Gun laws in Texas
[1] Since September 1, 2021, a permit is not required for a person, both residents and non-residents, 21 and over to carry a handgun either openly or concealed in most places in Texas, granted they do not have any prior felony convictions.
Texas has state preemption of gun laws, so local governments can not further restrict or regulate the possession or use of firearms.
Texas does not require background checks for private firearm sales, which has led to criticism from gun safety advocates.
This 'gun show loophole' allows private transactions without oversight, contributing to concerns about unlicensed sales and illegal firearm trafficking.
[9] Penal Code Section 1.08 also prohibits local jurisdictions from enacting or enforcing any law that conflicts with State statute.
In Texas a convicted felon may possess a firearm in the residence in which he lives once five years have elapsed from his release from prison or parole, whichever is later, however if the felony conviction was outside of Texas, Federal Law prohibits possession unless the gun rights of the possessor have been restored in the jurisdiction under which the felony occurred in.
A convicted Felon once 5 years removed from release from prison or probation may also private purchase a firearm.
According to the U.S. Centers for disease control and prevention, the firearm death rate in Texas has reached 15 per 100,000 people in 2021, marking a 50% increase since 1999.
An eligible person wishing to obtain an LTC (formerly CHL) must take a State-set instruction course taught by a licensed instructor for a minimum of 4 hours and a maximum of 6 hours, covering topics such as applicable laws, conflict resolution, criminal/civil liability, and handgun safety, and pass a practical qualification at a firing range with a handgun.
[21] Also, as of September 1, 2019, the offence of a Licensed to Carry holder entering on the premises of a church, synagogue, or other established place of religious worship was redacted from Texas Penal Code Sections 46.035(b).
A church, synagogue, or other established place of religious worship must have 30.06 and 30.07 signs posted to prevent carrying on their premises.
Universities will be allowed to establish rules and regulations regarding safety but may not generally prohibit concealed carry on the campus.
[23][24] Texas does not have red flag laws, also known as Extreme Risk Protection Orders, which allow courts to temporarily remove firearms from individuals deemed a threat to themselves or others.
While these laws have proven effective in other states, Texas lawmakers have not pursued them, citing concerns over Second Amendment rights and due process.
It allows a residential or commercial landowner to post signage that preemptively bars licensed persons from entering the premises while carrying concealed.
All hospitals are required under Government Code Section 411.204(b) to post a sign stating that possession of a handgun whether licensed or not is a felony.
This allows a residential or commercial landowner to post signage that preemptively bars licensed persons from entering the premises while openly carrying a handgun.
Both written communication and a posted sign must contain language identical to the following (30.07 notice): Pursuant to section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openlyAdditionally, signs posted on the property must conform to the following regulations: Establishments that choose not to post such signs have protection from civil liability.
[35] On March 27, 2007, Governor Rick Perry signed Senate Bill 378 into law, making Texas a "Castle Doctrine" state which came into effect September 1, 2007.
[39] Residents lawfully occupying a dwelling may use deadly force against a person who "unlawfully, and with force, enters or attempts to enter the dwelling", or who unlawfully and with force removes or attempts to remove someone from that dwelling, or who commits or attempts to commit a "qualifying" felony such as "aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery" (TPC 9.32(b)).
In addition, two statutes of the Texas Civil Practice and Remedies Code protect people who justifiably threaten or use deadly force.
Chapter 86 prohibits a person convicted of a misdemeanor or felony from filing suit to recover any damages suffered as a result of the criminal act or any justifiable action taken by others to prevent the criminal act or to apprehend the person, including the firing of a weapon.
823) enacted in the 2005 session of the legislature had modified TPC 46.15 ("Non-Applicability") to include the "traveller assumption"; a law enforcement officer who encounters a firearm in a vehicle was required to presume that the driver of that vehicle was "travelling" under a pre-existing provision of 46.15, and thus the Unlawful Carry statute did not apply, absent evidence that the person was engaged in criminal activity, a member of a gang, or prohibited from possessing a firearm.
However, attorneys and law enforcement officials in several municipalities including DA Chuck Rosenthal of Houston stated that they would continue to prosecute individuals found transporting firearms in their vehicles despite this presumption,[46] leading to the more forceful statement of non-applicability in the 2007 H.B.
Possession of explosive weapons, machine guns, and short-barrel firearms is permitted by Texas law as long the owner has registered the item in the NFA registry.
[50] Furthermore, Texas penal code 235.023 states the commissioners court of a county (i.e. county legislative body) is not authorized to regulate the transfer, ownership, possession, or transportation of firearms or require the registration of firearms [51] More general prohibitions on restrictions on the sale, transfer, ownership, possession, etc.
