A Guide to Guns in Texas
The State of Texas has strong historical ties to the right to carry firearms, stemming from the state’s founding as an independent Republic in the mid 1800s. However, the modern framework of Texas gun laws is built on the recent history of concealed and open carry legislative changes in the past couple of decades.
Texas gun laws are known for being relatively permissive toward gun ownership and carry. But those looking to carry firearms in Texas should familiarize themselves with the basic framework of who may or may not carry firearms, where they can be carried, and the types of firearms that may be carried.
Unlicensed carry is allowed in Texas, via certain long guns. As far as long guns, in Texas, anyone over the age of 18 and not otherwise prohibited by law may carry shotguns and rifles, provided that they are out of public view. Long guns should be transported in a way that prevents them from being seen. Shotguns should be transported in a gun rack or case, while rifles should be transported in a case.
Unlicensed carry is not allowed on handguns in Texas, however. Firearms carrying laws are broken down into two main categories: those for long guns and those for handguns . While there are no license requirements for carrying long guns in Texas, a Texas handgun license (sometimes called a license to carry a handgun, CHL) is required to carry handguns.
Essentially a "Shall Issue" permit, a CHL license is required to carry handguns, but can be issued to most citizens that meet any of the number of requirements to obtain one. A license will also be required to carry a handgun concealed, that is, out of plain view as a "last resort" according to state law.
There are a number of places where you cannot carry a gun in Texas after obtaining a license. Though there are a number of exceptions to each of these rules; generally, these locations include the following:
While there are certain restrictions on firearms use, the use of firearms in defense is widely accepted in Texas law. Texas does not have a "duty to retreat" when self-defending. Texas law allows you to use lethal force, when necessary, to stop people using lethal force against others. Further, you can use lethal force if you perceive a deadly threat to be present and use lethal force against people committing arson or robbery.
These rights are extended to other persons in some situations. For more information see Texas Penal Statutes Title 1, Chapter 9 "Justification Excluding Criminal Responsibility."
Self Defense under Texas Law
Texas statutes outline the general legal provisions allowing for the use of self-defense. Of particular interest to those concerned with gun law, in Chapter 9, titled "Justification Excluding Criminal Responsibility," section .33 prohibits a firearm enthusiast from "fleeing," so to speak, when self-defense laws apply. Additionally, it is important to note that as per CBS News, a Texas law passed in 2007 allows for people to "Stand their Ground" as opposed to retreating when threatened. Some might say there’s no need to review Chapter 9 because it is irrelevant. But if you check out the Texas Penal Code, Sec. 9.31 it still has some effect on gun law. In short, section 9.31 entitled "Deadly Force Justifiable," states that "A person is justified in using force against another when and to the extent the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful deadly force."
Sec. 9.33 refers to the use of deadly force which has been found inapplicable to the "Stand your Ground" law in Texas. The relevant provision reads: "A person is justified in using deadly force against another if the actor would be justified in using force against the other under [the above] section; and when and to the extent the actor reasonably believes the deadly force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful deadly force."
Note that the phrase "immediately necessary" appears twice in the definition. It is also worth noting that the Penal Code refers to "unlawful deadly force" which is relevant to Chapters 43 and 46 where weapons and firearms are addressed.
Castle Doctrine in the Lone Star State
In Texas, self-defense is a legally protected right that is often tied to the location of the altercation. Under Chapter 9, Title 1 of the Texas Penal Code, citizens can "stand their ground" or "go to the wall" for certain offenses. Article 9.31 states that a person has the right to use force against another, without retreat, to protect themselves provided they are in a place they have a right to be. The legal justification to potentially use deadly force, however, is reserved for extreme situations, such as using a gun in self-defense against an armed assault.
Put more simply, self-defense is the legal term for an individual’s right to protect themselves from an attack. That right is extended further in the case of home and business owners; under the "Castle Doctrine," homeowners do not have a duty to retreat from an intruder, even when deadly force is used.
