Gun Laws in Texas: How New Regulations Affect Criminal Charges & Defenses

Texas gun laws are permissive, but firearm charges are serious. In 2025, new rules affect gun owners’ rights and criminal liability. If you face weapons charges in Austin or Travis County, you need an experienced Texas criminal defense attorney. At Gunter, Bennett, & Anthes, we defend clients against state and federal firearms charges. We are available to answer questions and protect your rights.

Constitutional Carry and Permitless Carry in Texas

Since 2021, most adults 21 and older can carry handguns openly or concealed without a License to Carry. Restrictions still apply. You cannot carry if you:

• Have felony convictions
• Have certain domestic violence convictions
• Are under protective orders
• Are in criminal street gangs
• Are intoxicated
• Are federally prohibited from possessing firearms

Following a 2022 federal court ruling, 18 to 20-year-olds may now carry handguns, although they still cannot purchase firearms from licensed dealers.

Major Gun Law Changes in 2025

Texas legislators passed several gun-related bills in 2025 that took effect on September 1, 2025, including:

• Senate Bill 1362 – Anti-Red Flag Act: Limits civil red flag orders restricting firearms. Judges can still issue orders in criminal and domestic violence cases.
• House Bill 3053 – Gun Buyback Ban: Local governments may no longer operate gun buyback programs.
• Short-Barrel Firearms Legalization: Rifles under 16 inches and shotguns under 18 inches are now legal under state law, but federal registration with the ATF is required.
• Senate Bill 706 – Universal Carry Recognition: Texas recognizes all valid out-of-state carry permits.

Where You Cannot Carry Firearms in Texas

Even with permitless carry, Texas law prohibits firearms in specific locations:

• Schools and educational institutions
• Polling places during elections
• Courts and courthouses
• Airport secured areas
• Correctional facilities
• Certain hospitals
• Sporting events
• Amusement parks
• Places of worship without permission
• Bars and establishments earning most revenue from alcohol
• Private property with proper signage

Violating these restrictions can result in criminal charges ranging from Class A misdemeanors to third-degree felonies, depending on the location and circumstances.

Common Gun Charges in Austin and Travis County

At Gunter, Bennett, & Anthes, we regularly defend clients against various firearms charges:

• Unlawful carrying: Gun in a prohibited place or without permission
• Felony possession: Felons cannot own firearms
• Improper transfer: Giving a gun to someone banned
• Gun during crime: Firearm used in another offense
• Prohibited weapons: Illegal guns like machine guns or silencers
• Deadly conduct: Brandishing to threaten or scare

Potential defenses include unlawful search, lack of knowledge, mistaken identity, valid licensing, and constitutional challenges. Charges may be prosecuted at the state or federal level, with federal cases often carrying stricter penalties.

Penalties for Weapons Offenses

Gun charges in Texas carry serious consequences:

• Misdemeanor charges: Up to one year in jail, $4,000 fines
• Third degree felonies: 2-10 years in prison, $10,000 fines
• Federal charges: Often include mandatory minimum sentences of five to fifteen years
• Enhanced penalties: Additional consequences for firearms used during other crimes
• Long-term impact: Permanent loss of gun rights with felony convictions

A conviction for a weapons offense can permanently impact your freedom and future. Don’t face these serious charges alone.

Protect Your Gun Rights with a Texas Criminal Defense Lawyer

At Gunter, Bennett, & Anthes, our Texas criminal defense attorneys defend clients against state and federal firearms charges. With experience as former prosecutors, we know how the state builds cases and fights to protect your rights. Call (512) 476-2494 or contact us online for a free consultation today.