The Texas Gun Owner's Guide
Approved by Texas DPS for CHL Training
Covers the information you need to know as a gun owner,
in plain English.
TABLE OF CONTENTS
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CHAPTER 1 • THE RIGHT TO BEAR ARMS
Texas State Constitution, Article 1, Section 23 16
Welcome to the State Gun Laws 17
Reasons for Texas’ Gun Laws 17
The Dreaded “§” Section Symbol 18
A Word About Federal Law 18
What Is A Firearm? 19
Who Can Bear Arms in Texas? 20
The Federal Prohibited Possessors List 21
Juveniles 22
Federal Regulation of Juveniles 22
Child Safety Law 23
How Do You Obtain Firearms? 24
In-State Purchase 25
Out-of-State Purchase 26
Gun Shows 27
Carrying Firearms 28
Limits of the Handgun Carrying Restrictions 29
Additional Restrictions and Exemptions 30
Security Guards 32
Traveling 32
Court Precedents on Traveling 34
Guns in Cars 38
Transport and Shipping 38
Interstate Travel 39
Reciprocity Laws in General 41
Reciprocity Lists 44
Common or Contract Carriers 44
Local Ordinances and Preemption 45
Prohibited Places 46
Product Liability Limit 46
Loss of Rights 47
Forfeiture of Rights 47
Forfeiture of Weapons 47
Restoration of Rights 48
Firearms Safety Training 49
CHAPTER 2 • THE RIGHT-TO-CARRY LAW
The Concealed-Handgun License (CHL) 56
General Conditions 56
Qualifications for a Concealed-Handgun License 58
Preliminary CHL Application 60
Actual CHL Application 61
Application Background Checks 62
Residency 63
Application Denials 64
Modifying or Replacing a License 65
Duration and Renewal 65
Suspended License 66
Revoked License 67
License Seizure 67
Peace Officer May Disarm License Holder 68
Immunity for State Government and Instructors 68
Records and Privacy 68
Texas Reciprocity Law and Non-Resident License 69
Mandatory Concealed-Handgun Training 70
Minimum Course Requirements 70
Handgun Categories 71
Marksmanship Requirements 71
Instructor Qualifications 72
Miscellaneous 75
Prohibited Places List 76
Private Property and Trespass 79
No-Guns-Allowed Signs 79
Criminal Trespass 81
Bars 81
Federal Facilities 82
Texas Gun-Free School Zones Laws 82
CHAPTER 3 • TYPES OF WEAPONS
Prohibited Weapons 88
Defaced Deadly Weapons 88
State Prohibited Weapons 89
Prohibited Weapon Exceptions 89
Illegal Guns 90
Affected Weapons 90
Other Illegal Deadly Weapons 91
Machine Guns 93
Curios, Relics and Antiques 94
CHAPTER 4 • WHERE CAN YOU SHOOT?
General Restrictions 100
Illegal Trajectory 100
Discharge in City Limits 100
From Vehicles or Boats 100
Posted Areas 101
Common or Public Nuisance 101
The Land of Texas 101
Texas General Land Office 101
Cities, Towns and Villages 102
Special Cases 103
County Land 103
Indian Country 104
National Forests 104
National Park Service Land 105
Private Land 106
River Authorities 107
Shooting Ranges 108
State and Federal Military Land 109
Certain State Lands 109
Transporting Firearms for Shooting 111
CHAPTER 5 • DEADLY FORCE and SELF-DEFENSE
Use of Deadly Physical Force 118
Public Duty 120
Necessity 120
Self-Defense 121
Defense of a Third Person 122
Crime Prevention 122
Law Enforcement 123
Protection of Life or Health 123
Protecting Property 124
Related Laws 126
Aggravated Assault 126
Disorderly Conduct 126
Deadly Conduct 126
Reporting Gunshot Wounds 126
Responsibility 127
Booby Traps 127
Warning Shots 127
Bullet Proof Vests 128
Keeping Control of Your Firearm 128
Disarming a Peace Officer 128
Criminal Mischief 128
Appointing and Arming Deputies 129
CHAPTER 6 • HUNTING REGULATIONS
Hunting on Leased Land 136
Hunting on U.S. Army Corps of Engineers Land 137
Public Lands Regulated by Texas Parks and Wildlife Dept. 137
Some Key Hunting Regulations 138
CHAPTER 7 • NOTES ON FEDERAL LAWS
Federal Firearms Transportation Guarantee 146
The Brady Law, Parts 1 and 2 147
