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? 

In Texas, a qualified person can carry a handgun in their car or a car "under the person's control." The handgun may only be in "plain view" if the person is over 21 or has a License to Carry (LTC) and has the handgun in a holster. We have not found any Texas laws that restrict transporting a rifle or other long gun in a motor vehicle.

Who can carry a handgun in a car?

Texas law allows a person to carry a handgun in their motor vehicle or in a motor vehicle "under the person's control." The person must be able to legally carry a handgun under both state and federal law. Please see the Carry of Firearms page of our Gun Laws guide for more information on who can carry a firearm in Texas.

Section 46.02 of the Texas Penal Code makes it a criminal offense to unlawfully carry a handgun in Texas. Subsection (a)(3)(b) provides an exception 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 in the Penal Code further restrict who can carry a handgun in a vehicle: 

• Section 46.02 (a-1) (2) prohibits anyone involved in criminal activity from carrying in a vehicle or watercraft.
• Section 46.04(a-1) prohibits a member of a criminal street gang from carrying a handgun in a motor vehicle or boat.

Storing the firearm

Changes made to the law in 2021 allow more people to carry a handgun in "plain view" within the vehicle. The law does require the handgun to be in a holster when it is in "plain view." Texas law does not say what type of holster is required.

Subsection (a-1) of Section 46.02 states:

(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;

Texas law do not say where the gun should be stored in a vehicle or if the gun must be unloaded.

Long guns

We have not found any Texas laws that restrict transporting a rifle or other long gun in a motor vehicle or watercraft. 

Crossing state lines

The federal "Safe Passage" law in Section 926A, Title 18 of the U.S. Code provides an affirmative defense for people traveling with their firearm across states lines if certain conditions are met.

Private legal defense company U.S. Law Shield’s article explains this law in more detail and goes over other things to consider when traveling outside Texas with your firearm.

Employer parking lots

Section 52.061 of the Texas Labor Code prohibits an employer from denying an employee the ability to store a firearm in their parked vehicle. This law does not apply to all employers. See Section 52.062 for the list of exceptions.

Section 37.0815 of the Texas Education Code prohibits a school district or open-enrollment charter school from denying an employee with an LTC the ability to store a firearm in their parked vehicle if it is not in "plain view."

Related FAQs and Guides

FAQs

• Do I need a license to carry a handgun in Texas?
• I'm visiting Texas from another state, and I have a license to carry in my home state. Can I carry my gun in Texas?

Guides

• Gun Laws

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

In 2021, Texas passed a “constitutional carry” bill. This bill changed the law to eliminate the need for a License to Carry (LTC) for some people. Now, if you can legally possess and carry a firearm, you no longer need an LTC to carry a handgun in a public place.

Before September 2021, Texas residents who wished to carry a handgun in public needed a License to Carry (LTC) issued by the Texas Department of Public Safety (DPS). To get the LTC, applicants needed to complete specific training and testing.

In 2021, the Texas Legislature passed House Bill 1927. The bill allows some people to carry a handgun on their person in a public place without an LTC. The bill requires DPS to provide a free firearm safety course on their website, but training is no longer required.

Governor Greg Abbott signed HB 1927 into law on June 16th, 2021. It became effective on September 1^st, 2021. This act is known as the Firearm Carry Act of 2021. It 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 can legally carry a firearm. As librarians, we cannot help you determine what the laws mean for your specific situation.

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 previously could not carry a gun?

This bill did not grant new rights to people who were barred from possessing a firearm under state and federal law. According to Section 2, subsection (3) of the bill:

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 couldn’t under the previous law. People with felony and certain recent misdemeanor convictions still cannot carry a firearm in public. 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 speak with an attorney.

Can I carry a gun anywhere in Texas?

Firearms are always restricted in certain places, such as schools, polling places, secured areas of airports, amusement parks, and more. These laws are in Section 46.03 of the Texas Penal Code.

Owners of private property can choose to ban firearms on their property. If guns are not allowed, the owner must provide "notice." According to the law, notice can be in the form of spoken or written communication, including signage. Signs prohibiting firearms on private property must have certain elements, including:

• Specific wording in both English and Spanish
• Letters in contrasting colors
• Letters in block print at least one inch high

Please see Sections 30.05 - 30.07 of the Texas Penal Code for specific details.

Does my gun need to be in a holster?

If a handgun is partially or wholly visible, it must be in a holster.

Section 46.02 (a-5) of the Texas Penal Code now only uses the term "holster." Before the 2021 amendments, it used the phrase "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. 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.

The law can be complex, so you may wish to talk to an attorney before carrying a firearm in public. For more information on finding an attorney, please see the library's Legal Help page.

Related FAQs & Guides

FAQs

• Can I carry a gun in my car?
• Can someone with a felony conviction own a gun?
• Can an out-of-state visitor carry a gun in Texas?

Guides

• Gun Laws

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 (AG) 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

Can I carry a gun while wearing a mask? 

