How can I sell my gun to another person?

Read on to learn about Texas and federal laws that regulate the sale of firearms.

Do I Need a License?

You likely do not need a license if you make only occasional sales of different second-hand firearms for your personal collection. Generally, a license is only required if you repetitively buy and sell firearms to predominantly earn a profit. 

18 U.S. Code 923(a) requires a license if you are engaged in the business of dealing firearms. Whether you are "engaged in the business" of dealing firearms depends on multiple factors. 

To learn more, see the Do I Need a License to Buy and Sell Firearms? handbook from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

Who Can I Sell To?

The list of general requirements for private sales below is not a complete listing. Many factors can come into play when determining if a particular sale is legal.  

Private sellers may not sell their firearm if: 

• They know – or have reason to believe – that the buyer is not allowed to have a firearm.
  • 18 U.S. Code 922 and Section 46.06 of the Texas Penal Code describe what is an unlawful sale or transfer.
• The buyer lives in a different state.
  • 18 U.S. Code 922(a)(3) and 922(a)(5) prohibit private sales across state lines.
• The buyer is younger than 18 years of age. See our related Legal FAQ: How old do you need to be to buy a gun?

The law can be complex, and if you are unsure if it would be legal to sell your gun to a certain person, it is best to ask an attorney. For information on finding an attorney, please see the library's Legal Help page. 

You can also conduct a sale with the help of a licensed dealer who could run a background check on the buyer.  

Assistance From a Licensed Dealer

Licensed dealers can facilitate a private gun sale. However, licensed dealers are not required by law to help with private sales. You may need to call around to find someone who is willing to help you. 

Licensed dealers must follow all the laws they normally follow when selling firearms. This includes running a background check and keeping records of the sale. Dealers can also charge a fee for their services. 

The ATF has more details in the handbook Facilitating Private Sales: A Federal Firearms Licensee Guide. 

Background Checks

Licensed dealers are required by law to conduct a NICS background check. Private sellers are not required by federal law or Texas law to do a background check before selling a firearm. 

If you would like to run a NICS background check before a firearm sale, a licensed dealer can help you conduct the sale. The FBI does not offer NICS background check services to the public. 

Keeping Records

Neither federal law nor Texas law requires private sellers to keep a record when they sell a firearm. Licensed dealers are required to keep records of their sales, but these requirements do not apply to private sellers.

Even though it is not required by law, you may want to keep a record of the sale for your own purposes. See this ATF brochure for best practices to follow when selling a firearm.

Gun Registration

There is usually no registration to transfer on a gun. Texas does not maintain a firearm registry. 

With some exceptions, the federal government doesn't either. The National Firearms Act requires registration for specific firearms such as short-barreled rifles and machine guns. This law is in 26 U.S. Code 5861. The ATF's National Firearms Handbook has details about these kinds of firearms. 

See our Legal FAQ: Do I need to transfer the registration of a firearm from one person to another? 

Second Amendment Lawsuits 

In 2022, the U.S. Supreme Court issued a court decision about gun rights in New York State Rifle & Pistol Association Inc. v. Bruen, 142 S.Ct. 2111. The case is commonly known as Bruen or the Bruen decision. 

In a 6 to 3 ruling, the Supreme Court said that people have a constitutional right to bear arms in public for self-defense. The court also offered a new way of interpreting the Second Amendment of the U.S. Constitution. 

Since the Bruen decision, people have filed lawsuits against state and federal gun laws that may place restrictions on firearms. The courts are in the process of making decisions that reflect the Bruen decision. Some laws may be found to be unconstitutional. 

An attorney can help you determine what recent court decisions might mean for your legal rights. For information on finding an attorney, please see the library's Legal Help page. 

Related FAQs & Guides 

FAQs

• Do I need to transfer the registration of a firearm from one person to another?
• Can someone who has been convicted of a felony own a gun?
• How old do you need to be to buy a gun?
• Can I gift a firearm to a minor?

Guides

• Gun Laws

Can I carry a gun in my car? 

Handguns

Generally speaking, Texas law allows qualified people to transport a handgun in their vehicle or in a vehicle "under the person's control". They must be otherwise allowed to possess a firearm.

Texas Penal Code Section 46.02 creates an offense for the unlawful carrying of handguns. The statute makes an exception to unlawful carry in subsection (a)(3)(b) 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.

Other laws further restrict who can carry a handgun in a vehicle. Texas Penal Code Section 46.02 (a-1)(2) prohibits anyone involved in criminal activity from carrying in a vehicle or watercraft. Certain minor traffic or boating misdemeanors are exempted. Also, Section 46.04(a-1) of the Texas Penal Code prohibits a member of a criminal street gang from carrying a handgun in a motor vehicle or boat.