Public Safety and Recreation Firearms Use Protection Act 151
Rifle Practice and Firearms Safety Act 152
Antiterrorism Act 153
Gun-Free School Zones Act 155
Misdemeanor Gun Ban for Domestic Violence 156
Omnibus Federal Gun Laws for 1999 158
CHAPTER 8 • GUN SAFETY and SELF-DEFENSE TRAINING
The Gun Owner’s Commandments of Safety 164
Teach Your Children Well 167
School Firearms Safety Program 167
Keeping Children Safe 167
The Eddie Eagle Program 170
How Well Do You Know Your Gun? 171
CHL Training: Study Guide and Self-Test Questions 172
Judgmental Shooting 180
Situational Analysis 181
Appendix A—Glossary of Terms 191
Appendix B—Crime and Punishment Chart 196
Appendix C—The Proper Authorities 199
Appendix D—The Texas Gun Laws 203
State Codes in Alphabetical Order 207
Code of Criminal Procedure 269
About the Authors 280
ILLUSTRATIONS
What Does It All Mean? (Penalties) 50
What Do You Need to Get a Firearm? 52
When Can You Conceal a Firearm? 84
What’s Wrong with This Picture? (Weapons) 96
What’s Wrong with This Picture? (Shooting) 112
There’s Nothing Wrong with This Picture 114
Do You Have to Drag a Crook Inside? 130
Can You Point a Gun at Someone? 132
Growth in Federal Gun Law (Chart) 161
The Noble Uses of Firearms 186
Growth in Texas Gun Law (Chart) 205
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ACKNOWLEDGMENTS
This book is really the result of all the help we received, great
and small, from the good people who shared their thoughts and resources
with us. Thank you.
Ron Bertsch, Deputy, National Forests and Grasslands
Dr. James T. “Doc” Brown, Texas State Rifle Association
Susan Carley, Research and Support
Bill Clede, Sysop, Firearms Forum, CompuServe, along with
Jeff Halapin, M. Scott Hammon, Kelley Hughes, John Rich
and Mark Thompson
Larry Cooper, Marksman Indoor Range, Inc.
Candice M. DeBarr, Research and Support
Randy Gibson, Exec. Dir., Texas State Rifle Association
Tom Gresham, Contributing Editor, Sports Afield
Steve Hall, Conservation Ed. Dir., Texas Parks & Wildlife Dept.
Gary Kansteiner, Attorney, Texas Legislative Council
Fred Knot, Research and Support
Marshall Kummel, Research and Support
Cheryl and Tyler Korwin
Jim Lockwood
Jeff Long, Information Coordinator, Texas General Land Office
Joe McBride, President, McBride’s Guns, Inc.
John Molleston, Texas General Land Office
Harold D. Oates, Captain, Texas Parks & Wildlife Dept.
Karl N. Olson, Security Officer, Texas Parks & Wildlife Dept.
The Honorable Senator Jerry Patterson
Linda Paulson, CompuServe Journalism Forum
Terrence Plas, The Pensus Group
E.B. Reddoch, III, Exec. Dir., Texas State Rifle Association
Richard Shaw, The Pensus Group
David Smith, Alpine Range
Ralph Talbot, Texas State Rifle Association
Texas Arms Rights Coalition, Neil Atkins
Texas Gun Dealers Association
Charles H. “Chuck” Thompson,
American Defensive Firearms Institute
Gabriel Torre, Sportsman Shooting Center
Carlos Vaca, Asst. Commander, Texas Parks & Wildlife Dept.
Paul Velte IV, Attorney at Law
Charles Wallace, Coordinator, TSRA Grass Roots
W.L. Don Welch, Chief Ranger, Lower Colorado River Authority
James C. “Jimmy” Williams, Attorney
Karen Ziegler, Red’s Indoor Range
The Texas State Rifle Association
allowed the use of information in their pamphlet,
“Know Your Texas Firearm Laws.”
The National Rifle Association Institute
allowed the use of material in their pamphlet,
“Your State Firearms Laws.”
In their dealings with us we found the Texas Dept. of Public Safety
to be cooperative, professional, hard-working and dedicated to fair
implementation of the complex 1995 Right-to-Carry law.
The Texas River Authorities’ cooperation was greatly appreciated.
Special thanks to Phoenix trial lawyer Michael P. Anthony
Cover design by Ralph Richardson