Our library has been unable to find any laws that would prohibit a person who is otherwise qualified from carrying a gun while wearing a mask.

Please see the Carrying & Transporting page of our Gun Laws guide if you would like to learn more about carrying a gun in Texas.

Related FAQs and Guides

FAQs

• Does Texas have an anti-mask law?
• Do I need a license to carry a handgun in Texas?
• Can you carry a handgun without a license during a disaster in Texas?

Guides

• Gun Laws
• COVID-19 and Texas Law

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

There is no Texas law that states how old the child must be before parents can leave them home alone. Instead, the concept of "neglect" is used to determine if they have failed to supervise their child properly.

The Texas Department of Family and Protective Services (DFPS)'s page on child supervision provides some guidance when deciding how closely to supervise a child. Of course, putting the child at risk of harm or danger may be considered neglectful. DFPS takes reports and investigates claims of child neglect and abuse.

What is child neglect?

Texas Family Code defines neglect in Section 261.001(4):

(4) "Neglect" means an act or failure to act by a person responsible for a child's care, custody, or welfare evidencing the person's blatant disregard for the consequences of the act or failure to act that results in harm to the child or that creates an immediate danger to the child's physical health or safety […].

Placing a child in situations that are beyond their maturity level can be considered neglect if it results in an injury or danger of harm.  According to Subsection (4)(ii)(a), neglect includes:

(a) placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or an immediate danger of harm to the child[.]

What about leaving a child alone in a car?

You should never leave an unattended child in a car, even for short periods of time. Entrapment can result in permanent injury or death. Leaving a child alone in a vehicle may also constitute a criminal offense under Section 22.10 of the Texas Penal Code. 

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

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

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 fix a broken A/C unit. Be sure to review:

• Your lease agreement
• Your 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 it mentions air conditioning. Your lease agreement may say whether your landlord has agreed to maintain your A/C unit. Alternatively, the lease may say that appliance repair is the tenant's responsibility!

If you need help understanding your lease, consider using Free Legal Answers. 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, you may have local laws that require your landlord to protect you 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.

In order to request repairs under this section:

• You cannot be behind on rent; and
• The problem cannot be caused by you, your 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.

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

The law can be complex, so you 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 I withhold rent or deduct repair costs if my landlord is not fixing a problem with my rental?
• My landlord gave me an eviction notice. What happens next? What are my rights?
• Can I use my security deposit for last month's rent?
• Can my landlord raise my rent?
• Can my landlord make me pay rent online?

Guides

• Landlord/Tenant Law

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 and private employers cannot require COVID-19 vaccines, although federal guidance allows private businesses to require vaccines for their workers.

Can the government require me to get a COVID-19 vaccine?

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 law went into effect September 1st, 2023.

The 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.

There are no federal vaccine laws or orders that would require a person to get a COVID-19 vaccine. Earlier in the pandemic, several executive orders required COVID-19 vaccinations for certain groups. These were all either revoked or blocked by the courts

Can my employer require me to get a COVID-19 vaccine?

A new Texas law bars private employers from requiring workers to be vaccinated against COVID-19. These restrictions are in Senate Bill 7, which adds Chapter 81D to the Texas Health & Safety Code. The new law goes into effect on February 6th, 2024.

This law prohibits employers from taking "adverse action" against employees, contractors, or applicants for refusing to get vaccinated for COVID-19. See Section 81D.001 for a definition of "adverse action:"

(1)"Adverse action" means an action taken by an employer that a reasonable person would consider was for the purpose of punishing, alienating, or otherwise- adversely affecting an employee, contractor, applicant for employment, or applicant for a contract position.

The law does allow certain healthcare facilities, providers, and physicians to require unvaccinated workers to wear protective medical equipment. These requirements are not considered an "adverse action" under the law. This exception is in Section 81D.0035(b).

The Texas Workforce Commission (TWC) takes complaints about violations of this law. TWC can:

• investigate the violation; 
• impose a $50,000 penalty per violation (this penalty is waived if the employer hires or reinstates the complainant); 
• recover investigative costs from employers in violation; 
• ask the Texas attorney general to bring a lawsuit against the employer.

Federal guidance

Federal guidance differs from Texas law. 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

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?

Registration

Unlike some states, Texas does not have a state firearm registry. This means that there is no registration to transfer for most sales made between two Texas residents.

The federal government does not maintain a general registry of handgun or rifle ownership. They only require registration of firearms covered by the National Firearms Act (like short-barreled shotguns, machine guns, silencers, etc.). This law is in Title 26, Chapter 53, Section 5861 of the U.S. Code.

Records of transfers

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has published a brochure with information about the best practices to follow when transferring firearms between private sellers.

The ATF suggests using ATF form P 3312.8, Personal Firearms Record, to record purchases and sales of firearms.

Out-of-state transfers

Under federal law, private sales are prohibited across state lines. These laws are in Title 18, Chapter 44, Section 922(a)(3) and (a)(5) of the U.S. Code.

