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Texas gun laws

May 1, 2023

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This article is written by Sushree Surekha Choudhury from KIIT School of Law, Bhubaneswar. The article describes the laws prevailing in Texas in relation to the use and possession of arms and weapons. It talks about the prevailing issues and gaps and outlines a way forward for addressing those gaps.

It has been published by Rachit Garg.

Introduction

Are you one of those who has always wanted to live abroad? Were you inspired by popular TV shows like The Big Bang Theory, F.R.I.E.N.D.S., etc., and imagined a glamorous, lively life in the US? The answer is probably yes. Or, as one might say, are you on the other side of the coin? Are you someone who was born and brought up in the cities of the United States? At some point in your life, you must have come across a story related to guns or have seen one yourself. Given the current state of affairs, it is even possible that you are afraid of the prevailing gun violence in the States. US gun violence scenes have made headlines in national and international news time and again. The increasing cases of violence and deaths due to gun violence are on the rise, and so is the concern associated with it. The US government and citizens have been divided in their opinions relating to the sufficiency or insufficiency of regulations and restrictions governing the possession and use of weapons by civilians.

Gun violence is a serious crime that has concerned the US government and judiciary for the longest time. Federal laws provide people with the right to bear arms under the US Constitution, along with prescribing certain minimum restrictions. Apart from this, each state has framed its own set of regulations to govern the use and possession of weapons by people in their respective states. In this article, we will learn about the laws and regulations governing the use, possession, transfer, sale, etc. of different categories of weapons in Texas. We will learn about the prevailing laws and analyze the gaps that should be addressed.

Gun laws in the US : an overview

The US Constitution is the supreme law of the land in the country and is responsible for framing regulations and the governance of the country as a whole. Ratified and incorporated in 1791 was the US Bill of Rights, which added ten crucial amendments to the US Constitution in the form of rights, freedom, and liberties for people and restrictions on the exercise of power by the government and its officials. One such amendment, the Second Amendment right, is the “Right to bear arms.” Under the Second Amendment rights of the US Bill of Rights, a citizen in any part of the US has the right to keep and bear arms and weapons without any restriction or interference from the government. These rights are further regulated by the respective state legislatures to govern the bearing of arms in different states. However, as a right provided under the Second Amendment of the Bill of Rights, a US citizen has the right to keep weapons like handguns, shotguns, etc., and use them in their defense.

The history behind guaranteeing this right to the US citizen dates back to times of war when civilians were, at times, needed to take part in the wars of the state. Thus, the language of the legislation was also formulated as the right to bear arms in the form of “a well-regulated Militia, necessary to the security of a free State.” However, with the changing times, the validity of this right is debatable. Various US courts, through judicial interpretations, have also clarified that the right is now restricted as a measure of self-defense. The Second Amendment right of US citizens is a restriction on the US federal government’s ability to interfere with the right of citizens to bear arms. This was reiterated in the case of United States v. Cruikshank (1875). Therefore, the Second Amendment right does not restrict the state governments from regulating their laws relating to the use of arms in their respective states.

Precedents have helped in better understanding the prevailing gun laws in the US. In the landmark judgment of United States v. Miller (1939), the US Supreme Court allowed the regulations on the use of shotguns under the National Firearms Act, 1934, since shotguns were not considered “military weapons” in terms of the language of the Second Amendment right. Thus, it was further clarified that the state allowed the use of arms without restrictions or interference in the militia when such necessity was found.

However, civilians are no longer required to use arms for the purpose of participating in the military. Thus, the US Supreme Court updated the interpretation of the regulation in the case of District of Columbia v. Heller (2008), where the court stated that civilians have the right to bear arms even for self-defense as their Second Amendment right.

