Before you vote: What to know about Texas gun laws, regulations and the 2024 election

Texas is a gun-friendly state. It’s easy to find pistols, shotguns, semi-automatic assault rifles and accessories for sale at Texas’ many gun shows, pawn shops and stores. The Texas Legislature has made sure there are few restrictions on who can own a gun and where they can be carried – whether concealed in a holster or slung over a shoulder.
Texas has also seen deadly mass shootings at churches, malls, schools and in downtown Dallas in 2016 when a gunman killed five police officers. Texas is the top source of U.S. guns trafficked into Mexico to arm the drug cartels, and Texas guns also find their way into the hands of criminals across the U.S., authorities say.
The state is ranked 27th in the U.S. for the rate of gun-related deaths. Guns killed more than 4,600 Texans in 2022 in connection with homicides, suicides and accidents, according to the most recent federal health data.
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Americans are divided over whether it’s more important to protect gun rights or regulate gun ownership, a Pew Research Center survey found this year. A slight majority of 51% favored protecting the right to own guns over enacting gun restrictions. Pew said its research indicates about 4-in-10 U.S. adults live in a household with a gun. And gun ownership rates vary based on certain factors like political affiliation. Republicans and Republican-leaning independents make up 45% of gun owners, according to Pew. By contrast, 20% are Democrats and those leaning Democratic.
Congress makes laws affecting federal gun regulations that apply nationwide, while state legislatures can pass their own restrictions or gun rights protections.
The president helps set the agenda on gun control or gun rights and signs new bills into law. President Joe Biden in 2022 signed the Bipartisan Safer Communities Act, the most significant gun control legislation in years. The president can also issue executive orders. Biden did so last year when he announced a rule intended to increase background checks for gun sales between private parties.
Biden in September 2023 created the White House Office of Gun Violence Prevention in an effort to address the nation’s “gun violence epidemic.” And he has asked Congress to ban the sale of assault weapons and high-capacity magazines and to pass universal background checks. He also has sought repeal of a federal law granting legal immunity to gun manufacturers. Former President Donald Trump, the Republican nominee in the 2024 presidential race, said if reelected he will reverse all of Biden’s gun restrictions.
The U.S. Senate and U.S. House pass legislation regulating the use and sale of firearms, like the Bipartisan Safer Communities Act. The U.S. Supreme Court interprets those laws. The court, whose members are nominated by the president and confirmed by the Senate, has wielded significant influence over federal gun laws in recent years in several high-profile decisions. The high court, for example, this year overturned the federal ban on bump stocks, which give assault rifles a rapid-fire capability. The court also made it more difficult for Congress to pass gun regulations that aren’t consistent with the nation’s historical traditions dating back to the 18th century.
The Texas Legislature decides whether to expand gun regulations or gun rights in the state. Many states have passed their own gun control measures in recent years after Congress did not act on calls for reform. At least 15 states and the District of Columbia, for example, have their own bump stock bans. And 21 states and the District of Columbia have some form of “red flag laws,” which allow judges to temporarily take firearms from people deemed dangerous. Texas has neither law on the books.
Republicans who control the Texas Legislature oppose restrictions on gun ownership and access, according to the state party platform. They have passed recent laws making it easier for Texans to carry firearms in public. One major piece of legislation, passed in 2021, allowed Texans to carry guns – concealed or openly – without a state-issued license.
Texas Democrats support restricting gun access to people of a certain age or criminal background, according to the state party platform. They also favor expanded background checks, red flag laws and restrictions on assault rifles, large capacity magazines and bump stocks.
Federal lawmakers have the ability to enact the most meaningful and sweeping gun laws that affect most Americans.
Sen. John Cornyn, R-Texas, has been willing to work on certain bipartisan gun control proposals, but he is not up for reelection until 2026. Cornyn was key in getting the Bipartisan Safer Communities Act passed in 2022.
Texas’ junior U.S. senator, Republican Ted Cruz, opposes most gun restrictions and faces opposition in the November election from U.S. Rep. Colin Allred, a Democrat from Dallas who has voted for gun control legislation.
Texas Gun Sense, an Austin-based gun control advocacy group, said state Rep. John Bryant, D-Dallas, supported the “Raise the Age” bill last session in Austin that ultimately failed. The bill would have raised the age to purchase assault rifles like the AR-15 from 18 to 21. Bryant is facing Republican challenger Aimee Ramsey in November for House District 114.
Ramsey said she would be “open to considering” a raise the age bill for guns since the age limit for drinking alcohol and smoking also is 21.
State Rep. Rhetta Andrews Bowers, the Democratic incumbent in House District 113 in eastern Dallas County, also supported the age bill, according to Texas Gun Sense. She faces Republican Stephen Stanley in November.
State Rep. Jared Patterson, R-Frisco, pushed a bill last session that would have allowed elections judges to carry guns in polling places. He is facing Democratic challenger Hava Johnston in November in the District 106 race. Johnston supports red flag laws.