Prior to September 1st, 2021, only those with a Texas License to Carry (LTC) were permitted to keep a handgun in "plain view" within the vehicle. However, House Bill 1927 eliminated this requirement. See our FAQ on HB 1927 for more details. After September 1st, 2021, Texans who do not have an LTC but are otherwise eligible to carry a handgun in their vehicle can keep the gun in "plain view". The gun must be in a holster:

(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 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster;

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

Texas law does not say where a gun should be stored when it is in a car, or whether it should be unloaded. 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 a business charge a fee for using a credit card or a debit card instead of cash?

What are the Laws on Credit Card Surcharges in Texas?

Two sections in the Texas Business & Commerce Code prohibit a seller from charging a fee when a buyer uses a credit or debit card as payment. These laws are in Sections 604A.0021 and 604A.002, respectively.

Each statute provides exceptions for state and local government entities and private schools in certain circumstances; read each statute for more details on these exceptions.

It is unclear if the Texas law against credit card fees is enforceable due to a federal lawsuit.

What About Cash Discounts?

Some merchants offer a discounted price for paying with cash. Cash discounts are not considered to be surcharges according to the definition of "surcharge" in Section 604A.001(5).

What Did the Federal Lawsuit Do?

In 2018, the United States District Court for the Western District of Texas ruled that the Texas law on credit card surcharges is unconstitutional. Judge Lee Yeakel issued an order that permanently enjoined the State of Texas from enforcing parts of the credit card surcharge law.

The case is Rowell v. Paxton, 336 F. Supp. 3d 724 (2018).This court case only addressed Texas's law on credit card surcharges, not debit cards.

For more information on Rowell v. Paxton:

• Read the court order, permanent injunction, and final judgment.
• Find a copy of the case's docket entries on CourtListener.com or on PACER.gov.
• This article from the Houston Apartment Association explains the law and the ruling.

Is the Law Still Enforceable After Rowell v. Paxton?

The laws against credit card fees remain enforceable in some contexts, according to Opinion KP-0257, an Attorney General opinion from Ken Paxton:

When a court determines that a statute is unconstitutional as applied, it normally invalidates the statute only as applied to the litigant in question and does not render the statute unenforceable with regard to other litigants or different factual circumstances. … Although a recent judicial decision held section 604A.0021 unconstitutional as applied to specific facts, it remains enforceable in some contexts.

An attorney can help you determine if this law can be enforced in a specific circumstance. For more information on finding an attorney, please see the library's Legal Help page.

What are the Penalties for Violations?

There are penalties for violations listed in the statute, but it’s not clear if they can be imposed after the decision in Rowell v. Paxton.

Sec. 604A.003 says a person who knowingly violates the credit card surcharge law is liable for a civil penalty of up to $500 per violation. This section identifies two officials who can to file suit to recover the civil penalty:

• the Texas Attorney General
• the District Attorney in the county where the violation occurs.

The Attorney General has a consumer complaint process that you could use to report violations. However, the Attorney General's office will not file lawsuits on behalf of an individual consumer.

Other AG Opinions on Surcharges

There are two additional Attorney General opinions that address different aspects of the law in relation to surcharges:

• Opinion No. KP-0095, a 2016 opinion on online convenience fees and third-party payment processors.
• Opinion No. KP-0257, a 2019 opinion on whether a county contracting with a private entity for the collection of money owed to the county can charge a fee to defendants.

Related FAQs & Guides

• Consumer Protection

Do I need a license to carry a handgun in Texas?

Texas no longer requires people who can legally possess and carry a firearm under both state and federal law to have a License to Carry (LTC) in order to carry a handgun in a public place. This change went into effect on September 1st, 2021, as a result of the passage of House Bill 1927.  

Previously, Texas residents who wished to carry a handgun either openly or concealed needed to obtain a License to Carry (LTC) issued by the Texas Department of Public Safety, the state agency that oversees the handgun licensing program.

However, the Texas Legislature passed House Bill 1927 in the spring of 2021. The bill allows a person who qualifies under the new law to carry a handgun on their person in a public place without an LTC or other required training. Governor Greg Abbott signed HB 1927 into law on June 16th, 2021, and it became effective on September 1st of this year. This act is known as the Firearm Carry Act of 2021 and is sometimes referred to as the "constitutional carry bill."

Who can carry a firearm under the new law?

Laws regarding firearms can be complex. We urge you to speak with an attorney if you aren't sure if you are prohibited from carrying a firearm. As librarians, we cannot help you determine whether you are legally allowed to carry or possess a firearm.