This means that Texans can only sell firearms through a private sale to other eligible Texas residents. See our Legal FAQ, How can I sell my gun to another person?

If you want to sell a firearm to someone who does not live in Texas, you must conduct the sale through a Federal Firearms Licensee (FFL). Licensed dealers can facilitate a private gun sale and handle any registration issues if the buyer is in a state with a firearm registry.

A dealer is 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. 

Related FAQs & Guides

FAQs

• How can I sell my gun to another person?
• How old do you need to be to buy a gun?
• Can I gift a firearm to a minor? How old do you need to be to receive a gun as a gift?
• Do I need to report a lost or stolen gun? How do I find the serial number?

Guides

• Gun Laws

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.

Who can perform a marriage ceremony in Texas?

There is no requirement to have a wedding officiant’s license or to register as an officiant, but 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 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 the 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 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.

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Can I give a gun to a minor?

In general, minors may not receive or possess a firearm, but there are some exceptions to the federal law.

Texas law

Texas law says that a person cannot give or sell a firearm to a child younger than 18 years of age. The state law about illegal transfers or sales of weapons is in Section 46.06 of the Texas Penal Code.

However, Subsection (c) of Section 46.06 states that a parent’s permission for the transfer can be an affirmative defense to prosecution. If the minor is buying the weapon, this permission must be in writing.

Federal law

Federal law is similar only when it comes to handguns. Chapter 44, Section 922(x) in Title 18 of the U.S. Code makes it illegal to transfer a handgun or handgun ammunition to a minor. This law also makes it illegal for a minor to possess a handgun unless all the following are true:

• The minor is using the handgun for their employment.
• The minor has written permission from a parent or guardian who is not prohibited by law from possessing a firearm
• The minor has the written permission in their possession at any time that they are also in possession of the handgun
• The minor follows other state and federal laws when possessing the handgun

According to the Giffords Center, there is no federal law that sets a minimum age on possessing or receiving rifles or shotguns.

More info

For more information about selling and gifting guns, please see the Buying & Transferring page of our Gun Laws guide.

The law can be complex, so if you have questions about a potential transfer you 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.

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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 a marriage ceremony in Texas be conducted remotely?

We have not found any Texas laws that require an officiant to be present at the ceremony in person.

Laws regulating marriage ceremonies are in Chapter 2, Subchapter C of the Texas Family Code. We have more details on these laws on the Conducting the Ceremony page of our Marriage in Texas guide.

In some counties (like Travis County and Tarrant County), the justice of the peace offers remote ceremonies over software like Skype or Zoom. You can reach out to the clerk’s office of your county’s justice of the peace to ask if this is an option.

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. These types of ceremonies are not available to everyone in Texas.

Section 2.203 of the Texas Family Code states that marriage by proxy is only available to U.S. military members who are:

1. stationed in another country in support of combat or another military operation; and
2. unable to attend the ceremony.

Does it matter where the officiant is?

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 from American Marriage Ministries provides some examples of jurisdictions in the U.S. that have these types of requirements.

What if we make a mistake?

With some exceptions, the validity of a marriage is not affected by mistakes that occur while obtaining the marriage license. Section 2.301 of the Family Code addresses this issue.

As librarians, we cannot advise you on whether your marriage ceremony would be considered legal. We also do not have any attorneys on staff who can provide legal advice. For more information on finding an attorney, please see the library's Legal Help page.

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

Texas law sets restrictions on vaccine "passports" for both governments and businesses.

Section 161.0085 of the Texas Health & Safety Code. prohibits state and local governments from issuing:

a vaccine passport, vaccine pass, or other standardized documentation to certify an individual's COVID-19 vaccination status to a third party for a purpose other than health care or otherwise publish or share any individual's COVID-19 immunization record or similar health information for a purpose other than health care. 

Businesses also cannot require proof of COVID-19 vaccination status from customers, according to Section 161.0085(c). 

A business that violates this law is not eligible for public funding or licensing from the state of Texas. The law tasks "each appropriate state agency" with ensuring that businesses comply with the law.

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

Both Texas and federal laws prohibit firearm possession after a felony conviction. See our Legal FAQ, Can someone with a felony conviction own a gun?

Unfortunately, “possession” is not clearly defined under these laws. If a person is charged with unlawfully possessing a firearm, the court would need to consider many factors to determine if the person was truly in "possession" of the firearm.

Constructive possession

One legal concept that may come into play is “constructive possession." Nolo, a legal dictionary, defines this term:

When someone does not have actual possession, but has the power to control an asset, that person has constructive possession. Having the key to a safe deposit box, for example, gives one constructive possession.

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 law firm’s article explains the concept in more detail as it relates to gun possession and felony convictions.

Talk to a lawyer

If you live with someone who has a felony conviction and you are not sure if you can legally own a gun, consider talking to a lawyer. As librarians, we cannot determine if a given situation would constitutes legal or illegal possession.

We also do not have any attorneys on staff who can provide legal advice. For more information on finding an attorney, please see the library's Legal Help page.

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