Gun ownership in Texas remains legal after the 2026 firearm reforms, but the statutes now impose tighter controls on open carry, expand background‑check requirements, and raise the minimum age for purchasing certain weapons. Existing owners can keep their firearms, yet they must comply with the new licensing procedures and record‑keeping rules to avoid civil or criminal penalties.
Key Changes in the 2026 Firearm Statutes
The 2026 legislative package, codified chiefly in Texas Penal Code §§ 46.04 and 46.05, adds three significant provisions. First, open carry of handguns in public spaces now requires a “Public Carry Permit” issued by the Department of Public Safety, replacing the former “License to Carry” that was limited to concealed weapons. Second, all purchases of semi‑automatic rifles and high‑capacity magazines trigger an automatic background check through the National Instant Criminal Background Check System, a requirement previously limited to handguns. Third, the statute raises the minimum purchase age for assault‑style firearms from 18 to 21, aligning Texas with several neighboring states.
How the Law Affects Carry Permits
Owners who already hold a Concealed Handgun License (CHL) may continue to carry concealed weapons, but they must apply for the new Public Carry Permit to carry openly. The application process now includes a mandatory safety‑training course of at least eight hours and a biometric fingerprint submission. Failure to obtain the permit while carrying openly results in a Class A misdemeanor, punishable by up to one year in county jail and a $4,000 fine. The law also allows local law‑enforcement agencies to temporarily suspend a permit if the holder is convicted of a misdemeanor involving domestic violence.
Age, Background Checks and Enforcement
The age increase to 21 applies to purchases of any firearm classified as “assault‑style,” which the legislature defines by barrel length, magazine capacity, and the presence of military‑style features. Retailers must retain a copy of the background‑check verification for three years, and the state may audit compliance annually. Violations of the new background‑check requirement—such as selling to a prohibited person without verification—carry a civil penalty of $2,500 per offense, plus possible criminal contempt charges.
FAQ
Can I still carry a handgun without a permit if I am a veteran?
Veterans who were issued a CHL prior to 2026 retain the right to carry concealed without additional certification, but open carry still requires the new Public Carry Permit regardless of military status.
Do the new laws affect my existing collection of antique firearms?
Antique firearms, defined as weapons manufactured before 1898, are exempt from the background‑check expansion and age restrictions, but they remain subject to the general prohibition against carrying them in public without a permit.
How long does the new Public Carry Permit application take?
The Department of Public Safety processes applications within 30 days of receipt, provided all training certificates, fingerprint data, and background‑check results are submitted correctly.
What penalties apply for unintentional violations of the age restriction?
If a retailer unknowingly sells an assault‑style firearm to a person under 21, the retailer faces a civil fine of $2,500 per transaction; the buyer may be required to surrender the weapon but is not subject to criminal prosecution unless intent is proven.
Will the 2026 changes impact Texas’s “permitless carry” policy?
Permitless carry for individuals 21 and older who are not prohibited possessors remains intact for concealed weapons. However, open carry without a permit is no longer permitted, effectively narrowing the scope of the “permitless” doctrine.