Generally, to carry a handgun in public in Texas without an LTC, a person must:

• Be at least 21 years old 
• Not have a prior felony conviction as described in Texas Penal Code Section 46.04
• Not have a recent conviction for certain types of misdemeanors as described in Texas Penal Code Sections 46.02 and 46.04
• Not be subject to an unexpired protective order as described in Texas Penal Code Section 46.04(c)
• Not be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g)
• Not be intoxicated, except in certain situations as described in Texas Penal Code Section 46.02(a-6)

Did the new law expand gun rights to anyone who was previously prohibited?

This bill does not extend the right to carry a firearm for anyone who was already barred from possessing a firearm under state and federal law, according to Section 2, subsection (3):

persons who are currently prohibited from possessing firearms under state and federal law will not gain the right to possess or carry a firearm under this legislation

The new law did not give anyone the right to carry if they didn't already have that right. People with felony convictions and certain recent misdemeanor convictions remain prohibited from carrying under the new law. People subject to active protective orders also remain prohibited. See the list above for details. If you are not sure whether you can legally carry a firearm in public, you will need to consult with an attorney.

Can I carry a gun anywhere in Texas?

Firearms are always restricted in certain places, like schools, correctional facilities, secured areas of airports, etc. HB 1927 updated the list of places where guns are prohibited for anyone carrying a firearm rather than just license holders. Be sure to review both the new bill and Section 46.03 of the Texas Penal Code for a consolidated list of places where firearms are always prohibited.

Firearms may also be restricted on private businesses or other private property. Texas law allows private property owners to choose whether to allow firearms on their property. If guns are not allowed on the property, this will generally be indicated through signage or some other form of notice.

Please see the Businesses and Private Property page of the Gun Laws guide and the  "Where can I carry a gun?" box on the Carry of Firearms page. 

Does my gun need to be in a holster?

People in Texas carrying a handgun that is partially or wholly visible must carry it in a holster. Before the law changed in 2021, people in Texas needed to have a license to openly carry a handgun and they needed to carry their handgun in a "shoulder or belt holster." Now, a license is not required to carry openly.

Section 46.02 (a-5) of the Texas Penal Code now only uses the term "holster," rather than "shoulder or belt holster." The law does not provide a definition of the word "holster."

Texas law does not place similar holster requirements on a handgun being carried in a concealed manner.

Can I still get a License to Carry (LTC)?

HB 1927 did not repeal the LTC program, and Texans who wish to get a license may still apply for one with the Texas Department of Public Safety. Getting an LTC may have other benefits, like allowing the licensee to carry in states that have reciprocity agreements with Texas. It may also act as an alternative to the National Instant Criminal Background Check System (NICS) check when purchasing a firearm.

The Texas DPS lists the benefits of a Texas LTC on its website.

Can I carry a weapon while wearing a mask? 

Many people who have contacted our library with this question are under the impression that it is illegal to carry a handgun while wearing a mask in Texas. However, our librarians have not been able to locate any state laws that explicitly prohibit the wearing of a mask while lawfully carrying a firearm, whether openly or concealed.

In fact, we have not been able to locate any state statutes currently in effect that address the wearing of masks in general. Texas previously had anti-mask laws, but these were repealed in 1974 and are not currently in effect. The Texas Governor had previously issued an executive order due to COVID-19 [PDF] that required people to wear a face covering in most public places (this executive order has been rescinded as of March 10th, 2021, so please check for any local orders regarding face masks or coverings that may be in place in your area). However, that order [PDF] did not mention the carrying of firearms.

There also seems to be a misconception regarding who can legally carry a handgun without a License to Carry (LTC) because the governor has issued executive orders related to the COVID-19 public health emergency. There is a state law that addresses carrying a handgun without a license when a state of disaster has been declared, but it is very narrow in scope. Read more about that law.

For more information about the carry of firearms generally, please see our Gun Laws guide. For more information about firearms during the COVID-19 pandemic, please see our COVID-19 & Texas Law research guide.

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.

Does my landlord have to provide air conditioning or repair my A/C unit?

This is a question we receive frequently as temperatures soar with the summer heat. There is no state law that specifically gives tenants the right to be provided with air conditioning. However, the law or the lease agreement may require the landlord to protect their tenant against extreme temperatures or to repair a faulty A/C unit. Be sure to review:

• The lease agreement
• The city's local ordinances
• The "repair and remedy" state laws that require a landlord to fix a problem that "materially affects the health or safety of an ordinary tenant."

To find out whether your landlord has a legal duty to repair your A/C unit, there are a few steps you could take.

Check Your Lease

Read through your lease to see if air conditioning is mentioned. Your lease agreement may say whether air conditioning is a feature of the rental that the landlord agrees to maintain. Alternatively, the lease may also say that appliance repair is the tenant's responsibility!

If you need help understanding your lease, consider using FreeLegalAnswers.org. You can use this service to upload a copy of your lease so that a volunteer attorney can review it and respond to your questions.