Gun laws : issues and controversies

Unlike other countries in the world, the US has taken a different approach towards gun laws by making them a constitutional right of citizens free from the government’s interference. While it seems merely like a choice of regulation, it comes with serious repercussions. When a country full of civilians is given a constitutional right to bear and use guns in their defense without any restriction by the government, irregularities are bound to happen. It becomes especially challenging to balance people’s right to bear arms with others’ right to live without fear, which is a constant threat. While the law guarantees a right to civilians to bear arms for self-defense, the same can be construed in different ways. Chances of misinterpretation and molding circumstances to justify the use of guns can be a threat to humankind. This has been seen in the United States time and again.

Gun violence and mass killings have been increasing in the country, and with restricted interference from the government, gun crimes have become dangerously common in the country. Such instances became global news headlines in recent years. Mass killings of school children were reported in 2012. 2016 witnessed yet another mass killing at a nightclub in Orlando. The 2022 gun violence news was the worst, where reportedly two mass shootings took cover in global media news and became a burning topic. Mass shootings in a grocery store in Atlanta and six other locations in which many people lost their lives, including women, children, and a police officer. Over 300 mass shootings and 19,000 deaths were reported in 2022 alone.

Texas gun regulations

Texas has been infamous for its relaxed gun regulations. This has caused many criminal activities and caused innocent people to lose their lives due to gun violence. The El Paso shooting in 2019 created a turbulence of debates on the prevailing gun laws in Texas. Another mass shooting followed in the same year, where 19 children and two adults were killed in an elementary school in Uvalde. The Centers for Disease Control and Prevention stated that the annual deaths in Texas from gun violence have increased from 2117 in 1999 to 3522 in 2018. The citizens’ opinions and demands about the gun laws in Texas seem divided. A poll study by the University of Texas and Texas Tribune suggested that 50% of Texas citizens want strict gun laws in the state, while others are of the opposite opinion. Even so, a close interpretation of the prevailing gun laws in Texas suggests that the state legislature has only been easing out the restrictions for citizens.

Texas Penal Code

The Texas legislature has expanded the ambit for people to carry arms in public and even on school campuses. The state legislature has also reduced the fees for acquiring a gun license in the state and the state also allows its citizens to openly carry assault rifles in public places. Texas laws are also lenient on the kinds of weapons that can be carried in the state by civilians. The general rule under the Texas Criminal Code is inspired by federal laws. Title 10, Chapter 46 of the Texas Criminal Code talks about the regulations governing “weapons” in the state with the intent to protect “public health, safety and morals.”

Section 46.01 and Section 46.02

This law states that weapons or rifles with a barrel length of 16 inches or less, shotguns with a barrel length of 18 inches or less, and any other altered form of shotgun or rifle with a barrel length of 26 inches or less are restricted to be used in the state. However, the state legislation makes an exception to this rule. Weapons, machine guns, or silencers that are registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives along with the payment of $200 taxes are given exceptions from the general provision or restriction. This exception makes the restriction less imposing and expands the ambit of owning weapons in the state.

The Texas Criminal Code, Title 10, Chapter 46 also talks about the circumstances under which carrying arms is considered unlawful in the state. It states that a person must be at least 18 years old to be legally competent to buy a rifle and at least 21 years old to buy a handgun. Such a purchase must be done from a licensed dealer. When a person carries a handgun recklessly, intentionally and with the knowledge of such an act, it will be construed unlawful. Further, if a person has, within a period of preceding five years, committed “assault” under Section 22.01 of the Code, “deadly conduct causing serious bodily injury” under Section 22.05, “terroristic threat to any person or property” under Section 22.07, “disorderly conduct” under Section 42.01, clause (a), (7), or (8) causes an instant offense, will be considered as unlawful carrying of weapons. Under federal laws, a person who has attained the age of 18 years or above is legally competent and not otherwise, except for situations when the weapon is used in defense against a trespasser or intruder, and/or in hunting.