The "Castle Doctrine" codified in Chapter 9, Title 1 of the Texas Penal Code extends the right of self-defense to protect homes, businesses, and vehicles. The law offers Castle Doctrine immunity to those who use force against an intruder entering an area person has the right to be — essentially protecting civilians from facing penalties associated with the use of deadly force. The term "castle" refers to the old English adage that one’s home is a castle.
Texas lawmakers passed the Castle Doctrine (House Bill 1809) in September 2007, and underlines this law:
An owner, occupant, or licensee of a habitation, vehicle, or occupancy has no duty to retreat before using force against another who is not a public servant and who has not provoked the person into using force against the actor.
This extends to:
Many people do not realize that self-defense law in Texas overwhelmingly favors the defendant in cases where the accused party killed someone while being attacked. Assembly Bill 3780 (July 2007) extends protections in self-defense cases where individuals drawing or firing a weapon cannot retreat; this is known as the "Stand Your Ground Law."
Although the law was not made official until 2007, the Castle Doctrine has long been a part of Texas culture. In March 2007, a homeowner was charged with murder when he shot a man breaking into his garage from behind. The defendant spent 18 months in prison, but was able to eventually post bond and was ultimately released.
Despite facing significant criticism, the bill passed. The law was endorsed by the Republican Party of Texas and was authored by Cay Beauchamp, a GOP representative in the State Legislature. The main points of HB 1809 focused on to "stand their ground" and "go to the wall," and were intended to show that homeowners had the right to protect themselves when their homes are at risk.
Many self-defense cases hinge on the location of the crime. For example, in a bar fight, persons involved could face charges for assault or even homicide if someone dies as a result of the fight. In many cases, self-defense strategies can be used to reduce charges or avoid penalties altogether — though it is important to understand that self-defense must be considered a reasonable response at the time of the altercation.
When a person is at home, the situation can be more straightforward. If someone unwelcome physically breaks into a home, the occupant has the legal right to shoot them. Texas law explicitly states that citizens who are threatened with a life-threatening attack have the right to protect themselves with deadly force. In 2011, a jury cleared an elderly Texas man who was charged for murder when he shot and killed a burglar. The man claimed he felt threatened as he attempted to steal from his vehicle.
In all areas of the state, prosecutors usually do not seek charges against persons acting in self-defense in ownership of personal property, homes, and vehicles. That said, the prosecutor will typically have the burden to prove beyond a reasonable doubt.
Finally, it is always important to remember that the law will first assume that the individual who used deadly force did so the context of self-defense. For that reason, there is no need to "PLAY DEAD" during a lethal threat or other potentially dangerous situation.
Carrying Guns in Texas
There are laws in Texas that specify where a person may and may not carry a concealed weapon, as well as laws concerning openly carrying a weapon. The specifics of each law can be confusing, even to those familiar with firearms as well as frequented members of the community.
Texas law permits an individual to carry a firearm and issues concealable weapons permits to individuals over the age of 21 who can provide proof of residence, citizenship and background. Concealed weapons must be kept out of sight in order to comply with the law. Individuals with concealed weapons permits are required to participate in training and education programs concerning the use of firearms. In addition, individuals are also required to provide fingerprints for state and federal background checks.
Openly handguns may only be carried by individuals over the age of 21 in their holsters exposing the weapon. Openly carried rifles may be carried if they are not displayed in a business that prohibits them. Business owners, through proper signage posted must express their wishes directly to a firearm carrier.
Certain locations are off-limits when carrying a firearm. These include school campuses, correctional facilities and polling places.
Using a Gun for Your Defense
A common misconception in the state of Texas is that when you use your gun to protect yourself or another, you will be immune from prosecution. This is absolutely not true and there are serious implications under the law for using a gun, even if it is for self-defense.
When someone uses a weapon on another person, whether it is a gun or knife or baseball bat, intent becomes very important in determining if that person has committed a crime. When you have the intention to kill or cause serious bodily injury to another, your actions fall under murder or aggravated assault charges. Intentionally. Voluntarily. Knowingly.
Therefore, you may have committed a crime if you did not intend to kill or seriously harm anyone, but the facts indicate that is what you set out to do.