Check Your Local Ordinances

If you live in a city, your city may have local laws that require landlords to protect residential tenants from extreme temperatures. Dallas and Houston both have ordinances that require property owners to provide and maintain air conditioning within a certain temperature. Note that in Houston, this is only required if door and window screens are not provided. Many cities make their ordinances available online. 

Most cities do not require residential properties to have air conditioning. However, some cities have technical building codes with minimum standards that would apply if the unit does have air conditioning. If you suspect your unit's air conditioning systems are not up to code, consider contacting your local code enforcement department for help.

Request Repairs From Your Landlord

If your unit came with air conditioning and it is no longer working, state law may offer some protections. Section 92.052 of the Texas Property Code requires a landlord to "repair or remedy a condition" that "materially affects the physical health or safety of an ordinary tenant." Section 92.056 outlines the steps a tenant must take to request these repairs.

This statute does not give specific examples of issues that materially affect the health and safety of an ordinary tenant. If you believe that the extreme heat in your rental unit would endanger an ordinary person, this law may allow you to ask your landlord for repairs. 

In order to request repairs under this section:

• The tenant cannot be behind on rent; and
• The problem cannot be caused by the tenant, their family, or guests unless it was a result of normal wear and tear.

This law would not require a landlord to provide you with air conditioning if you didn't have it before. However, it might require them to fix a broken unit unless the lease says it is not the landlord's responsibility to do so.

Section 92.056 of the Texas Property Code has very specific procedures for asking the landlord to fix the problem. Make sure you follow these steps before taking other measures like ending your lease or deducting repairs from your rent. Failure to do so may result in the tenant being liable to their landlord. Speaking with an attorney for advice is also recommended.

Austin Tenants' Council has created a page about Repair Rights with instructions for requesting repairs under this law. They also offer a free Self-Help Repair Kit with form letters and instructions that you can use to notify your landlord.

For more information on a tenant's right to repairs, please see the Repairs page of our Landlord/Tenant guide.

Can I be required to get a COVID-19 vaccine? 

There are no current state or federal laws requiring COVID-19 vaccines. Under Texas law, governmental bodies cannot require COVID-19 vaccines. Federal guidance allows private businesses to require vaccines for their workers.

Texas Law

A new Texas law prevents state and local governments from issuing vaccine mandates. The restrictions can be found in Section 81B.003 to the Texas Health & Safety Code. The new law went into effect September 1st, 2023.

The new law contains an exception referencing a rule adopted by the federal government in 2021. This rule required healthcare staff at most Medicare- and Medicaid-certified providers to receive COVID-19 vaccinations.  In August 2023, a new rule removed vaccine requirements for these workers.

Federal Guidance for Employers

There are currently no federal vaccine mandates related to employment. Earlier in the pandemic, several executive orders required COVID-19 vaccinations for certain groups. These were all either revoked or blocked by the courts.

The Equal Employment Opportunity Commission (EEOC) issued guidance for employers about COVID-19 vaccinations. The guidance states that, in general, employers can require COVID-19 vaccinations. However, they must provide "reasonable accommodations" required by federal laws.

The federal laws the EEOC cites to are Title VII of the Civil Rights Act and the Americans with Disabilities Act. These laws require a "reasonable accommodation" if an employee cannot receive the COVID-19 vaccine due to:

• a sincerely held religious belief; or
• a disability.

An employer may not have to provide a reasonable accommodation if it would place an "undue hardship" on the employer. Section K.2 has several examples of reasonable accommodations for employees.

The law can be complex, so employers or employees who have questions about COVID-19 vaccine policies at the workplace may wish to talk to an attorney before taking any action. For more information on finding an attorney, please see the library's Legal Help page.

Related FAQs & Guides

FAQs

• Can a business require me to wear a mask? I thought the mask mandate was over.
• Can I be required to show proof of COVID-19 vaccination or a “vaccine passport?”
• Can I be required to show proof of a COVID-19 test?

Guides

• COVID-19 & Texas Law

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

Section 46.06 of the Texas Penal Code makes it illegal for a person to sell or give a firearm to any child younger than 18. Subsection (c) of that law says it is an affirmative defense if the child's parent or legal custodian gave written permission for the sale.

The word "firearm" has a specific definition in the law. Section 46.01 of the Penal Code lists the legal definition of firearm. The definition excludes some antique or curio firearms.

Federal Law

Federal law has different age requirements depending on whether you are buying from a licensed dealer. Age requirements also depend on the type of firearm.

Licensed dealers cannot sell any firearm or ammunition to someone under the age of 18. If the firearm is not a shotgun or rifle, the dealer cannot sell to someone under the age of 21. This law is found at 18 U.S. Code 922(b)(1).