Section 46.03

This section talks about the particular places where Texas laws have prohibited the carrying and use of weapons. This law is applicable to weapons, firearms, and all other restricted weapons as per the provisions of this Chapter of the Code when such reckless carrying is coupled with the intention and knowledge of the person doing so. Mentioned below is a list of places where the prohibition applies:

Campuses of schools, universities, or other educational institutions.
Premises of any land or building where an event of any school, university, or other educational institution is being held.
Any means of transportation vehicle of any school, university, or educational institution.
Premises where election votings are conducted and on the day of such voting.
Unless otherwise permitted and authorized in writing, on the premises of any government building or court of law, or court offices.
Premises of a racetrack.
Secured airport areas.
Within 1000 ft premises of any area or location which has been designated by the Texas Department of Criminal Justice for execution under Article 43.19 of the Code of Criminal Procedure; on the day of such execution. This provision applies when it is notified through a written notice.

For the purpose of this section, schools, universities, and all other educational institutions are covered within the territorial jurisdiction of Texas laws, whether such an educational institution is public or private. An exception prevails to the general restriction on carrying weapons onto the premises of educational institutions. A person can carry weapons onto the campus if he has obtained written authorization to do so or if a written regulation to that effect persists. Another exception is for enlisted weapons and persons carrying concealed handguns with licensed permission under Subchapter H, Chapter 411 of the Government Code.

Further, a person must not carry a restricted knife in the following areas:

On the premises of a business that is indulgent in the sale or services of alcohol as per the provisions of Section 104.06 of the Alcoholic Beverage Code and determined by the Texas Alcoholic Beverage Commission.
On the premises of any event taking place in schools or any professional sporting event, unless a location-restricted knife is used in that event or competition.
In any correctional facility.
On the premises of any hospital or nursing facility registered under the Health and Safety Code, unless written permission and authorization are obtained.
Unless authorized in writing, on the premises of any mental hospital as per the provisions of Section 571.003 of the Health and Safety Code.
On the premises of any amusement park.
On the premises of any religious worship.

However, an officer of the armed forces or national guard is provided with the exception to carry firearms in places like hospitals, nursing homes, mental hospitals, etc., when there is a need to do so by wearing a distinctive uniform and holding the firearm in plain view.

Section 46.035 further discusses the carrying of firearms by a licensed holder. A licensed holder must carry firearms, and other weapons in the manner prescribed by law, failing which such an act of carrying firearms will be unlawful. A licensed holder must not intentionally cause the display of his or her firearm in plain view to another person in a public area or on the premises of schools, universities, and other educational institutions. The licensed holder carrying firearms must abide by all regulatory requirements in doing so.

Section 46.04

This section reflects on people and circumstances where possession of firearms is considered unlawful under Texas laws. The possession of firearms by the following categories of people is considered unlawful under the provisions of this section:

In case a person who was convicted of a felony, commits another offense using firearms within a period of five years from the date of his release under supervision, parole, or otherwise. When the offense is committed beyond the premises of the ordinary residence of the convicted offender, the act is considered unlawful even when the time period of five years has lapsed.
When a person who was convicted of a Class A misdemeanor under Section 22.01 of the Code, commits another offense within five years from his release from confinement.
Except a peace officer, when a full-time employee of a state agency or political division is sent an order under Section 6.504 or Chapter 85 of Family Code, under Article 17.292 or Subchapter A Chapter 7B of the Code of Criminal Procedure, or under Chapter 88 of the Family Code, commits an offense using firearms after receiving such order.

Section 46.041 makes a provision that restricts metal armor or body armor by felons. This section states that the possession of armor by a felon is an unlawful possession and shall be treated as a third degree felony.

Section 46.05

Section 46.05 makes a list of the prohibited weapons as per Texas law. The reckless use, possession, manufacturing, transportation, repair, buying, and selling of these prohibited weapons are considered unlawful as per the provisions of this section. The following weapons are categorized as prohibited under Section 46.05 of the Code:

explosive weapons,
machine guns,
short-barrel firearms,
armor-piercing ammunitions,
chemical dispensing devices,
zip guns,
tire deflation devices,
firearm silencers (unless otherwise permitted),
improvised explosive devices.

