Do children have to be a certain age before they can be left alone at home?

The Texas Department of Family and Protective Services publishes information about leaving a child home alone. They state the following:

Texas law doesn't say what age is old enough for a child to stay at home alone. However, adequate supervision is critical to keeping kids safe. An adult caregiver is accountable for the child's care and inadequate supervision can be a type of neglect (neglectful supervision).

The Texas Penal Code also makes it a criminal offense to leave a child alone in a vehicle under certain circumstances. Click here to review section 22.10 of the Texas Penal Code.

Can I carry a gun in my car? 

Handguns

Generally speaking, Texas law allows people to transport a handgun in their vehicle as long as they are otherwise allowed to possess a firearm. Texas Penal Code Section 46.02 creates an offense for the unlawful carrying of handguns and in subsection (a)(2)(b), makes an exception to unlawful carry for those who are:

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

Additionally, section (a-1) states that only those with a Texas License to Carry (LTC) are permitted to keep a handgun in “plain view” within the vehicle. Those with an LTC must keep their handgun in a shoulder or belt holster if their handgun is in plain view.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
    (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
    [...]

Long Guns

We have not found any Texas laws that restrict transporting a rifle or other long gun in a motor vehicle or watercraft. We have also not been able to locate a law that would dictate if a long gun can be "in plain view" in the vehicle.

Other Restrictions

It is important to keep in mind that other laws may prevent one from carrying a firearm at any time, or may restrict the location where firearms can be carried. For example, see section 46.04 of the Penal Code, Unlawful Possession of Firearm.

The library also has more information on Texas and federal laws that govern where a firearm can and cannot be carried on the Carry of Firearms page of our Gun Laws research guide. 

Can someone who has been convicted of a felony own a gun?

It is difficult to provide a simple answer to this question because state laws and federal laws conflict with each other. Interpreting and applying these laws to your particular situation requires the assistance of an attorney. Our librarians are not able to provide legal advice nor can we advise you on whether your situation complies with the law.

Federal Law

Federal law prohibits anyone who has been convicted of a crime punishable by imprisonment for a term longer than a year from possessing a firearm or ammunition. See 18 U.S. Code 922(g):

(g) It shall be unlawful for any person -
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
    […]
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

We often get asked what counts as a "conviction" that would prevent a person from owning a firearm under federal law. According to the definition set in 18 U.S. Code 921(20):

The term "crime punishable by imprisonment for a term exceeding one year" does not include- [...] (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Texas Law

Section 46.04 of the Texas Penal Code makes it illegal for someone who was convicted of a felony to possess a firearm. However, after five years have passed since the completion of their sentence, parole, or probation, the person is no longer prohibited by state law from possessing a firearm at their home.

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
    (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
    (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

What qualifies as a firearm?

Some antique firearms are exempt from both the state and federal legal definitions of a firearm. See our FAQ "Can someone who has been convicted of a felony own a black powder gun or a muzzleloader?" for more information.

Other Considerations

Other factors might also be relevant for a person with a felony conviction to consider. For example, see: Can I own a gun if my spouse, partner, or someone I live with was convicted of a felony?

For more information, see our Felons & Firearms page for resources that help explain these legal issues. An attorney could advise you and provide a legal opinion specific to your situation.

Is CBD legal in Texas?

Recent changes in both federal and Texas law regarding industrial hemp production have also affected the production and sale of CBD. These laws are currently being implemented in order to create a state industrial hemp program that allows for the legal cultivation of hemp and the legal sale of "consumable hemp products" like CBD. The state industrial hemp laws require a license before one can cultivate industrial hemp, and they also require a license to sell consumable hemp products like CBD.

This FAQ will briefly summarize these laws, but for more information, please see the CBD page of our Cannabis and the Law guide.

What is CBD? What is hemp?

Cannabidiol is a substance derived from the cannabis plant that does not have the same psychoactive properties as tetrahydrocannabinol (THC). This article from the Harvard Health Blog provides more details about what cannabidiol is.

The law defines hemp as cannabis with a THC concentration of less than 0.3% by dry weight. The legal definition is more specific and can be found in Section 121.001 of the Texas Agriculture Code.

What laws changed?

At the federal level, H.R.2 Agriculture Improvement Act of 2018 (often referred to as the 2018 Farm Bill) became law on December 20th, 2018. This federal law defined hemp as cannabis with a THC concentration of less than 0.3% by dry weight and removed it from the federal controlled substances schedules.

Then in 2019, Texas House Bill 1325 passed during the 86th Regular Session and was signed by the governor on June 10th, 2019. This bill amended the Texas Agriculture Code and the Health & Safety Code in order to regulate the growth of industrial hemp and the sale of consumable hemp products like CBD.

Where can I find more details?

Check out the CBD page of our Cannabis and the Law guide for more details and links to other resources related to cannabis.