Not all sales are through licensed dealers. 18 U.S. Code 922(x) deals with sales and transfers by someone who does not have a federal firearms license. This law makes it illegal to sell a handgun or handgun ammunition to a juvenile less than 18 years of age. That same law says it is illegal for a juvenile to possess a handgun or handgun ammunition unless certain conditions are met.

The word "firearm" is defined differently in federal law than Texas law. 18 U.S. Code 921(a)(3) defines the term. The definition excludes antique firearms.

Second Amendment Lawsuits

In 2022, the U.S. Supreme Court issued a court decision about gun rights in New York State Rifle & Pistol Association Inc. v. Bruen, 142 S.Ct. 2111. The case is commonly known as Bruen or the Bruen decision.

In a 6 to 3 ruling, the Supreme Court said that people have a constitutional right to bear arms in public for self-defense. The court also offered a new way of interpreting the Second Amendment of the U.S. Constitution.

Since the Bruen decision, people have filed lawsuits against state and federal gun laws that may place restrictions on firearms. The courts are in the process of making decisions that reflect the Bruen decision. Some laws may be found to be unconstitutional.

An attorney can help you determine what recent court decisions might mean for your legal rights. For information on finding an attorney, please see the library's Legal Help page.

Related FAQs & Guides

FAQs

• Can I gift a firearm to a minor? How old do you need to be to receive a gun as a gift?
• I want to sell my gun to another person in Texas. How can I do that?
• Do I need to transfer the registration of a firearm from one person to another?

Guides

• Gun Laws

Can someone with a felony conviction own a gun?

Texas law and federal law say different things. 

Texas law says no, but it contains an exception. Section 46.04 of the Texas Penal Code makes it illegal for someone convicted of a felony to possess a firearm. If more than 5 years have passed since completing their prison sentence (including parole or probation), the law allows possessing a firearm at home. 

Federal law does not contain that exception. It prohibits anyone who was convicted of a crime punishable by imprisonment for longer than a year from possessing any firearm. The definitions in federal law say this excludes misdemeanors punishable by imprisonment for 2 years or less. See 18 U.S. Code 922(g) and 18 U.S. Code 921(20). 

What Happens When State and Federal Law Are Different?

In some situations, state law and federal law may be in conflict each other. A common example of this is laws regarding cannabis. Some states have legalized cannabis use but federal law still considers it a restricted controlled substance.

The Felony Convictions & Firearms page of our Gun Laws guide links to resources that talk about owning a firearm in Texas if you have a felony conviction.

An attorney can help you learn about your legal right to own a gun if you have a criminal history. For information on finding an attorney, please see the library's Legal Help page.

What is a Firearm? Are There Exceptions?

Texas and federal law have specific definitions for the term "firearm." Some antique or curio firearms are exempt from both the state and federal legal definitions of a firearm. It is important to read the law carefully because the definitions are often technical.

• Section 46.01 of the Texas Penal Code defines firearm and excludes certain antique or curio firearms.
• 18 U.S. Code 921 defines firearm and excludes antique firearms. Several other related terms like rifle and shotgun are also defined.

See our related Legal FAQ: Can someone who has been convicted of a felony own a black powder gun?

Second Amendment Lawsuits

In 2022, the U.S. Supreme Court issued a court decision about gun rights in New York State Rifle & Pistol Association Inc. v. Bruen, 142 S.Ct. 2111. The case is commonly known as Bruen or the Bruen decision.

In a 6 to 3 ruling, the Supreme Court said that people have a constitutional right to bear arms in public for self-defense. The court also offered a new way of interpreting the Second Amendment of the U.S. Constitution.

Since the Bruen decision, people have filed lawsuits against state and federal gun laws that may place restrictions on firearms. The courts are in the process of making decisions that reflect the Bruen decision. Some laws may be found to be unconstitutional.

An attorney can help you determine what recent court decisions might mean for your legal rights. For information on finding an attorney, please see the library's Legal Help page.

Related FAQs & Guides

FAQs

• Can someone who has been convicted of a felony own a black powder gun?
• Can I own a gun if my spouse, partner, or someone I live with was convicted of a felony?
• How does a felony conviction affect me?

Guides

• Gun Laws
• Reentry Resources for Former Prisoners

Do I need to transfer the registration of a firearm from one person to another?

In Texas, there is not a state firearm registry. The federal government also does not maintain a general registry of handgun or rifle ownership. Therefore, when a sale is made between two Texas residents for a firearm not covered by the National Firearms Act (such as such as short-barreled shotguns, machine guns, silencers, etc.), there is no registration to transfer.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives has published this brochure [PDF] with information about the best practices for transfers of firearms between private sellers. It suggests using ATF form P 3312.8, Personal Firearms Record, to record the purchase of a firearm.

