or felony charges, which can include fines and jail time. And, besides criminal charges, breaking gun laws can result in the loss of your right to own or carry a gun.

As mentioned earlier, Texas is a state that values gun rights, but with those rights come responsibilities. Understanding the laws around carrying, brandishing, and gifting firearms is essential to staying safe and legal. Whether you’re carrying a gun for self-defense or planning to pass down a family rifle, knowing what you can and can’t do is essential.

If you’re ever unsure about a specific situation, it’s always a good idea to consult with a Killeen criminal defense attorney who can help clarify your rights and protect your freedom. After all, staying informed is the first step to responsible gun ownership.

If you’ve been charged with a gun-related offense or have questions about your rights as a firearm owner in Texas, the skilled criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers can help you understand your options, protect your rights, and build a strong defense. Contact our office today for a consultation, and let us provide the guidance you need to face your legal challenges with confidence. Call us or fill out our contact form today.