Texas Gun Laws 2026: Carry, Age, Banned Weapons and Recent Changes
Short answer
Yes. Texas lets most adults who can legally own a gun buy one and carry a handgun, openly in a holster or concealed, without a permit under Penal Code § 46.02. Felons and other barred people cannot, some places are off limits, and machine guns need federal registration.
Last verified October 24, 2026 against current Texas law
Texas gun laws are among the most permissive in the country, but they still have firm limits. Most adults who can legally own a gun can carry a handgun in public without a license. The rules get more complicated around age, restricted places, federally regulated items such as machine guns and suppressors, and the changes Texas and Washington made in 2025 and 2026. This guide explains each one in plain terms, with the statute behind it.
| Permit to carry a handgun | Not required for most eligible adults since September 1, 2021 (House Bill 1927) |
|---|---|
| Open carry | Legal if the handgun is in a holster |
| Carry age | Statute says 21, but a 2022 federal court order blocks state officials from enforcing the age rule against law-abiding 18 to 20 year olds |
| Private gun sales | No Texas background check requirement between people who are not barred from owning guns |
| Machine guns | Illegal unless registered in the federal National Firearms Registration and Transfer Record |
| Short-barrel rifles and shotguns | No longer banned by Texas since September 1, 2025 (Senate Bill 1596); federal registration rules are in flux |
| Main laws | Penal Code ch. 46, Government Code ch. 411, Local Government Code § 229.001 |
Are guns legal in Texas?
Yes. Texas protects gun ownership in the state constitution, and the Legislature has widened carry rights several times since 2015. Texas Constitution art. I, § 23 says citizens have the right to keep and bear arms in the lawful defense of themselves or the state.
That right has edges. State law bars certain people from having guns, bans a short list of weapons, and keeps guns out of specific places. Federal law adds its own layer on top, including background checks at licensed dealers and registration for machine guns and suppressors.
What are the gun laws in Texas for carrying a handgun?
Most adults who are not legally barred from owning a gun can carry a handgun in public without a license. That change took effect September 1, 2021, under House Bill 1927, and it is often called permitless carry or constitutional carry.
The core rules sit in Penal Code § 46.02. Three points matter most:
- Holster rule: Intentionally displaying a handgun in plain view in public is an offense unless it is in a holster. Carrying it concealed is also allowed.
- No intoxicated carry: Carrying a handgun while intoxicated, away from your own property or vehicle, is unlawful carry.
- Barred people: The 2021 law gave no new rights to anyone already prohibited from having a gun, such as felons.
Do you need a license to carry a gun in Texas?
No, not for most adults. A License to Carry (LTC) from the Department of Public Safety is now optional, but many Texans still get one mainly because other states may honor it.
Our guide to Texas concealed carry laws covers the holster rule, banned places and License to Carry fees in more detail. Two 2025 laws touched licenses. House Bill 668, effective June 20, 2025, created a one-year grace period to renew an expired LTC. Senate Bill 706, effective September 1, 2025, requires DPS to publish a yearly list of states that recognize a Texas license, so check that list before you travel with a gun. It also provides that a valid handgun license from any other state is recognized in Texas.
Gun laws in Texas at 18: what is the carry and purchase age?
The written carry age is 21, but a federal court has blocked state officials from enforcing it against law-abiding 18 to 20 year olds. Penal Code § 46.02 still says 21. In August 2022, a federal court in Firearms Policy Coalition v. McCraw enjoined state officials from enforcing the age-21 rule against law-abiding 18 to 20 year olds, and DPS says it no longer denies an LTC for that reason alone. The order may not bind every local prosecutor, so the risk is not zero.
Buying a gun is a different question, and it has two layers. Under Texas law, you cannot sell, rent or give a firearm to someone younger than 18 unless a parent or guardian approves in writing, under Penal Code § 46.06. Giving a handgun to a minor is a state jail felony.
Federal law has long barred licensed dealers from selling handguns to anyone under 21. In January 2025, the Fifth Circuit, which covers Texas, held in Reese v. ATF that this ban is unconstitutional. Dealers can still set their own policies, so an 18 year old may still be turned away at the counter.