The Dept. of Agriculture provides information about the license required to grow and cultivate hemp in Texas.

The Dept. of State Health Services provides information about consumable hemp products such as CBD and the license required to sell these products.

What is the Compassionate Use Program?

Prior to the 2019 state laws that legalized consumable hemp products, Texas had enacted the Compassionate-Use Act. This law allows for the medical use of low-THC cannabis (less than 0.5% THC) for certain qualified patients. This law regulates who can produce low-THC cannabis and who may prescribe low-THC cannabis to certain patients.

House Bill 3703 from 2019 recently expanded the law to include more qualifying patients. This bill was signed by the governor on June 14, 2019, and became effective immediately. The new legislation now allows qualified physicians to prescribe low-THC marijuana to patients diagnosed with epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, or an incurable neurodegenerative disease.

The Texas Department of Public Safety (DPS) regulates dispensaries authorized by the Compassionate-Use Act. DPS has provided answers to frequently asked questions about the Compassionate-Use Program on their website.

For more details, see the Compassionate-Use Program page of our Cannabis and the Law guide.

What about medical or recreational marijuana?

Outside the provisions set out in the Texas Compassionate-Use Act, our librarians have not been able to locate any Texas statutes that address the use of medical marijuana.

Recreational use of marijuana is still illegal under Texas and federal law. Federal penalties for possession of a controlled substance are found in United States Code, Title 21, Section 844.

The Texas Controlled Substances Act (Health and Safety Code, Ch. 481) defines marijuana (spelled "marihuana") and sets criminal penalties for possession, delivery, and delivery to a child.

Marijuana is listed as a Schedule I drug in the federal Controlled Substances Act (21 U.S. Code, Sec. 812).

How old do you need to be to buy a gun?

It depends. Texas law and federal law set different age requirements regarding how old you have to be to buy a weapon. Depending on what kind of weapon you would like to purchase and who you are buying it from, the legal age could be as high as 21 under federal law.

Texas Law

The state law about illegal transfers or sales of weapons can be found in the Texas Penal Code, Section 46.06.  Here, “firearm” means “any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use,” not including some antique or curio firearms. This law says that:

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) 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 of age any firearm, club, or location-restricted knife;

However, subsection (c) states that it is an affirmative defense if the child’s parent or legal custodian gives written permission for the sale.

Federal Law

Federal law is slightly more complicated. There are different age requirements depending on whether you are buying from a Federal Firearms Licensee (FFL) or a private individual, and whether you are purchasing a long gun, such as a shotgun or rifle, or a handgun.

The federal law regarding the legal age to purchase from a FFL can be found in 18 U.S. Code 922(b)(1). It states that a licensed dealer cannot sell any firearm or ammunition to someone who they know is or believe to be under the age of 18. For sales of firearms that are not rifles or shotguns and the corresponding ammunition, the dealer cannot sell to someone who they know is or believe to be under the age of 21. Here, "firearm" is defined by 18 U.S. Code 921(a)(3) as "any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive," with the exception of some antique or curio weapons.

However, if the sale is between private individuals, different age limits apply. 18 U.S. Code 922(x) makes it illegal to “sell, deliver, or otherwise transfer” a handgun or handgun ammunition to a juvenile (defined here as a person less than 18 years of age) and for a juvenile to possess a handgun unless all of the following are true:

• The juvenile is using the handgun for their employment, ranching or farming, target practice, hunting, or taking a firearm education course
• The juvenile has written permission from a parent or guardian who is not prohibited by law from possessing a firearm
• The juvenile has the written permission in their possession at any time that they are also in possession of the handgun
• The juvenile follows other state and federal laws when possessing the handgun

According to the Giffords Center, federal law does not place a minimum age on possessing or receiving rifles or shotguns.

If you are prevented by law from purchasing a firearm due to your age but are wondering if you can receive a gun as a gift, see: Can I gift a firearm to a minor? How old do you need to be to receive a gun as a gift?

For more information about buying guns, please see the Buying & Transferring page of our Gun Laws guide. To ensure that your purchase of a firearm is conducted legally, please consult with an attorney.

Can I own a gun if my spouse, partner, or someone I live with was convicted of a felony?

For advice on whether you can legally possess a firearm while living with someone who has been convicted of a felony, it is best to consult with an attorney who can evaluate your specific situation and provide you with advice on how to comply with the law.

See our FAQ "Can someone who has been convicted of a felony own a gun?" and the Felons & Firearms page of our Gun Laws research guide for information about the laws that prohibit firearm possession after a felony conviction. Unfortunately, Texas and Federal statutes do not provide a clear definition of exactly what “possession” means. For this reason, if a person is charged with unlawfully possessing a firearm, the court will likely need to consider many different factors to determine if the person was truly in "possession" of the firearm.