It is important to understand that you can still be charged even when you are just trying to protect yourself. You see, it is entirely up to the prosecutor and the jury to decide if your actions were justified or in self-defense or if your actions were considered reckless and overly aggressive.
You may be arrested, charged, and taken through the criminal justice system for your actions even if you are found to have acted in self-defense. A jury will determine if you used reasonable force to defend yourself or others. If they decide that you did not, you will be convicted of a crime. At this point, stating that you acted in self-defense will not keep you from being convicted. You still acted with the intent to kill or cause serious bodily injury .
The basic facts of an incident where a gun was used in self-defense are as follows:
First, you must have an honest, subjective belief that using force is immediately necessary to protect you against another’s use of unlawful force. Again, this belief must be reasonable. Your subjective belief that was reasonable is not enough.
Second, you have to reasonably believe that the use of force is immediately necessary to stop an unlawful use of force against someone else. In this case, this may be a family member or friend. Again, your belief that this is a reasonable, even subjective, is not enough.
Like all laws, there are exceptions to the "Defense of Person" law. You can’t instigate or solicit someone to attack you just so you can then use deadly force against them. If you are merely communicating with someone and they become angry and threaten you, you cannot use deadly force against them.
If you are in a house or car, etc., you can’t provoke an attack against you just so you can stand your ground and use your gun. In other words, someone can’t push your buttons just so you can turn around and shoot them.
Reasonable belief is what is key to self-defense rights in Texas. This goes back to the Proposition 3 and 31 that were voted into law in November 2007. This gave Texans more legal rights when it came to self-defense issues.
The "Castle Doctrine" law gives citizens the right to use deadly force without trying to retreat first. This law also covers houses, apartments, and places of business, as well as cars. Castle Doctrine only applies if someone forcefully and unlawfully enters or attempts to enter an occupied habitation or building.
Recent Updates and Changes to Gun Laws in Texas
In recent years, Texas has seen a significant number of changes in its gun and self-defense laws, primarily in response to national tragedies and increasing public demand for the right to bear arms. In 2015, Texas passed open carry legislation, allowing individuals with a handgun license to openly carry holstered handguns in most public places throughout the state. The law became effective on January 1, 2016, and has undergone several minor updates since.
Additionally, in response to increasing concerns related to mass shootings, Texas legislators introduced a new bill in 2017, allowing licensed handgun owners to bring firearms on post-secondary education campuses. The bill, Texas Senate Bill 11, went into effect on August 1, 2016. Similar proposals have sought to amend the existing Stand Your Ground laws, allowing for an extended right to self-defense in public places. Although the latter bill never made it out of committee in the Texas House, it indicates a general willingness on the part of legislators to expand self-defense and gun rights within the state.
Most recently, in September 2019, Texas lawmakers passed a bipartisan bill to further regulate the use of guns in public. The measure, Texas House Bill 2363, prohibits individuals with a handgun license from carrying on the premises of a church or other religious institution that provides religious services, unless that person is authorized by the institution, or from carrying a handgun on the premises of a day-care facility.
Other Resources for Texans on Guns
If you are a Texas gun owner, it is wise to familiarize yourself with the following resources:
Texas Department of Public Safety – License to Carry a Handgun
This is the official page for information on obtaining a License to Conceal Carry in Texas.
U.S. Concealed Carry Association (USCCA)
The USCCA is a national organization that provides training and education, along with insurance options, to licensed gun owners, as well as those interested in the legal and safe ownership of firearms. It also works to prevent needless tragedy through education about responsible carry.
Packing . org
Paid membership is not required to access Packing.org’s Texas page. Whether you intend to travel in full compliance with the law or you carry at home, this page is an important resource.
Texas Law Shield
This popular service offers legal representation to gun owners for criminal self-defense situations. If charged with a crime, the service could save you thousands of dollars in attorney’s fees if you are accused of a gun crime in Texas.
LegalZoom’s FAQs
This page outlines questions often asked by people seeking to purchase guns in Texas. It also lists several links to gun-related resources.