Where can you not carry a gun in Texas?
Texas keeps guns out of a defined list of places, and breaking this rule is usually a felony. Penal Code § 46.03 covers more places than the ones below, so read the full section if you carry regularly:
- School and college grounds, school events and school buses
- Polling places on election days and during early voting
- Courthouses and court offices
- Racetracks
- The secured area of an airport
- Prisons, jails and other correctional facilities
Private property is separate. A business or landowner can ban guns by posting the notice the law requires, commonly called a 30.06 sign for concealed handguns and a 30.07 sign for open carry. Under Penal Code §§ 30.06 and 30.07, walking past a sign that meets the legal wording and size rules can lead to a criminal trespass charge.
Who cannot own or carry a gun in Texas?
Texas bars several groups under Penal Code § 46.04, and federal law bars more. Felons are the best-known group. A felon may not possess any firearm for five years after release from prison or supervision, and after that may not possess one anywhere except at home. Federal law bars felons from guns altogether.
Other state-level limits include a five-year ban after certain family violence misdemeanors, and a ban while certain protective orders are active. Federal law also bars unlawful drug users from guns. In June 2026, the Supreme Court held in United States v. Hemani that applying that ban to one marijuana user violated the Second Amendment, so how it applies to others is unsettled. Our guide on whether weed is legal in Texas explains the charges behind it.
What guns are illegal in Texas?
Very few guns are banned outright, because Texas mostly regulates people and places instead of firearm types. Knives follow their own rules, covered in our guide on whether switchblades are legal in Texas. The table shows where each common item stands today.
| Item | Texas status | Federal note |
|---|---|---|
| Machine guns | Illegal unless registered in the federal registry | 18 U.S.C. § 922(o) blocks most new ones |
| Switches and auto sears | A gun fitted with one is a machine gun | The device itself is a machine gun under federal law |
| Short-barrel rifles and shotguns | Legal under state law since Sept. 1, 2025 | Registration required under the National Firearms Act, but under court challenge |
| Suppressors | Not on the state prohibited list | Registration required under the National Firearms Act, but under court challenge; the $200 tax became $0 on Jan. 1, 2026 |
| Armor-piercing handgun ammunition | Illegal to possess, make, transport or sell | |
| Zip guns and explosive weapons | Illegal | |
| Hollow-point ammunition | Legal | No federal ban for civilians |
| Ghost guns | No separate Texas offense | Federal frame and receiver rule survived a broad challenge in 2025 |
The prohibited weapons list is in Penal Code § 46.05. A violation is generally a third-degree felony. The next sections answer the specific questions people ask most.
Are ghost guns legal in Texas?
Texas has no separate ghost gun offense, but federal law now treats many kits as firearms. On March 26, 2025, the U.S. Supreme Court ruled 7 to 2 in Bondi v. VanDerStok that the ATF rule covering weapon parts kits and partly finished frames and receivers can stand against a broad challenge. That means dealers must serialize them, and the Court left room for challenges to particular kits.
Are hollow points illegal in Texas?
No. Hollow-point ammunition is legal in Texas for civilians. The only ammunition type named in Penal Code § 46.05 is armor-piercing handgun ammunition, which is illegal to possess, make, transport or sell.
Are Dracos legal in Texas?
Yes. A Draco is an AK-style pistol, and Texas does not ban it. The federal catch is the barrel and stock: if you add a shoulder stock to a pistol with a barrel under 16 inches, it becomes a short-barreled rifle under federal law, so confirm the current registration rules first.
Are switches and super safeties legal in Texas?
No. A switch, auto sear or similar conversion device makes a gun fire automatically, and that makes it a machine gun. Federal law treats the device itself as a machine gun, and a gun fitted with one is a machine gun under Texas law as well.
Possessing an unregistered machine gun is a felony under both Texas and federal law. New civilian machine guns are effectively closed off under 18 U.S.C. § 922(o), so for most people no legal path exists.
Are SBRs legal in Texas?