If you are selling a firearm to someone who does not live in Texas, the procedure for the transfer will differ. Federal law, in 18 U.S. Code 922(a)(3) and 922(a)(5), allows private individuals to sell guns to one another only if they both live in the same state and if they are not legally prevented from possessing a firearm. Unless a Federal Firearms Licensee (FFL) is involved, Texans can only sell firearms to another Texas resident. If you are selling a firearm to someone who lives in a state with a state firearm registry, you will need to conduct the sale through an FFL who can advise you about how the registration should be handled.

Is it true you can shoot your wife's lover if you catch them "in the act?"

It is a common misunderstanding that Texas law allows you to kill your spouse’s lover if you catch them in an intimate act. While this is not the current law, it was legal at one point in time.

Until 1973, a Texas law said that a killing under these circumstances was "justifiable." This was found in Article 1220 the Texas Penal Code. At the time, it read:

Homicide is justifiable when committed by the husband upon one taken in the act of adultery with the wife, provided that the killing takes place before the parties to the act have separated. Such circumstance cannot justify a homicide where it appears that there has been, on the part of the husband, any connivance or assent to the adulterous connection.

This law was repealed in 1973 by Senate Bill 34 and no longer exists.

Can a person with a felony conviction own a black powder gun?

Muzzleloaders and black powder guns usually refer to antique or "curio" firearms. These types of weapons are excluded from the legal definition of "firearm" under Texas and federal law.

Definition of "Firearm" in Texas & Federal Law

Texas defines "firearm" in Section 46.01 of the Texas Penal Code. This definition has an exception for antique firearms in (3):

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.

Similarly, federal law defines "antique firearm" in Section 921 (a)(16), Title 18 of the U.S. Code. Much like the Texas law, "antique firearms" are not included in the legal definition of "firearm." See Section 921(a)(3), Title 18 of the U.S. Code.

Restrictions for People with Felony Convictions

Texas and federal laws restrict people convicted of certain offenses from possessing firearms. These laws are in Section 46.04 of the Texas Penal Code and Section 922, Title 18 of the U.S. Code, respectively.

If antique weapons aren't considered firearms, can people with felony convictions possess them? The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) addresses this in an FAQ:

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.

However, certain muzzle loading models of antique weapons are classified by the ATF as firearms. This means they cannot lawfully be possessed by "prohibited persons." Please read the full text of the FAQ for more details and a list of weapons classified as firearms.

Additionally, the ATF has illustrated examples of antique firearms on their website.

The library also has more information on firearm restrictions for people with felony convictions on the Felons & Firearms page of our Gun Laws guide.

The law can be complex, so you may wish to talk to an attorney about whether you can legally possess a firearm. For more information on finding an attorney, please see the library's Legal Help page.

Related FAQs & Guides

FAQs

• Can someone who has been convicted of a felony own a gun?
• Can I own a gun if my spouse, partner, or someone I live with was convicted of a felony?
• How does a felony conviction affect me?

Guides

• Gun Laws
• Reentry Resources for Former Prisoners

Who can perform a marriage ceremony in Texas? Do I need to register as an officiant?

There is no requirement to have a wedding officiant’s license or to register as an officiant. However, you must be qualified to conduct a marriage ceremony according to Texas law.

Who Can Officiate a Wedding?

Only certain persons may officiate a marriage ceremony. Texas Family Code Section 2.202 states who qualifies to perform weddings that are valid under Texas state law:

• A licensed or ordained Christian minister or priest;
• A Jewish rabbi;
• A person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony; or
• A current, former, or retired federal judge or state judge.

Do I Need to Register as an Officiant?

No. You must be qualified to officiate a wedding according to Texas Family Code Section 2.202. There is no requirement to register with the state before you can perform a ceremony.

Can a Friend Officiate My Wedding?

Only if they meet the requirements described above. Some people choose to become officers of a religious organization specifically for this purpose.

What if an Unauthorized Person Conducts the Ceremony?

Under Texas Family Code Section 2.302, the marriage is still valid if certain conditions are met:

• There was a reasonable appearance of authority by the officiant;
• At least one party to the marriage participated in the ceremony in good faith and that party treats the marriage as valid;
• Neither party was a minor prohibited from getting married by law; and
• Neither party committed bigamy under Texas Penal Code Section 25.01.

If an unauthorized person knowingly officiates the ceremony, the offense is a Class A misdemeanor or a third-degree felony. For more details, see Texas Family Code Section 2.202(c) and Section 2.202(d).

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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.

How can I report violations of face mask or face covering orders?

GA-38 Replaces Previous Mask Orders

Previous executive orders from the governor that required the use of face coverings/masks are no longer in effect. They were rescinded by the governor's Executive Order GA-38 [PDF], issued July 29, 2021, which states: 

No governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering;

Texas Attorney General Ken Paxton recently announced on Twitter that his office is taking reports of violations of GA-38 by local government entities via e-mail at maskmandate@oag.texas.gov.

