24/7 Wall St. Insights

• Firearm policy has become one of the most polarizing issues in American politics in recent years.
• The partisan debate over the appropriate balance between gun rights and gun control has resulted in years of stalled gun control initiatives in Washington, D.C., and a patchwork of firearm regulations across the 50 states. 
• Texas is one of many states that has done little to expand upon existing federal gun control laws.
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The United States is one of only a handful of countries where gun ownership is a constitutional right. While federal law restricts access to firearms for certain groups — including felons, illegal drug users, and fugitives — and effectively prohibits civilian ownership of specific types of firearms — such as fully automatic weapons and short-barreled shotguns — the U.S. has some of the least restrictive gun laws in the world.

The growing regularity of mass shootings in recent decades have caused many to call for tighter firearm restrictions. This, in turn, has made gun control one of the most polarizing issues in American politics. According to a 2023 Gallup survey, 84% of likely Democratic voters say that gun laws should be stricter, compared to only 31% of likely Republican voters.

The partisan divide over gun control has resulted in little beyond political gridlock in Washington D.C. In the absence of legislative action on Capitol Hill, many states have exercised their authority to expand upon federal gun control policies. Others, meanwhile, have adopted a decidedly hands-off approach.

According to the analysis of Giffords Law Center, a gun violence prevention group, Texas has some of the weakest gun control laws in the country. Accounting for a wide-range of policies at the disposal of state governments — including assault-style weapon and high-capacity magazine bans, universal background check laws, waiting periods, and restrictions on firearms in public — Gifford’s Law Center assigned Texas a letter grade of “F”, on an A-F scale, for the strength of its gun control policies. (Here is a look at every state’s gun law grade.)

Firearm regulations are generally designed and implemented to reduce the likelihood of gun violence, and in states where gun control takes a backseat to gun rights, firearm fatality rates are often higher than average. According to the data from the Centers for Disease Control and Prevention, there were 4,630 firearm related deaths in Texas in 2022, or about 15.3 for every 100,000 people, the 25th lowest gun-death rate of the 50 states. (Here is a look at the U.S. cities where gun crime is surging.)

Using data compiled by Gifford’s Law Center, 24/7 Wall St. reviewed Texas’ approach to 14 key gun control policy areas. It is important to note that the laws on this list are not exhaustive, and only represent broad guidelines. Legal nuances can vary at the state and local levels.

Why It Matters

With the exception of some modest revisions to background check protocols, the U.S. has not implemented any meaningful gun control reform in decades. Still, state governments also have the authority to enact their own policies, resulting in a patchwork of gun laws across the 50 states. Currently, Texas ranks as having some of the weakest state-level firearm regulations in the country.

Universal background check laws

• State policy: Under federal law, all gun buyers must undergo a background check before obtaining a firearm from a licensed retailer — but transfers made from unlicensed retailers are exempt from background check requirements. While many states have closed this loophole with universal background check laws, Texas has not.

Mental health reporting

• State policy: Texas is required to report individuals involuntarily committed to undergo mental health treatment in an inpatient setting to federal background check databases as well as those who are living with a guardian because they cannot manage their own affairs. However, the state is not required to report those being involuntarily treated in outpatient facilities.

Concealed carry of a firearm

• State policy: No permit required to carry a concealed firearm in certain public places in Texas.

Handgun open carry regulations

• State policy: Lawful gun owners are generally permitted to open-carry a handgun in certain public places in Texas, provided the firearm is secured in a holster.

Long gun open carry regulations

• State policy: In Texas, long guns may be openly carried in certain public places, as long as the firearm is not deliberately used in a manner to deliberately cause alarm.

Stand your ground laws

• State policy: Use of deadly force is permitted in public, if necessary, to prevent death or serious bodily harm — even if it is possible to step away from the incident.

Guns in schools

• State policy: In Texas, firearms can be carried in K-12 schools by school security officers, teachers, and other school employees, provided the individual is a designated school marshal or is otherwise authorized to manage school security.

Mandatory waiting periods for firearm purchases

• State policy: There is no mandatory waiting period for firearm purchases in Texas.

Assault-style weapons

• State policy: Assault-style weapons, like those modeled after AK-47 or M-16 military rifles, are not regulated in Texas.

High-capacity magazines

• State policy: Texas does not restrict high-capacity magazines.

Licensing requirements

• State policy: Gun owners or prospective buyers do not need to obtain a permit in Texas.

State-level prohibitions on who can own firearms

• State policy: In Texas, individuals struggling with alcohol abuse can have their access to firearms restricted.

Minimum age requirements for handguns

• State policy: In Texas, individuals must be at least 18 years old to purchase a handgun. The state does not set a minimum age requirement for possession of a handgun.

Minimum age requirements for long guns

• State policy: In Texas, individuals must be at least 18 years old to purchase a long gun, like a rifle or shotgun. The state does not set a minimum age requirement for possession of a long gun.

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