Yes, under Texas law, since September 1, 2025. Senate Bill 1596 removed short-barrel firearms from the list of prohibited weapons in Penal Code § 46.05, and it repealed the state definition of that term. Before that date, owning one was a state crime unless it was federally registered.
Federal law still matters. A short-barreled rifle or shotgun is regulated under the National Firearms Act, and the $200 federal tax on making or transferring one dropped to $0 on January 1, 2026. Registration is now in flux. On August 5, 2026, a federal judge in Texas ruled in Silencer Shop Foundation v. ATF that the registration rules for suppressors and short-barreled guns exceed Congress’s power, but the order covers only the named plaintiffs, their members and customers. A separate challenge, Brown v. ATF, is pending in a Missouri federal court. Check ATF.gov before you build or buy one.
Are pistol braces legal in Texas?
Yes. A federal judge in Texas vacated the ATF pistol brace rule on June 13, 2024 in Mock v. Garland, and the Justice Department dropped its appeal on July 17, 2025. A braced pistol is no longer automatically a short-barreled rifle.
The ATF proposed formally repealing the rule on May 6, 2026. The comment period closed August 4, 2026, and no final rule has been published yet. ATF can still classify a specific firearm case by case.
Do you need a background check to buy a gun in Texas?
Only from a licensed dealer. A federally licensed dealer must run a federal background check, but Texas has no rule requiring one when two people who are not barred from owning guns make a private sale. The Legislature did not add a private-sale check in 2025.
A private seller still cannot sell to a buyer who lives in another state, and cannot knowingly sell to a prohibited person. Under Penal Code § 46.06, it is an offense to sell a firearm to someone who is intoxicated, to a felon within five years of release, or to a person younger than 18 without written parent or guardian permission.
Texas gun penalties at a glance
| Offense | Section | Offense class | Penalty |
|---|---|---|---|
| Unlawful carry of a handgun | § 46.02 | Class A misdemeanor (a felony if you are barred under § 46.04) | Up to 1 year in jail and a $4,000 fine |
| Carrying in a prohibited place | § 46.03 | Usually a third-degree felony | 2 to 10 years and a $10,000 fine |
| Felon in possession | § 46.04(a) | Third-degree felony | 2 to 10 years and a $10,000 fine |
| Prohibited weapon, such as an unregistered machine gun | § 46.05 | Third-degree felony | 2 to 10 years and a $10,000 fine |
| Giving a handgun to a minor | § 46.06 | State jail felony | 180 days to 2 years and a $10,000 fine |
Penalty ranges come from Penal Code §§ 12.21 to 12.35. Other factors, such as a prior record or a gun used in another crime, can raise the charge.
Texas gun law changes: timeline from 2021 to 2026
| Date | What changed |
|---|---|
| September 1, 2021 | House Bill 1927 began permitless handgun carry |
| January 2025 | Reese v. ATF struck down the federal ban on dealer handgun sales to 18 to 20 year olds in the Fifth Circuit |
| March 26, 2025 | Supreme Court let the ATF ghost gun rule stand against a broad challenge in Bondi v. VanDerStok |
| June 20, 2025 | House Bill 668 created a one-year LTC renewal grace period |
| September 1, 2025 | Senate Bill 1596 removed short-barrel firearms from the prohibited list; Senate Bill 1362 barred red flag orders; House Bill 3053 banned local gun buyback programs; Senate Bill 706 began the reciprocity list |
| January 1, 2026 | Federal tax on suppressors and short-barrel guns dropped to $0 |
| August 5, 2026 | Federal judge in Texas ruled NFA registration for suppressors and short-barrel guns exceeds Congress’s power, for the named plaintiffs only |
Senate Bill 1362, the Anti-Red Flag Act, stops Texas from recognizing extreme risk protective orders that temporarily take guns from a person. Judges can still order guns surrendered in criminal cases and family violence protective orders.
Do Texas cities have different gun laws?
No. Texas law blocks cities from passing their own gun rules, with a few narrow exceptions, so Houston, Dallas, Austin and San Antonio follow the same state laws. The rule for cities is in Local Government Code § 229.001.