Exceptions to GA-38

GA-38 outlines several exceptions where face coverings can still be required: state living centers, government hospitals, TDCJ and TJJD facilities, and county and municipal jails are permitted to “continue to use appropriate policies regarding the wearing of face coverings.”

Violations of GA-38

GA-38 supersedes any local mask requirements, and a governmental entity that imposes a mask requirement is subject to a fine of up to $1,000, but GA-38 does not include details on where or how to report a violation. However, Texas Attorney General Ken Paxton recently announced on Twitter that his office has created a point of contact specifically for reports of GA-38 violations by local governments. You can email these reports to maskmandate@oag.texas.gov. 

Masks at Businesses

You may still see mask requirements at private businesses as they generally have the right to set their own safety and hygiene policies for customers and employees. For more details about mask requirements at private businesses, please see our FAQ Can a business require me to wear a mask? I thought the mask mandate was over.

For more information, please see the Mask Laws page of the COVID-19 & Texas Law research guide. 

Can a marriage ceremony in Texas be conducted over Zoom or Skype?

Texas law does not provide many details about the actual marriage ceremony and how it may be conducted. The law does not explicitly say whether an officiant can conduct a ceremony from a remote location using software like Zoom or Skype. In some counties like Travis and Tarrant, the justices of the peace offer ceremonies using videoconferencing software. There are also news reports from Houston and Austin of wedding ceremonies using Zoom or similar software during the COVID-19 pandemic. Your county's justice of the peace website or county clerk website may offer details about a “Zoom wedding.”

If you still have doubts or questions after reviewing the information on this page, you should seek advice from an attorney.

What Does the Law Say About Marriage Ceremonies?

Texas law does not regulate where the ceremony can or cannot take place. It only requires that the license list the county where the ceremony was performed.

Regarding the ceremony itself, the law says it must take place within 90 days of when the marriage license is issued. There's a 72-hour waiting period between the issuance of the license and the ceremony, with some exceptions. Only certain people are authorized to conduct the ceremony. The law does not address what should be done or said during the ceremony. After the ceremony, the officiant updates the license and returns it to the county clerk within 30 days. The county clerk then records and returns the marriage license.

You can read these laws in Chapter 2, Subchapter C of the Texas Family Code or by visiting the Conducting the Ceremony page of our Marriage in Texas guide.

What If I Can't Attend the Ceremony?

Marriage by proxy is when one person is unable to attend the ceremony and authorizes another adult to fill in for them during the ceremony. Marriage by proxy is not available to everyone. It is limited to certain military members stationed in another country who are unable to attend the ceremony. The law allows that person to designate another adult who can act as a proxy during the ceremony. In these cases, Chapter 2 of the Texas Family Code requires that an affidavit be submitted to the county clerk when applying for the marriage license.

Why Does it Matter If the Officiant Is Somewhere Else?

Marriage laws vary widely across the country. It is possible that legal issues may arise if an officiant is in a different legal jurisdiction than the couple. Some jurisdictions may require the couple and the officiant to appear in person during the ceremony. This article on Skype weddings from American Marriage Ministries provides some examples of jurisdictions in the U.S. that have these types of requirements.

As librarians, we cannot advise you on whether your marriage ceremony would be considered legal. An attorney could advise you on the laws you must comply with if you are considering conducting your marriage ceremony across jurisdictional boundaries.

What If We Make a Mistake?

Section 2.301 of the Family Code addresses the validity of marriage if there was a mistake in obtaining a marriage license:

Except as otherwise provided by this chapter, the validity of a marriage is not affected by any fraud, mistake, or illegality that occurred in obtaining the marriage license.

For more information about Texas marriage laws, see the library's Marriage in Texas guide.

Can an out-of-state visitor carry a gun in Texas?

Reciprocity Agreements

Texas has reciprocity agreements with certain other states for firearm licenses. This means that a firearm license issued in that state will also be recognized in Texas.

The terms of these agreements can vary from state to state. Not all states have reciprocity agreements with Texas. Some states have unilateral agreements with Texas. This usually means that Texas will recognize that state's firearm license but a Texas License to Carry (LTC) may not be recognized in that state. 

You can view a list of states with reciprocity agreements and read through the corresponding agreements on the Texas Department of Public Safety (DPS)’s website. 

Permitless Carry

As of 2021, Texas no longer requires a person to be licensed to carry a handgun. See our Legal FAQ about this, Do I need a license to carry a handgun in Texas?

It is not yet clear how this change affects reciprocity agreements for out-of-state visitors carrying firearms in Texas.

Anyone carrying a firearm in Texas is still subject to other laws and restrictions on carrying a firearm in Texas. The library has a Carry of Firearms page on our Gun Laws guide with more information on state and federal laws. If you plan on visiting Texas, you may want to review these laws before you visit. 

