Texas Gun Possession Laws

Texas is known to be one of the most gun-friendly states in America. However, there are some limitations to gun ownership laws, which begs the question, “What is legal and what is restricted in Texas?”

Contact our Fort Worth criminal defense attorneys at (817) 435-4970 for a complimentary consultation regarding your weapons charges.

Federal and State Laws

The Second Amendment grants U.S. citizens the right to bear arms, stating, “A well regulated Militia, being necessary to the security of a complimentary State, the right of the people to keep and bear Arms, shall not be infringed.” Each state interprets this amendment individually and establishes state laws to support its views.

The Texas State Constitution says, “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”

What Does This Mean?

The Texas State Constitution supports overall personal gun ownership, offers a number of freedoms, and does NOT require:

  • A permit to purchase – rifle or shotgun
  • A permit to purchase – handgun
  • Registration of the firearm – rifle or shotgun
  • Registration of the firearm – handgun
  • Licensing of owners – rifle or shotgun
  • Licensing of owners – handgun
  • A permit to carry – rifles and shotguns

Although the state of Texas does not require a permit to carry a rifle or shotgun, a permit is required to carry a handgun – concealed or unconcealed.

Texas bans carrying weapons within or near a school and maintains a partial ban on carrying weapons into restaurants.

Right to Carry Reciprocity

The state conditionally recognizes license to carry reciprocity, or the right to carry a concealed weapon within another state. Texas recognizes permits from other reciprocity states. For example, an Oklahoma permit is considered acceptable and usable in Texas. Reciprocity also means a Texas carry permit is recognized within another reciprocity state, such as Florida.

Texas does not recognize the ownership of machine guns, short barreled weapons, explosive weapons, or silencers, and considers processing, transporting, repairing, or selling any of these to be a criminal offense. Reciprocity does not extend to these weapons, even if the weapons are permitted within the originating state.

Let Us Help You

Understanding gun possession laws in your state can help you avoid criminal charges, such as unlawful possession of a firearm, or carrying a concealed weapon without a license. Some weapons charges are considered felonies, and can lead to time in prison, and all weapons charges can leave a mark on your criminal record.

Don’t let a weapons charge impact the rest of your life. Our Fort Worth criminal defense attorneys can help defend your case and work to keep your record clean. Brad Clark, our founding attorney, has ample experience as a prosecutor and offers invaluable insight for our clients both in and out of the courtroom. We offer personalized legal counsel for every client and can give your case the attention it deserves.

If you are accused of a weapons crime, don’t wait. Contact our Fort Worth criminal defense attorneys at The Clark Law Firm. Our lawyers are ready to defend you: (817) 435-4970.


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