House Bill 3053 separately banned local gun buyback programs in 2025, under Local Government Code § 280.005. What does vary from place to place is private property rules and courthouse security, so signs and local building policies can matter more than city ordinances.
Texas gun laws compared with neighboring states
| State | Permit needed to carry a handgun? |
|---|---|
| Texas | No for most eligible adults |
| Oklahoma | No permit needed for most adults 21 and older |
| Arkansas | No permit needed for most adults |
| Louisiana | No permit needed for most adults |
| New Mexico | Concealed carry requires a license; open carry rules differ |
If you cross the Texas line with a gun, remember that each state sets its own rules about places, age and transport. Having a legal gun in your home state does not make the same carry legal everywhere you drive. See our driving and vehicle guides for how traffic stops work in Texas.
Real situations: how Texas gun law applies
You are 19 and want to buy a handgun at a Houston gun store
Texas does not bar you from owning one, and the federal dealer ban was struck down in the Fifth Circuit in January 2025. Still, many stores keep their own 21 policy. You can also receive a handgun as a legal gift, but a transfer to anyone younger than 18 needs written parent or guardian permission.
A coworker offers to sell you his rifle in a parking lot
That is legal if neither of you is barred from owning guns, and Texas requires no paperwork or background check. The risk is on the seller if you turn out to be a felon, because knowing sales to prohibited people are crimes.
You are pulled over with a loaded handgun under the seat
For most adults, that alone is legal in Texas. The stop is a normal traffic stop, and if you are carrying lawfully you can answer questions calmly, keep your hands visible and do not reach for the gun. Problems start if you are barred from owning one or intoxicated. Carrying a gun legally is a separate question from when you may use it, which our guide to the stand your ground law in Texas explains.
Will Texas gun laws change in 2027?
They could. The next regular session of the Texas Legislature begins in January 2027, and gun bills are filed in every session. Bills that died in 2025, such as House Bill 2470 on the carry age, may come back.
Federal changes may arrive sooner. The ATF brace rule repeal is still pending, and the court fights over NFA registration, including Silencer Shop Foundation v. ATF and Brown v. ATF, are not settled. Watch our Texas guns and weapons guides for updates.
Frequently asked questions
What are the gun laws in Texas?
Texas lets most adults who can legally own a gun buy one and carry a handgun, openly in a holster or concealed, without a permit under Penal Code § 46.02. State law bars felons and others from guns, keeps guns out of places such as schools and courthouses, and bans machine guns unless federally registered.
Can a non-resident carry a gun in Texas?
Generally yes, if the person is not barred from having a gun and follows the same rules as residents. Permitless carry under Penal Code § 46.02 is not limited to Texas residents. A visitor must still follow the holster rule, avoid restricted places and obey the federal rules for transporting guns between states.
Is it legal to carry a gun in a car in Texas?
Yes, for most adults who can lawfully own a gun. For adults 21 and older, a handgun in the car is not an offense just because it is in plain view. Carrying while intoxicated, or while barred from owning guns, is still a crime. Federal and school-zone rules can add limits.
Can you open carry in Texas?
Yes. Open carry of a handgun is legal for most adults if the gun is in a holster. Texas law does not define the word holster, so use a real holster that holds the gun securely. Long guns have no specific carry rule, but carrying one in a threatening way can lead to a disorderly conduct charge.
Are red flag laws allowed in Texas?
No. Senate Bill 1362, the Anti-Red Flag Act, took effect September 1, 2025 and stops Texas from recognizing extreme risk protective orders that remove guns before a crime. Judges can still order guns surrendered in criminal cases and in family violence protective orders, so those routes remain open.
What changed on this page
October 24, 2026: Verified against current Texas law. Covers the September 1, 2025 laws on short-barrel firearms, red flag orders and gun buybacks, the 2026 federal NFA tax change, and the pending ATF pistol brace repeal.
If this affects you: if you have been charged with a gun offense, speak with a Texas-licensed criminal defense attorney before your first court date, since a conviction can end your right to own a gun. If you are unsure whether a specific weapon or part is legal, ask the ATF or a licensed dealer before you buy. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.
