Buying a Gun in Texas
The age to buy a gun in Texas, background checks for dealer and private sales, any waiting period, and rules on ghost guns.
Short answer: It is an offense for any person (dealer or private seller) to intentionally or knowingly sell, rent, lease or give, or offer to, any child younger than 18 years of age any firearm. Tex. Penal Code § 46.06(a)(2), (c), (d)
| Age to buy a gun | It is an offense for any person (dealer or private seller) to intentionally or knowingly sell, rent, lease or give, or offer to, any child younger than 18 years of age any firearm. It is an affirmative defense that the minor's parent or legal custodian gave written permission for a sale (or effective consent for a non-sale transfer). The offense is a Class A misdemeanor, or a state jail felony if the weapon is a handgun. State law does not set a separate minimum age of 21 for buying a handgun; carrying a handgun outside one's own premises or vehicle requires being 21 (see permitless_carry). |
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| Background checks and private sales | Texas has no state law that requires a background check, permit to purchase or license for private (non-dealer) sales. State law does make it an offense for any seller to transfer a firearm to a child under 18, to sell a firearm or ammunition to an intoxicated person, to knowingly sell to a person convicted of a felony within five years of release from confinement or supervision, or to transfer a handgun to a person known to be subject to an active protective order. Cities may not adopt or enforce regulations relating to the transfer, licensing or registration of firearms. Reviewed Tex. Penal Code ch. 46 (Weapons, §§ 46.01-46.15) on 2026-10-27; no private-sale check provision found. Local preemption: https://tcss.legis.texas.gov/resources/lg/htm/lg.229.htm . Dealer checks are governed by federal law, which is not described here. |
| Waiting period | Texas has no state law that sets a waiting period for buying any firearm. Cities may not regulate firearm transfers. Reviewed Tex. Penal Code ch. 46 (Weapons, §§ 46.01-46.15) on 2026-10-27; no provision found. Local preemption: https://tcss.legis.texas.gov/resources/lg/htm/lg.229.htm |
| Ghost guns and homemade firearms | Texas has no state law that regulates unserialized or homemade firearms, unfinished frames or receivers, or kits. Reviewed Tex. Penal Code ch. 46 (Weapons, §§ 46.01-46.15) on 2026-10-27; no provision found. |
More Texas gun laws
- Concealed Carry in Texas
- Open Carry in Texas
- Red Flag Law and Weapon Limits in Texas
- All Texas gun laws rules
FAQ
How old do you have to be to buy a gun in Texas?
It is an offense for any person (dealer or private seller) to intentionally or knowingly sell, rent, lease or give, or offer to, any child younger than 18 years of age any firearm. It is an affirmative defense that the minor's parent or legal custodian gave written permission for a sale (or effective consent for a non-sale transfer). The offense is a Class A misdemeanor, or a state jail felony if the weapon is a handgun. State law does not set a separate minimum age of 21 for buying a handgun; carrying a handgun outside one's own premises or vehicle requires being 21 (see permitless_carry).
Do private gun sales need a background check in Texas?
Texas has no state law that requires a background check, permit to purchase or license for private (non-dealer) sales. State law does make it an offense for any seller to transfer a firearm to a child under 18, to sell a firearm or ammunition to an intoxicated person, to knowingly sell to a person convicted of a felony within five years of release from confinement or supervision, or to transfer a handgun to a person known to be subject to an active protective order. Cities may not adopt or enforce regulations relating to the transfer, licensing or registration of firearms.
Is there a waiting period to buy a gun in Texas?
Texas has no state law that sets a waiting period for buying any firearm. Cities may not regulate firearm transfers.
Are ghost guns legal in Texas?
Texas has no state law that regulates unserialized or homemade firearms, unfinished frames or receivers, or kits.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.