As a general provision, the aforementioned categories of weapons are prohibited in public areas and other restricted areas, as mentioned under Section 46.03 of the Code. An exception lies to this provision for weapons registered under the National Firearms Registration and under the Transfer Records of the Bureau of Alcohol, Tobacco, Firearms and Explosives, in which case, carrying of these weapons can be permitted. Another exception is provided for any weapon that is categorized as a curio or relic by the US Department of Justice. An exception also prevails for the officers of the armed forces, the national guard, a government law enforcement agency, or a correctional facility who are permitted to carry these weapons.

Section 46.06

This section deals with the provision relating to the unlawful transfer of weapons. Transfer of unlawful weapons can be in the form of selling, leasing, renting, or any other form in which one person hands over the possession or ownership of a weapon to another. This section talks about the circumstances under which such an act of transfer will be considered unlawful. A transfer of the possession or ownership of a weapon is unlawful when:

The person transferring such possession or ownership by way of sale, rent, lease, loans, or otherwise does so to another person, knowing that the person will use such a weapon in the pursuance of an unlawful act, or when the transfer is unlawful in nature.
The person transferring such possession or ownership by way of sale, rent, lease, loans, or otherwise is of the knowledge that the transferee is a child below 18 years of age to whom a location-restricted knife, firearm, or club is transferred.
The person transferring such possession or ownership by way of sale, rent, lease, loans, or otherwise, does so, to an intoxicated person knowing of his state of intoxication, intentionally, or recklessly.
The person transferring such possession or ownership by way of sale, rent, lease, loans, or otherwise knowingly makes such a transfer to a person who was convicted of a felony, before the completion of five years from the date of his release.
The person transferring such possession or ownership by way of sale, rent, lease, loans, or otherwise knowingly makes the transfer to a person to whom an active protection order has been directed.
When the person having knowledge of an active protection order directed at a person, purchases, rents, leases or receives a handgun from him.

The prosecution can take a defense if the transfer by way of sale, rent, lease, loan, or otherwise to a minor was done with the active consent of a parent or legal guardian in writing.

Section 46.07

This section talks about the interstate purchase of weapons and the laws prevailing in Texas in regulating the same. This section makes a provision for the citizens of Texas to buy “firearms, ammunition, reloading components, or firearms accessories” from another state. The provisions of this section make it easier for any citizen to procure handguns, firearms, etc., from any state in the US, unless specifically restricted under any law in practice. The authorization of purchase under this section is in accordance with the provisions of 18 U.S.C. Section 922(B)(3)(A) which makes an exception for the interstate transfer of firearms, handguns, etc., from being an unlawful act under the US laws.

Section 46.08

This section makes the manufacture, sale, purchase, transfer, or possession of hoax bombs illegal in certain circumstances. Under the provisions of this section, a person commits an offense of Class A misdemeanor if and when he knowingly manufactures, sells, purchases, transfers, or possesses hoax bombs with the intention to make another person believe that the hoax bomb is an explosive or an incendiary device. An offense under the provisions of this section is also committed when a person uses a hoax bomb to create an alarm and reaction of any public safety or emergency officer.

Section 46.09

Section 46.09 of the Texas Penal Code talks about the situation where carrying or possessing the components of explosives is considered unlawful. This section states that when a person knowingly possesses the components of an explosive weapon with the intent to assemble them to create an explosive weapon and with a criminal motive, i.e., in furtherance of a criminal act, such an act of possessing components or parts of an explosive weapon is considered unlawful. This act is categorized as a felony of the third degree under the provisions of this section.