Republican State Rep. Richard Hayes, who represents an area of Denton County, sponsored a bill last session that would have legalized the sale and possession of short-barreled firearms in Texas. Federal law prohibits the possession of unregistered short-barreled rifles. Hayes, of District 57, faces Democratic challenger Collin Johnson in November.
The federal Bipartisan Safer Communities Act, passed in 2022, made it easier to prosecute gun trafficking crimes. The law also enhanced background checks for gun buyers under 21 and made it illegal for those with misdemeanor domestic violence convictions to own guns.
State gun laws passed by the Republican-controlled Texas Legislature have generally expanded the right of gun owners to carry their weapons in public places and buildings. Here are some of those laws:
Guns at Schools: In 2023, a law took effect requiring every public school in Texas to have at least one armed staffer on campus. The law was passed in response to the Uvalde school shooting. The preference is to have a law enforcement officer at the school, such as a school resource officer. Some school districts in Texas already have their own police departments.
Permitless Carry: This law that went into effect September 2021 allows gun owners to carry their weapons without a license. The law applies to those who are not otherwise prohibited from carrying a handgun. Dallas Police Chief Eddie Garcia and other police chiefs in Texas opposed the legislation. Prior to this law, Texans had to pass a background check, take a safety course and demonstrate firearms proficiency to obtain a license to carry a handgun in public.
Places of Worship: Under a 2019 law, houses of worship are required to give notice to their congregations if they ban guns. Lawmakers passed the measure in response to the 2017 Sutherland Springs church shooting. Texans have had the right to carry handguns in churches under Texas law since 1997.
Armed school marshals: Texas in 2019 enacted a law that removed limits on the number of school faculty and staff that can be designated as armed school marshals, a response to the 2018 Santa Fe High School shooting. A 2021 law allows the marshals to carry firearms in the classroom instead of keeping them locked away.
Apartment carry: Under a 2019 law, landlords can no longer ban renters from having guns in their units.
Open carry: Beginning in 2016, Texans were allowed to carry holstered handguns in plain view.
Campus carry: This state law, which took effect in 2016, allowed concealed handguns in classrooms and other buildings on public university campuses. Republicans pushed through the legislation, saying it was about personal protection. Private colleges and universities were allowed to opt out of the law, and many did.
In federal elections, universal background checks are a top priority for gun safety supporters. In Texas, background checks are not required for private sales between individuals at gun shows, flea markets or anywhere else. A Dallas Morning News-University of Texas at Tyler poll in 2020 found 87% of Texas voters supported expanded background checks for gun buyers and 71% favored red flag laws.
In Texas, the raise the age bill got the most traction during the last legislative session. The bill was moved forward by a House committee, but the House did not vote on it. Nicole Golden, executive director of Texas Gun Sense, said her group and other advocates will try again. Supporters say such a law would have prevented the man who killed 21 people, including 19 children, at Robb Elementary School in Uvalde from legally buying semi-automatic assault rifles. State Rep. Justin Holland of Rockwall, one of two Republicans who supported the bill, lost his primary race this year.
Chris McNutt, president of Texas Gun Rights, said his group is on the watch for expanded background checks and red flag laws that he believes are a threat to gun rights. He does not believe there is broad bipartisan support for such measures.
Every race in Congress and the Texas Legislature is a potential vote for or against gun control or gun rights. Most Democrats and Republicans are vocal and passionate about issues related to firearms.
The Republican 2024 national platform makes a brief mention of guns, saying the party defends “the right to keep and bear arms.”
The Democratic platform supports universal background checks, safe storage requirements, and a ban on assault weapons and high-capacity magazines.
Passing gun control or gun rights measures at the local government level is difficult, if not impossible. Darryl Martin, the Dallas County Commissioners Court administrator, said this: “We are an arm of the State, so we are unable to pass any laws or ordinances not authorized by the State.”
County commissioners in June 2022 unanimously approved a resolution asking Gov. Greg Abbott to call lawmakers into a special session on gun control. The resolution was in response to the Uvalde school shooting.
Commissioners also tried banning guns in the North Dallas Government Center in 2016. They later backed off after a legal opinion from Attorney General Ken Paxton’s office said it would be illegal.
Dallas County Commissioners did create a gun surrender program in 2015 allowing judges to order convicted domestic abusers to turn over their firearms, but the county collected fewer guns than expected. Dallas’ mayor at the time blamed it on lackluster enforcement from judges.
Commissioners John Wiley Price and Theresa Daniel, both Democrats, are running for reelection in November. Price does not have an opponent. Daniel, of District 1, faces Republican challenger Jason Metcalf, a business executive. District 1 encompasses parts of Balch Springs, Dallas, Garland and Mesquite.
Check out our Voter Guide, available Sept. 30, to learn more about the candidates running.
Interest groups that promote gun control are Brady: United Against Gun Violence and the Giffords Law Center to Prevent Gun Violence. On the local level, there is Texas Gun Sense.
Organizations that advocate for gun rights include the NRA (National Rifle Association) and NSSF (National Shooting Sports Foundation). Texas Gun Rights does so statewide.
We provided a summary of Texas gun laws here.