LTC Benefits

Texans can still apply for an LTC. Having a Texas LTC may be beneficial for anyone who wishes to carry a firearm in another state that has a reciprocity agreement with Texas. DPS has more information about the benefits of getting an LTC in Texas on its website.

The law can be complex, so you may wish to talk to an attorney if you aren’t sure whether you can legally carry a gun in Texas. For more information on finding an attorney, please see the library's Legal Help page.

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Can I be required to show proof of COVID-19 vaccination or a “vaccine passport?”

Summary: With some exceptions, governmental entities and businesses that receive public funding or licenses/permits from the state of Texas are barred from requiring proof of COVID-19 vaccination status in order to access goods and services.

What Is a Vaccine Passport?

Section 161.0085 of the Texas Health & Safety Code, which went into effect on June 16th, 2021, prohibits any governmental entity in the state of Texas from issuing standardized documentation that certifies an individual's COVID-19 vaccination status to a third party for a purpose other than health care. This type of documentation is sometimes referred to as a vaccine passport. 

Can a Business Require Proof of Vaccination for Customers?

Both Section 161.0085 of the Texas Health & Safety Code and Governor Abbott's Executive Order GA-39 address this issue. They both say that a business that receives public funds or a license or permit from the state of Texas may not require customers to provide proof of a COVID-19 vaccination.

Section 161.0085 states the following:

(c)  A business in this state may not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the business.  A business that fails to comply with this subsection is not eligible to receive a grant or enter into a contract payable with state funds.

(d) Notwithstanding any other law, each appropriate state agency shall ensure that businesses in this state comply with Subsection (c) and may require compliance with that subsection as a condition for a license, permit, or other state authorization necessary for conducting business in this state.

This statute also states that Texas businesses are permitted to follow current public health guidelines regarding COVID-19 screening:

(e) This section may not be construed to: (1) restrict a business from implementing COVID-19 screening and infection control protocols in accordance with state and federal law to protect public health;

GA-39 states the following: 

Any public or private entity that is receiving or will receive public funds through any means, including grants, contracts, loans, or other disbursements of taxpayer money, shall not require a consumer to provide, as a condition of receiving any service or entering any place, documentation regarding the consumer’s vaccination status for any COVID-19 vaccine. No consumer may be denied entry to a facility financed in whole or in part by public funds for failure to provide documentation regarding the consumer’s vaccination status for any COVID-19 vaccine.

Can a Governmental Entity Require Proof of Vaccination?

Governor Abbott issued Executive Order GA-39 on August 25th, 2021. With certain exceptions, GA-39 prohibits Texas state agencies and political subdivisions from requiring proof of a COVID-19 vaccination:

State agencies and political subdivisions shall not adopt or enforce any order, ordinance, policy, regulation, rule, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual’s vaccination status for any COVID-19 vaccine.

However, nursing homes, state-supported living centers, assisted living facilities, and long-term care facilities may still “require documentation of a resident's vaccination status for any COVID-19 vaccine.”

Note: Prior to GA-39, the Texas governor also issued executive orders GA-35 and GA-38 addressing COVID-19 vaccines.

Can My Employer Require Proof of Vaccination?

This question is complicated because there are orders and regulations regarding employees at both the state and federal levels. Find details in our other FAQ, Can I be required to get a COVID-19 vaccine? Can my employer fire me if I don't get vaccinated?

For more details on Texas and federal laws on COVID-19 vaccines, please visit the Vaccines page of our COVID-19 & Texas Law guide.

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Can you carry a handgun without a license during a disaster in Texas?

Due to House Bill 1927, Texas law no longer requires people who can legally possess a firearm under both state and federal law to have a License to Carry (LTC) in order to carry a handgun. Prior to the passage of permitless carry by HB 1927, Texas Penal Code Section 46.15 included an exception to the requirement of a License to Carry under certain situations during a declared disaster. We outline the provisions of Section 46.15 below.

In 2019 the Texas Legislature passed a law that creates an exception to the requirement for a License to Carry for those in the process of evacuating from a declared state or local disaster area or returning to that area after evacuating. The exception applies for 7 days after the initial disaster declaration is issued (unless the Governor specifically extends that time period). The law does not apply to those who are prohibited by law from possessing a firearm. The law is codified at Section 46.15 of the Texas Penal Code.

Section 46.02 of the Texas Penal Code sets out parameters for when the carrying of a handgun is unlawful. Subsection (k) of Section 46.15  says that Section 46.02 does not apply to a person who carries a handgun if the following 3 conditions are met:

(1) the person carries the handgun while:

(A)  evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or

(B)  reentering that area following the person's evacuation;

(2)  not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and

(3)  the person is not prohibited by state or federal law from possessing a firearm.