Section 46.10

This section talks about the circumstances when an individual carries deadly weapons inside a penal institution. When a person is confined to any penal institution by the authority of law, he or she is restricted from carrying any kind of weapon inside the premises of the place. This section states that it is an offense under Texas law if a person confined inside a penal institution intentionally carries or conceals a deadly weapon, knowing that such a weapon is deadly, and that carrying, possessing, or concealing it is an offense under the provisions of this section. An offense committed under the provisions of this section is considered a felony of the third degree.

Section 46.11

This section talks about a “weapon-free school zone” and prescribes a penalty for carrying weapons in this zone. The section states that the penalty is increased to the penalty applicable for the next degree of offense under this section if a person carries weapons or commits a crime using weapons intentionally. This section applies when the offense is committed by a person who has knowledge that the location falls within a 300 feet radius of the premises of a school. It also applies when the offense is committed in a location where any event conducted by a school or sanctioned by a university is taking place.

An exception to this general provision is provided to the exceptions as per Section 46.03(a)(1) of the Code, where a weapon is permitted in these premises subject to written authorization or under government license and authorization.

Section 46.12

This section is an extension to the previous Section 46.11, which talks about “weapon-free zones.” This section states that maps can be produced as evidence to locate an area. A map produced or reproduced by a municipal officer or a county officer is admissible as prima facie evidence in the case of an offense committed in a weapon-free zone, and thereby, an increased punishment is prescribed under the provisions of Section 46.11 of the Code. Such copies or revised copies of the maps shall be submitted by the county officer or municipal officer to the court of law, if and when required to do so.

Section 46.13

This section states that it is an unlawful act if a person gives access to a firearm to a child. For the purpose of this section, access to firearms is prohibited to a child below the age of 17 years. The person who fails to prevent the access of a child to the loaded firearm by keeping it in a place accessible to the child or who fails to secure the child from accessing the loaded ammunition commits an offense under this section of the Code.

A possible defense for the prosecution is if the child was under the supervision of an adult of 18 years of age or older at the time when the child had access to the firearm. The prosecution cannot be punished for an offense under this section if the child entered the property in violation of this Code. The court also looks into the fact that a child does not take an unlawful defense under this section against the prosecution. Additionally, the prosecution cannot be held guilty if, at the time of the incident, the person was involved in agricultural activities.

As a general provision, an offense committed under this section will be treated as a Class C misdemeanor. However, if the child that gained access to a loaded firearm, thereby causes death or serious bodily injury to himself or to another, then such an offense will be treated as a Class A misdemeanor.

In case an arrest is consequential under the provisions of this section and a peace officer is given the duty to do so, the peace officer will make the arrest only after the completion of 17 days from the date of commission of the offense, if:

The child in question is a member of the family of the person who is charged with the offense, or
if the act of discharge has caused serious bodily injury or death of the child.

This section also makes a mandatory provision for the dealer of the firearm to put up a notice stating that the person buying a firearm must not store, transport, or otherwise, a firearm from a place that can be accessed by a child.

Section 46.14

This section deals with the offense of smuggling firearms. This section makes it an offense for anyone who is involved in the transportation of firearms that the person knows have been procured illegally. An illegal procurement or transportation is when the firearm is purchased or is sold/transported in violation of the laws in the US. Any person who is involved in this act on more than one occasion or in exchange for remuneration is held liable for committing the offense of firearm smuggling. Such a person will be charged with the commission of a third degree or second degree felony, depending upon the circumstances governing the case.

Section 46.15

The final provisions relating to the use of weapons in Texas are provided under this section of the Code. Section 46.15 of the Code talks about the exceptions or non-applicability of the laws under Sections 46.02 and 46.03 in certain circumstances. The non-applicable provisions as per Section 46.15 are:

