Eligibility to Purchase a Firearm in the State of Texas
The right to bear arms is a fundamental aspect of American culture, and Texas, as a state with a deep-rooted history in firearms, is no exception. However, the purchase of a firearm is not an unrestricted privilege. To ensure public safety, Texas, like many other states, has established a set of criteria that individuals must meet to be eligible to purchase a firearm.
Eligibility Criteria:
Age Requirement: To purchase a firearm in Texas, an individual must be at least 18 years old to buy a long gun (i.e., rifle or shotgun) and at least 21 years old to purchase a handgun. This age requirement aligns with federal regulations under the Gun Control Act of 1968.
Residency: Buyers must be legal residents of Texas and provide a valid Texas-issued photo identification to establish residency.
Background Check: All prospective firearm purchasers in Texas are subject to a background check through the National Instant Criminal Background Check System (NICS). This system is designed to identify individuals with disqualifying criminal records, including felony convictions, domestic violence convictions, and certain restraining orders. Those who fail the background check are ineligible to purchase firearms.
Mental Health: Texas law prohibits individuals who have been adjudicated as mentally incompetent or committed involuntarily to a mental institution from purchasing firearms.
Criminal History: Individuals with certain criminal convictions, including felonies, may be permanently disqualified from purchasing firearms in Texas. Misdemeanor convictions related to domestic violence can also result in firearm ineligibility.
Waiting Period: Texas does not have a mandatory waiting period for firearm purchases. Once the background check is completed and approved, a buyer can obtain their firearm immediately. Background checks can take up to 3 business days to complete. If the transferee/buyer is under the age of 21, background checks can take up to 10 days to complete.
Firearm Safety Training: While not required by state law, it is strongly recommended that individuals seeking to purchase firearms in Texas undergo firearm safety training. Many gun stores and organizations offer such training courses to ensure safe and responsible firearm ownership.
Citizenship and Immigration Status: U.S. citizenship or legal immigration status is required for firearm purchases in Texas. Non-U.S. citizens with specific visas may be eligible to purchase firearms, but they must meet additional criteria and provide appropriate documentation
- If an alien, must provide US issued alien or admission number (AR#, USCIS# or I94#)
Additional information can be obtained from www.cbp.gov
- Aliens admitted into the United States under a non-immigrant visa (visiting the United States for temporary business/pleasure, studying in the United States but maintaining a residence abroad, or certain temporary foreign workers) must provide additional documentation to establish they are excepted from the non-immigrant alien prohibition
Hunting license or permit lawfully issued by the Federal Government, a State/local government or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired
Was admitted to the United States for lawful hunting or sporting purposes
Has received a waiver from the prohibition from the Attorney General of the United States
Is an official representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States
Is an official representative of a foreign government who is enroute to or from another country to which that alien is accredited
Is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State
Is a foreign law enforcement office of a friendly foreign government entering the United States on official law enforcement business
- Permanent resident aliens and aliens admitted to the United States under either the Visa Waiver Program or to regulations otherwise exempting them from the visa requirements are not required to submit any additional documentation beyond their US-issued alien or admission number (AR#, USCIS#, or I94#)
- Aliens illegally or unlawfully in the United States are prohibited from purchasing a firearm
The right to purchase a firearm in Texas, as in many other states, comes with specific eligibility criteria aimed at balancing individual rights with public safety. These criteria include age restrictions, background checks, mental health evaluations, and more. Prospective gun owners should familiarize themselves with these regulations and ensure they meet the necessary requirements before purchasing a firearm. Responsible gun ownership and adherence to state and federal laws are crucial to maintaining a safe and secure society.