Who can carry a gun in Texas?
NORTH TEXAS (CBSNewsTexas.com) - In the wake of the shooting at an Allen outlet mall that left eight victims dead, there are still a lot of questions lingering about the gunman and whether he legally owned his weapons. CBS News Texas decided to look into what Texas' laws say about who can own firearms and where it's legal to carry them.
Two years ago, the Texas Legislature amended state law so that Texans no longer need a license to carry a handgun. But there are still a number of requirements and exceptions to the law -- and a long list of places where guns are still prohibited.
To help clear up some of the confusion, CBS News Texas anchor Karen Borta spoke with a law enforcement expert.
Who can own a gun in Texas?
To own a handgun in Texas, you must be 21, you can't have been convicted of a felony or certain misdemeanors and you cannot have a protective order against you.
But when it comes to background checks, Texas only requires they be conducted with sales by licensed dealers. They're not required with private gun sales.
To buy a long gun, the same requirements apply -- except, as with federal law, the minimum age remains 18.
According to Dr. Alex del Carmen, Associate Dean and Professor at Tarleton State University, the idea was that long guns are used for hunting and defending property.
"So they saw it as a constitutional right versus one that would allow somebody else to simply go out there and buy a handgun that would have all these wonderful features that handguns have now," he said.
When we talk about mass shootings, many times the weapon used is an AR-style firearm, as was the case in the Allen shooting. This was also the kind of weapon used in Uvalde last year, when a gunman killed 19 children and two teachers at Robb Elementary School. As with other rifles, the minimum age to purchase one of these weapons is 18.
But recently in Texas there has been a push to change that. House Bill 2744 would raise the legal age to 21 for someone to buy an AR-style firearm. The Texas House Select Committee on Community Safety voted 8-5 to advance the bull to the full House for a vote.
The measure is unlikely to become law, as Republican Gov. Greg Abbott has previously waved off the idea of allowing only people 21 or older to purchase these kinds of guns. But the bill even getting and clearing a committee vote was unusual.
Where can you carry a gun in Texas?
Even before Texas got rid of license requirements for handguns, Texans were already allowed to openly carry a rifle without a license. But despite open carry laws, there are restrictions to where you can carry.
Guns are not allowed on school campuses, airports, federal buildings and any business that declares with proper signage that guns aren't allowed.
Is there a reason to have a license for a handgun in Texas?
Since 2021, Texans have not been required to have a license to carry a handgun. But del Carmen said there are still reasons gun-owners may want to have one anyway.
"The fact that you have a license means that you've gone to a range and you've actually qualified with your gun," he said.
Del Carmen said it also allows gun-owners to get insured at a cheaper rate.
He also advised that if you ever get pulled over with a gun in your car, it's important to immediately let the officer know you have a gun with you to avoid putting your life and the officer's at risk.