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Purchase of Firearms-Texas

Article 1, Section 23 of the Texas Constitution states that, “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”  A Texas permit is not required to purchase rifles, handguns, shotguns or long guns.

As per the laws of Texas, a commissioned inspector or representative of the commission may purchase a firearm issued to the inspector or representative by the commission if the firearm is not listed as a prohibited weapon under Section 46.05, Penal Code.  However, the set by the commission shall not exceed fair market value.  If the commission for replacement purposes retires the firearm, the commission may adopt rules for the sale of a retired firearm to an inspector or representative of the commission[i].

When a person purchases a firearm, the chief law enforcement officer conducts a background check with Department of Public Safety.  If the department’s information system indicates the existence of an active protective order directed to the prospective transferee, the chief law enforcement officer shall immediately advise the dealer that the transfer is prohibited[ii].  An individual may purchase a firearm from a state agency if h/she is honorably retired peace officer.  Such individual may purchase only one firearm from a state agency under this section[iii].

If the firearm had been previously issued by the agency to a peace officer commissioned by the agency who died while commissioned, without regard to whether the officer died, while discharging the officer’s official duties and if the firearm is not a prohibited weapon under Section 46.05, Penal Code, such firearm may be purchased by his or her surviving spouse, children or parents[iv].  It is unlawful to knowingly or recklessly sell any firearm or ammunition to any person who is intoxicated.

The main government office that deals with issues relating to firearms are:

Texas Department of Public Safety

Concealed Handgun Licensing Section

P O Box 4143

Austin, Texas 78791-4143

Phone: (512) 424-7293 or (800) 224-5744

[i] Tex. Alco. Bev. Code § 5.141

[ii]Tex. Fam. Code § 86.002

[iii] Tex. Gov’t Code § 614.051

[iv] Tex. Gov’t Code § 614.052

Inside Purchase of Firearms-Texas