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mental illness or delinquency in child support payments or tax payments.

A person applying for a concealed carry license must suc- cessfully complete both the classroom and range components of the handgun proficiency course to receive a handgun pro- ficiency certificate. e handgun proficiency certificate must be no more than two years old and shall specify if it is valid for a revolver or semi-auto pistol based on the proficiency certificate.

  • e Department will issue a license to carry only for the

categories of firearms listed on the handgun proficiency certificate. A person who is renewing a license to carry a concealed handgun must renew their handgun proficiency certificate.

  • e Department of Public Safety by rule shall establish a

procedure for a person who is a legal resident of a state that does not provide for the issuance of a license to carry a concealed handgun, to obtain a Texas license. A non-resident applicant is required to pay a fee for the criminal history record check and investigation. Such permits remain valid until expira- tion and can be renewed until the other state issues a license recognized as a valid license in Texas

It is unlawful for a handgun license holder to carry a handgun on the premises of: a government court; a business that derives 51 percent or more of its income from the sale of alcohol for on-premises consumption; a school or educational institution, high school, collegiate, or professional sporting event or interscholastic event that is taking place; a hospital or nursing home; an amusement park; a place of religious wor- ship; a polling place on the day of an election; a meeting of a governing body; a race track; a secured area of an airport; a correctional facility; a correctional facility or within 1000 feet of such, on the day of an execution; the property of another after receiving notice that concealed handguns are forbidden on that property. It is unlawful to possess a firearm in a penal institution.

It is unlawful for a handgun license holder to carry a handgun while intoxicated. It is unlawful for a handgun license holder to carry a handgun and intentionally fail to conceal the handgun.

ANTIQUES AND REPLICAS

Antique or curio guns manufactured before 1899 and replicas thereof which do not use rim fire or center fire am- munition are not included in the definition of “firearm” as it is used in Texas Penal Code Title 10, Chapter 46, which governs weapons.

MACHINE GUNS

It is unlawful to possess, manufacture, transport, repair or sell a machine gun, explosive weapon, short-barreled firearm, or silencer. Federal registration of such an item under the National Firearms Act is a defense to this prohibition.

MISCELLANEOUS

A violation of the state’s firearms laws that occurs within 300 feet of a school or on premises where a school function is taking place shall result in an increased punishment.

It is unlawful to display a firearm in a public place in a manner calculated to alarm.

It is unlawful to discharge a firearm in a public place or on or across a public road.

It is unlawful to possess, manufacture, transport, repair or sell handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, license or registration of firearms, ammunition, or firearms supplies.

It is unlawful to possess, manufacture, transport, repair or sell a zip gun (i.e. a device not originally a firearm that is adapted to expel a projectile using an explosion or burning substance.)

A person commits an offense if a child under 17 gains access to a readily dischargeable firearm and the person with criminal negligence failed to secure it or left it in a place to which the person knew or should have known the child would gain ac- cess. It is an affirmative defense if the access was supervised by a person older than 18 and was for hunting, sporting, or other lawful purposes; consisted of lawful defense of people or property; was gained by entering property unlawfully; or occurred during a time when the actor was engaged in an agricultural enterprise.

A municipality, county or other subdivision of the state may not bring suit against a firearms or ammunition manu- facturer, trade association, or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.

SOURCES: Tex. Penal Code § 46.01 et seq. and Tex. Gov’t. Code § 411.171 et seq.

CAUTION: Firearm laws are subject to frequent change and court interpretation. is summary is not intended as legal advice or restatement of law. is summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

  • is may be reproduced. It may not be reproduced for commercial purposes.

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