Guidelines For Firearms

Both state and federal guidelines govern the purchase and ownership of firearms in the State of Texas. It is essential to understand your gun ownership rights prior to purchasing or carrying a gun. Texas has some of the least restrictive gun laws in the country, but violating these laws could result in a fine, prison sentence, or both. If you are facing gun charges in Houston or the surrounding area, you need an experienced criminal defense attorney that can protect your rights and your freedom.

Attorney James Alston is board certified in criminal law. Before opening his private defense practice, he worked as a Harris County Assistant District Attorney and is a Former Assistant United States Attorney. Mr. Alston is a proud Texas native who provides aggressive but fair representation for his clients. He is respected as a leader in the legal community and will not rest until you get the best possible outcome in your case. If you have been arrested for a firearms offense in Texas, contact James Alston law today at (713) 228-1400 to schedule a consultation.


In order to purchase a rifle in the State of Texas, you must be at least 18 years old. Under Section 411.172 of the Government Code, a person is eligible to obtain a license to carry a handgun if they:

  • Have been a legal resident of Texas for six months prior to the date of application
  • Are at least 21 years of age
  • Have not been convicted of a felony
  • Have not been charged with a Class A or Class B misdemeanor
  • Have not been charged or convicted (in the previous five years) of disorderly conduct or an equivalent offense
  • Have not been indicted for a felony
  • Are not a fugitive for a felony, Class A or Class B misdemeanor
  • Are not a chemically dependent person
  • Are not incapable of “exercising sound judgment with respect to the proper use and storage of a handgun”
  • Are not delinquent in child support payments
  • Are not delinquent in tax payments
  • Are not restricted by a court protective order or restraining order
  • Have not have made material misrepresentations in their application

To obtain a License to Carry a Handgun you will need to provide a valid driver license or identification card; current demographic, address, contact and employment information; residential and employment information for the previous five (5) years; information regarding psychiatric, drug, alcohol or criminal history; valid email address; and a valid credit card.


Chapter 46 of the Texas Penal Code discusses the limits on weapon possession and the transfer of weapons in the State. Firearms are prohibited at specific locations designated by Section 46.03. Prohibited places include schools or educational institutions, polling places, secured areas of airports, courts and government offices, racetracks, and execution locations. Chapter 46 also discusses the unlawful carrying of a handgun by a license holder, the unlawful possession of a weapon, and prohibited firearms.


To find out more about your rights as a gun owner or the laws regarding the purchase and sale of firearms, contact Attorney James Alston. If you are facing gun charges in Texas, you could be convicted of a misdemeanor or a felony, depending on the circumstances of your case. You need a leading defense attorney to protect your rights, your freedom, and your future by fighting the charges against you. Contact James Alston Law at (713) 228-1400 to schedule a consultation and determine your options in your case.