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Frequently asked questions
How old do I have to be to purchase or possess a gun in Texas?
I just got a handgun, but I do not have a License to Carry ("LTC")—where can I take it?
With the passage of Texas Constitutional Carry, people who are legally eligible to carry may lawfully carry a handgun openly (in a holster) or concealed, in non-prohibited places if there is no notice of prohibition that firearms are prohibited.
I have a child or a felon in the home—what do I do with my firearms?
Who cannot have or receive a firearm in Texas?
There are many people who cannot lawfully possess or purchase firearms in Texas. Generally, the most notable are children, people who have been convicted of a felony, people who have been convicted of an offense involving family violence, people who are currently under indictment or information for a felony charge or certain misdemeanors, people who are addicted to drugs, people who have been adjudicated as "mentally defective," and people subject to certain protective orders. These prohibitions are a result of both Texas and federal laws.
What ammunition is legal in Texas?
Generally, all ammunition is legal in Texas except for armor-piercing ammunition designed specifically for handguns.
How do I transfer firearms (that are not NFA items) in Texas?
My landlord says I cannot have firearms in my home—is that legal?
Generally, no. Building owners may not prohibit firearms in a renter's unit in leases entered into after September 1, 2019. However, this only applies to the unit, inside the renter's vehicle, and the direct and uninterrupted transportation between those areas. For LTC holders, firearms can still be prohibited by 30.06 and 30.07 signs for common areas. See Tex. Penal Code Sections 30.06 and 30.07. For Texas Constitutional carriers, firearms can be prohibited by a 30.05 sign or a similar sign indicating that firearms are prohibited in certain common areas.
What weapons can I carry in Texas?
How much land do I need to shoot?
The amount of land required for shooting depends on the item you are using. For instance, shotguns, air rifles, air pistols, BB guns, and bows and arrows only require 10 acres of land, and you must be 150 feet from the residence or occupied building on a neighboring property. For traditional rifles and pistols, 50 acres of land (or more) is required, and you must be at least 300 feet from the nearest residence or occupied building on a neighboring property. For questions about extraterritorial jurisdiction and discharging within city limits, see our blog.
I was denied an LTC—what are my options?
Call our office, and we can walk you through the possibility of an appeal, an expunction, and other possible solutions.
I was denied when trying to purchase a firearm—what are my options?
Call our office, and we can walk you through the possibility of mistakes, the issuance of an National Instant Criminal Background Check System ("NICS") Unique Personal Identification Number ("UPIN"), an appeal, and other considerations you need to know.
I just inherited firearms—what do I do?
As long as you are not a prohibited person (or otherwise prohibited from owning, possessing, or receiving firearms) and the estate has been closed (or there is a signed order naming the executor of the will), you will be able to acquire the firearms you inherited in the will. Additionally, if the firearms are located in another state, you generally may bring them back to Texas without going through an FFL, subject to that state's laws.
Can an officer take my weapon in a traffic stop?
A law enforcement officer can disarm an individual for the length of the traffic stop for the protection of the individual, the officer, or a third party. See Tex. Gov't Code Sections 411.206 and 411.207. When the traffic stop is concluded, the officer must return the firearm to the individual if the officer determines that the individual is not a threat and is not going to arrest them.
How many guns can I purchase in 1 day / 1 week / 1 month?
Can I take a firearm out of the country?
Without going through the proper legal channels and procedures first, never take a firearm or ammunition out of the United States or back into this country. You will likely be charged with international firearm trafficking, and you could even potentially face criminal charges in different countries!
When can I use deadly force in Texas?
Generally, a person will be allowed to use deadly force in Texas when that person reasonably believes that there is an imminent risk of serious bodily injury or death. See Texas Penal Code Sections 9.31, 9.32, and 9.33. Have questions about a particular situation? Call our office and set up an appointment with one of our attorneys.