Peace officers and special investigators can carry weapons within the state and even in public places while discharging their official duty. Such an officer is also exempted from the restrictions when he or she possesses weapons as per the Texas Department of Criminal Justice in the discharge of official duties.
A corrections department officer or a community supervision officer discharging official duties or having permission to possess weapons under the Government Code is exempted from the restrictions under Sections 46.02 and 46.03 of the Code.
A judicial officer who is carrying a handgun as per the Government Code is exempted from the restrictions of carrying handguns in public areas.
An honorably retired peace officer or a law enforcement officer under the provisions of 18 U.S.C. Section 926C holding a certificate of proficiency as per the Occupations Code, and carrying an identification proof to that effect from any national, local, or state agency is exempted from the restrictions of the aforementioned sections of the Code.
The exemption also applies to attorneys, like general attorneys, United States attorneys, district attorneys, county attorneys, municipal attorneys, etc., as per the provisions of the Government Code. This also includes the assistant attorneys, including general assistant attorneys, assistant United States attorneys, assistant district attorneys, assistant county attorneys, assistant municipal attorneys, etc., holding licenses regarding the possession of handguns.
A bailiff who is designated to escort a judicial officer or holds a license to possess handguns under the Government Code comes within the ambit of exceptions to the general provisions.
A juvenile probation officer licensed to possess firearms under the Human Resources Code is another exception.
An emergency services volunteer who holds permission to carry weapons is exempted under the provisions of this section.

Additionally, the prohibitions of Section 46.02 of the Code is not applicable to:

An officer of the armed forces who is in the process of discharging his official duties.
A person who is traveling, during the entire duration of travel.
A person engaged in hunting, water sporting, fishing, etc., in the premises of the activity being held and covers the areas within the place of such an event and the place of residence of the person.
A security officer commissioned under the Texas Private Security Board to perform official duties.
A personal protection officer authorized for such a role.
A person holding a license to carry handguns as per the provisions of the Government Code.
A person holding an alcohol permit license or an employee thereof, while engaging in the supervision of operations in the permitted premises.
A law enforcement student engaging in an activity that requires the use of any weapon, in the premises of the activity as well as within the areas covering the place of activity and the place of residence of such student.
The provisions of Section 46.02 do not apply to a public safety officer under the adjutant general as per the provisions of the Government Code, during the course of employment, or during the time he travels to his place of duty.
The restriction of carrying a location-restricted knife under Section 46.02 does not apply to a person involved in a show or exhibition that involves the show of such a location-restricted knife.
An officer of armed forces, the national military, or a penal institution while discharging official duties.
The restriction on carrying a club under Section 46.03 is not applicable to animal control officers while discharging official duties and while traveling to their place of duty. Additionally, this restriction also does not apply to people carrying a club who are doing so after obtaining a license in that regard as per the Occupations Code.
The restrictions under Section 46.02 do not apply to a person who is carrying a handgun for the purposes of enacting a historic performance.
None of the restrictions apply to a person carrying a handgun who is trying to escape an area that has been declared as a state of disaster, locally or federally. Such relief of restrictions is usually granted for 168 hours from the time of declaration and may be extended as may deem necessary. Such a declaration is made by the governor of a particular state.
The restrictions under Section 46.02 is also relaxed for a person who is not specifically barred by federal laws or the laws of a particular state in regard to carrying firearms.
The restrictions do not apply to an officer carrying handguns in an emergency shelter while a state of disaster has been declared. This is also applicable to the owner, operator, or controller of such premises. However, such a person or officer must not be barred by any state or federal law from carrying weapons.

A way forward : addressing the gaps

Federal law in the US establishes laws and regulations at a federal level with the intent to control the misuse or reckless use of weapons in the states. Under federal laws, citizens are restricted from possessing firearms and weapons in different circumstances and in certain places where the use of arms is prohibited. Different states in the US also follow these principles and prohibit people from using firearms in public places, schools, universities, etc. However, even while following the basic federal standards, the specific laws in the states vary. These gun-related laws are strict in some parts of the US and not so strict in other parts. Texas is one such state in the US that has been infamous for its lenient laws relating to the use and possession of firearms and other weapons. Deviations from federal laws and existing gaps are among the reasons for increasing gun violence in the states.

