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Texas Firearm Laws Law Intelligence Hub

29 Records • Page 1 of 1
Texas background checks handgun and long gun Restrictive

TX1034 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

Effective: 1998-11-30
Texas background checks handgun Restrictive

TX1033 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

Effective: 1994-02-28 Superseded: 1998-11-30
Texas carrying a concealed weapon (ccw) handgun Restrictive

TX1051 — shall issue (permit not required)

Citation: Texas Penal Code § 46.02

(a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and (3) is not: (A)...

Effective: 2021-09-01
Texas carrying a concealed weapon (ccw) handgun Permissive

TX1004 — shall issue

Citation: Tex. Gov’t Code § 411.177(a)

The department shall issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. The department shall administer the licensing procedures in good faith so that any applicant who meets all the eligibility requirements and submits all the application materials shall receive a license.

Effective: 1996-01-01 Superseded: 2021-09-01
Texas carrying a concealed weapon (ccw) handgun Restrictive

TX1003 — prohibited

Citation: Tex. Penal Code §§ 46.02, 46.03

§ 46.02. Unlawful Carrying of Weapons. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. § 46.03. Non-Applicable.

Effective: 1876-01-01 Superseded: 1996-01-01
Texas castle doctrine handgun and long gun Permissive

TX1006 — stand your ground

Citation: Tex. Penal Code § 9.32(C)

A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

Effective: 2007-09-01
Texas castle doctrine handgun and long gun Permissive

TX1005 — traditional

Citation: Tex. Penal Code § 9.42

A person is justified in using deadly force against another to protect land or tangible, movable property: … (2) when and to the degree reasonably believe 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.

Effective: 1974-01-01 Superseded: 2007-09-01
Texas castle doctrine handgun and long gun Permissive

TX1039 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1974-01-01
Texas child access laws handgun and long gun Restrictive

TX1008 — negligent storage

Citation: Texas Penal Code § 46.13

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.

Effective: 1995-09-01
Texas firearm sales restrictions handgun and long gun Restrictive

TX1052 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

Effective: 1994-09-13 Superseded: 2004-09-13
Texas firearm sales restrictions handgun and long gun Restrictive

TX1054 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

Effective: 1994-09-13 Superseded: 2004-09-13
Texas firearms in college/university handgun Permissive

TX1043 — public : CCW allowed

Citation: Tex. Gov’t. Code § 411.2031(b)

A license holder may carry a concealed handgun on or about the license holder's person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state.

Effective: 2016-08-01
Texas firearms in college/university handgun Restrictive

TX1044 — public and private : possession prohibited

Citation: V.T.C.A., Penal Code § 46.03(a)

A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a): (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...

Effective: 1974-01-01
Texas firearms in college/university long gun Restrictive

TX1045 — public and private : possession prohibited

Citation: V.T.C.A., Penal Code § 46.03(a)

A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a): (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...

Effective: 1974-01-01
Texas firearms in K-12 educational settings handgun and long gun Permissive

TX1050 — school personnel other than peace officers

Citation: Texas Administrative Code Title 37 Part 7 Chapter 227

(a) To be eligible for appointment as a school marshal, an applicant shall: (1) successfully complete all prerequisite commission training; (2) pass the state licensing exam; (3) be employed and appointed by an authorized school district; and (4) meet all statutory requirements, including psychological fitness.

Effective: 2018-05-01
Texas local laws preempted by state handgun and long gun Permissive

TX1055 — comprehensive - punitive

Citation: V.T.C.A., Local Government Code § 411.209

(a) Except as provided by Subsection (i), a state agency or a political subdivision of the state may not take any action, including an action consisting of the provision of notice by a communication described by Section 30.06 or 30.07, Penal Code, that states or implies that a license holder who is carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or...

Effective: 2015-09-01
Texas local laws preempted by state handgun and long gun Permissive

TX1047 — comprehensive

Citation: V.T.C.A., Local Government Code § 229.001

(a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to: (1) 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; (2) commerce in firearms, air guns, knives,...

Effective: 1987-09-01
Texas minimum age long gun Restrictive

TX1056 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

Effective: 1994-09-13
Texas minimum age handgun Restrictive

TX1057 — minimum age purchase - federal

Citation: 39 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

Effective: 1994-09-13
Texas minimum age handgun Restrictive

TX1058 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

Effective: 1994-09-13
Texas minimum age long gun Restrictive

TX1011 — purchase and sale

Citation: Tex. Penal Code § 46.06(a)(2)

A person commits an offense if the person: (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;

Effective: 1974-01-01
Texas minimum age handgun Restrictive

TX1022 — purchase and sale

Citation: Tex. Penal Code § 46.06(a)(2)

A person commits an offense if the person: (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;

Effective: 1974-01-01
Texas open carry handgun Permissive

TX1013 — license required

Citation: Tex. Penal Code § 46.15(b)(6)

(b) Section 46.02 does not apply to a person who: (6) is carrying: (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and (B) a handgun: (i) in a concealed manner; or (ii) in a shoulder or belt holster;

Effective: 1997-06-20
Texas open carry handgun Permissive

TX1014 — prohibited

Citation: Tex. Penal Code § 46.02

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; or (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

Effective: 1974-01-01 Superseded: 1997-06-20
Texas prohibited possessor handgun and long gun Restrictive

TX1026 — dvro ex parte

Citation: Texas Pen. Code § 25.07(a); Tex. Fam. Code Ann. § 71.0021

§ 25.07(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83,...

Effective: 2008-01-01
Texas prohibited possessor handgun and long gun Restrictive

TX1025 — dvro : expanded

Citation: Tex. Penal Code Ann. §§ 25.07(a), Tex. Fam. Code § 83.001

(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504,...

Effective: 2003-09-01
Texas prohibited possessor handgun and long gun Restrictive

TX1024 — dvro

Citation: Texas Pen. Code § 25.07(a)

A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure , an order issued under Section 6.504, Family Code , Chapter 83, Family...

Effective: 2001-09-01 Superseded: 2003-09-01
Texas waiting period handgun Permissive

TX1041 — federal

Citation: 18 U.S.C.A. § 922(s)

Repealed.

Effective: 1998-11-30
Texas waiting period handgun Restrictive

TX1040 — federal

Citation: 18 U.S.C.A. § 922(s)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless-“(A) after the most recent proposal of such transfer by...

Effective: 1994-02-28 Superseded: 1998-11-30