One legal concept that may come into play is the concept of “constructive possession." This concept means that even if a person was not in direct control of something, if they knew it was there and had the ability to control it, it may qualify as legal possession of the object. For example, if your spouse knows that you keep your firearm in a safe and they know the combination to that safe, a court may find that your spouse legally has possession of that firearm. This article from a law firm explains the concept in more detail.

Many factors may come into play when answering this question, and constructive possession is just one example. For advice on whether you can legally possess a firearm while living with someone who has been convicted of a felony, please consult with an attorney.

Can someone who has been convicted of a felony own a black powder gun or a muzzleloader?

In this context, muzzleloaders and black powder guns usually refer to antique or “curio” firearms. These types of weapons are in a special category under Texas and federal law because the legal definitions of “firearm” specifically exclude certain antique firearms.

Texas law makes the following exemption from the definition of “firearm” in Section 46.01(3) of the Texas Penal Code:

Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
    (A) an antique or curio firearm manufactured before 1899; or
    (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

Federal law defines “antique firearm” in a very similar way at 18 U.S. Code 921(a)(16). Much like Texas law, “antique firearms” are not included in the legal definition of “firearm” (see 18 U.S. Code 921(a)(3)).

These exemptions are important because both Texas law and federal law restrict people who have been convicted of certain offenses from possessing firearms — a legal term that does not include many antique weapons like muzzleloaders.

The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives has an FAQ regarding whether a “prohibited person” can possess a black powder or muzzle loaded weapon:

The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or receiving firearms and ammunition (“prohibited persons”). […] However, Federal law does not prohibit these persons from possessing or receiving an antique firearm.

For more information on antique firearms, please see the ATF's definition of “antique firearm”, along with some illustrated examples. The library also has more information on firearm restrictions for convicted felons on the Felons & Firearms page of our Gun Laws research guide. 

Can a 17-year-old move out and leave home?

There does not seem to be a clear, straightforward answer to this question in the Texas statutes. We highlight the complexities of this question on our research guide titled Can a Seventeen-Year-Old Leave Home? On that page you'll find links to opinions issued by the Texas Attorney General related to 17-year-olds.

We recommend contacting the Texas Youth & Runaway Hotline at 1-800-989-6884 for assistance with this question. They also offer an online youth chat and a text messaging service.

Is it true that if someone breaks in to your house, you can shoot and kill them?

These types of provisions are commonly referred to as "castle doctrines." Sections 9.31 and 9.32 of the Texas Penal Code describe when deadly force is justified and when it is not justified by state law.

Can I gift a firearm to a minor? How old do you need to be to receive a gun as a gift?

The library has received many questions asking whether you can give a gun to someone who is under 18.

The state law about illegal transfers or sales of weapons can be found in the Texas Penal Code, Section 46.06.  Here, “firearm” means “any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use,” not including some antique or curio firearms. This law says that:

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) 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 of age any firearm, club, or location-restricted knife;

However, subsection (c) of that same law states that it is an affirmative defense to prosecution if the child’s parent or legal custodian had given permission or consent for the transfer. If the minor is buying the weapon, this permission must be in writing.

Federal law is similar only when it comes to handguns. 18 U.S. Code 922(x) makes it illegal to “sell, deliver, or otherwise transfer” a handgun or handgun ammunition to a juvenile (defined here as a person less than 18 years of age) and for a juvenile to possess a handgun unless all of the following are true:

• The juvenile is using the handgun for their employment, ranching or farming, target practice, hunting, or taking a firearm education course
• The juvenile has written permission from a parent or guardian who is not prohibited by law from possessing a firearm
• The juvenile has the written permission in their possession at any time that they are also in possession of the handgun
• The juvenile follows other state and federal laws when possessing the handgun

According to the Giffords Center, federal law does not place a minimum age on possessing or receiving rifles or shotguns.

For more information about selling and gifting guns, please see the Buying & Transferring page of our Gun Laws guide. To ensure that a gift of a weapon to someone younger than 18 is conducted legally, please consult with an attorney.

Is gambling illegal?

Chapter 47 of the Texas Penal Code contains the criminal laws that relate to gambling. The laws on gambling are complex, and the library cannot determine whether something you describe is legal or illegal. Consider reviewing our gambling research guide if you would like more information about gambling laws in Texas.

For some clarifications on what constitutes gambling and what does not, the Texas Attorney General has issued the following legal opinions regarding gambling.

If you are wondering whether a specific business plan or whether a specific act would be considered gambling, you will need to consult with a licensed attorney. We cannot make that determination for you.

How can I get something removed from my criminal record? What is an expunction?

In certain cases, arrest records or records of acquittals may be cleared or expunged from one's record. This is known as an expunction. The requirements for obtaining an expunction and the procedure to be followed are located in chapter 55 of the Texas Code of Criminal Procedure. TexasLawHelp.org also has information and forms related to expunctions. And the Texas Young Lawyers Association also publishes this brochure about expunctions and non-disclosures [PDF] that includes information about who is eligible and what procedures must be followed.