For instance, federal laws restrict felons from owning, possessing, or using firearms. Under Texas laws, this restriction is applicable for five years from the date of release from a penal institution, after which they can again use and own firearms as per Texas laws. Carrying rifles and shotguns in Texas meets with the fewest restrictions, as no registration or license is required to do so. While most other states make it mandatory to register and obtain licenses to possess and use rifles and shotguns too, Texas laws have taken a different approach. The only restriction that prevails is that people carrying a rifle or shotgun must not do so in plain view of another person, in a way that will create an alarm. Even the waiting period for getting a firearm in Texas is minimal.

With the continuing lenient provisions, Texas laws in September 2021 made it legal for people of 21 years of age or older to carry handguns in public (openly or in a concealed manner) without the need to obtain a permit for doing so. Texas is also one of the few states in the US that has not banned the possession of assault weapons. Texas’s gun laws have adopted a “Castle Doctrine,” under which people are permitted to use deadly weapons inside their homes in self-defense. The state certainly puts certain restrictions on people by prohibiting the use or carrying of weapons in schools, government offices, airports, etc.; however, people can do so with a permit. Texas laws make a list of weapons that are prohibited from being kept or used in the state. However, as gun-related violence continues to soar, it is time for legislators to frame certain restrictions on the use and possession of weapons in the state with the intent to curb crimes.

Conclusion

Gun laws in Texas can be highly debatable. Even the citizens’ and lawmakers’ opinions are equally divided when the topic of the flexibility of gun laws in Texas comes into question. While some people are of the opinion that the prevailing laws are appropriate and there is no harm in having lenient laws regulating guns, others believe the opposite. The opposite belief is rooted in the soaring levels of violence using weapons in Texas as well as in other states in the US. The US Constitution has been fairly lenient in regulating gun violence in the states at the federal level. Furthermore, Texas has been infamous for articulating the most lenient regulations and gun laws which allow people the greatest control and ease in possessing and using weapons. Everything seems fine until the number of victims of gun violence starts increasing and in the worst news, school children, teachers, innocents, and the elderly in public places are becoming everyday victims of gun violence. This clearly shows a need to amend the laws in a way that continues to provide freedom to citizens to own arms in their defense, as well as prevent the misuse and violence arising from the same. Special provisions need to be added to prevent violence in public places in addition to the existing laws which are not proving to be enough. While gun laws and autonomy date back to American war history, the times have changed and so have the needs of society. Therefore, in order to adapt to the prevailing social needs and prevent violence and harm to innocent people, examining the laws is a good idea.

Frequently Asked Questions (FAQs)

What weapons are not permitted to be carried openly in Texas?

Texas Penal Code makes a list of “prohibited weapons” under Section 46.05 wherein the citizens are prohibited from obtaining, possessing, and using these weapons in public places and are subjected to other restrictions.

Are schools required to put up signs saying “weapon-free school zone” on their premises?

No, schools do not need to put up signs saying “weapon-free school zone” as all schools, universities, and other educational institutions are considered to be these zones by default, under the provisions of Section 46.11 of the Texas Penal Code. Except as otherwise permitted, no person is allowed to carry weapons in these zones.

Is there a limit on the number of weapons that one can carry in Texas?

No, neither the Texas Penal Code nor any other regulation specifies a limit on the number of handguns or arms that a person is legally restricted to possess. As long as a person obtains each weapon as per the prevailing laws of the state, he or she is not bound by a number.

Can a person carry weapons while wearing a mask?

Yes, a person can carry arms openly or in a concealed manner even while wearing a mask. Even though the thought of it appears to be suspicious, there is no specific law prohibiting people from doing so.

Can a person carry a gun in their car?

There are no different regulations when it comes to carrying a gun in a car. If someone is lawfully permitted to carry arms in Texas, they can do so in their cars as well. The law does not regulate this in a way different from the generic approach.

References

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