Expunctions are often confused with orders of nondisclosure – "sealing" one's record. Orders of nondisclosure are available to individuals who were placed on and successfully completed deferred adjudication community supervision and who meet other qualifications. In their overview of these orders [PDF], the Office of Court Administration (OCA) states that a nondisclosure order prohibits "public entities such as courts and police departments from disclosing certain criminal records." In addition, they state that an "order of nondisclosure also legally frees you from disclosing information about your criminal history in response to questions on job applications." The OCA publishes documents, forms, and instructions relating to non-disclosure orders.

We provide information about both of these procedures in our Expunctions and Non-Disclosure research guide.

How does a felony conviction affect me?

Time in prison is often not the only consequence of a felony conviction.

There are many other laws and regulations that place restrictions on those who have been convicted of a felony. For example, a felony on your record can prevent you from obtaining certain professional licenses (e.g., county jailer). Both state and federal laws restrict certain people with criminal histories from possessing a firearm. It can also be difficult to locate housing and employment with a felony conviction on your record because many employers and landlords run criminal history background checks.

Our Re-Entry Resources for Ex-Offenders page is aimed at those who are finishing their sentence and re-entering the community. There you will find links to resources that help explain common issues ex-offenders face.

We also maintain a collection of Restrictions After a Felony Conviction in Texas. There you can browse by subject matter, do a keyword search, or see a full list of the restrictions we have been able to identify.

Because the consequences of a conviction will depend on the specifics of your conviction (e.g., what type of offense was it, did it involve domestic violence) and your particular situation, it is best to go over your options with an attorney. An attorney can provide legal advice specific to your situation.

What is the age of consent for sexual activity in Texas? Is there a “Romeo and Juliet” law?

The Texas Penal Code does not include a statutory definition of “child” or “minor” that applies throughout the entire Penal Code (see Section 1.07 of the Code). Instead, specific statutes within the code provide definitions. For example, the laws on sexual assault and indecency with a child define a “child” as a person under the age of 17. These and other laws criminalize certain sexual activities regardless of whether the person knows the age of the child at the time of the offense. See:

• Section 22.011 (Sexual Assault) defines “child” as “a person younger than 17 years of age”.
• Section 21.11 (Indecency with a Child) identifies a child as “younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense”.
• Section 33.021 (Online Solicitation of a Minor) defines “minor” as “an individual who is younger than 17 years of age” or “an individual whom the actor believes to be younger than 17 years of age”.

However, a few other statutes that address minors and sexual activity set the minimum age at 18 years:

• Section 43.25 (Sexual Performance by a Child) defines “child” as “younger than 18 years of age”.
• Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor) defines “minor” as “a person younger than 18 years of age”.

“Romeo and Juliet” Laws

“Romeo and Juliet” laws generally refer to provisions in law that provide an affirmative defense to criminal prosecution in consensual cases where both actors are similar in age. There is no single “Romeo and Juliet” law, but several sections of the Penal Code contain these kinds of provisions. It is important to read these laws carefully because they are very specific about when they apply. For example:

• Section 22.011 (Sexual Assault) provides an affirmative defense for an actor “not more than three years older than the victim”, as long as the victim “was a child of 14 years of age or older”, along with several other requirements.
• Section 21.11 (Indecency with a Child) provides an affirmative defense for an actor “not more than three years older than the victim and of the opposite sex” who “did not use duress, force, or a threat against the victim” and “was not required to register for life as a sex offender”, along with other exceptions and requirements.
• Section 33.021 (Online Solicitation of a Minor) includes a defense for an actor who “was not more than three years older than the minor” if “the minor consented to the conduct”.
• Section 43.25 (Sexual Performance by a Child) provides an affirmative defense for a defendant who is “not more than two years older than the child”.
• Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor) provides an affirmative defense for an actor “who is not more than two years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense”, among other provisions.

A “Romeo and Juliet” provision is also found in Section 42.017 of the Texas Code of Criminal Procedure, which offers protection from having to register as a sex offender for a person convicted of an offense under Texas Penal Code Section 21.11 or 22.011. Please note that the age requirements found in this statute are different than those in Section 21.11 or 22.011:

(1) at the time of the offense, the defendant was not more than four years older than the victim or intended victim and the victim or intended victim was at least 15 years of age; and
(2) the conviction is based solely on the ages of the defendant and the victim or intended victim at the time of the offense.

Additionally, a person who was convicted of an offense under Texas Penal Code Section 21.11 or 22.011 and required to register as a sex offender before September 1, 2011, may be able to petition the court for an order exempting them from registration if they are eligible under Article 62.301 of the Texas Code of Criminal Procedure.