With an ever-growing demand for more information on gun laws, it is essential to stay informed and know your rights. Owning a firearm in the United States has many responsibilities, including understanding state and federal regulations and staying updated with any changes. In this blog post, we will attempt to answer the question of whether or not fully automatic weapons are legal in Texas. We will look at the historical context, current regulations, and expert recommendations so that you can make an informed decision about owning these types of weapons.
Are Fully Automatic Weapons Illegal In Texas?
Yes, fully automatic weapons are illegal in Texas. State law prohibits the manufacture, possession, sale, or transfer of any firearm designed to fire more than one shot per trigger pull. This includes so-called “assault weapons” as well as machine guns and other fully automatic firearms. There are a few limited exceptions for specific types of firearms used by military and law enforcement personnel. Still, generally speaking, if it’s a fully automatic weapon, it’s against the law in Texas.
Overview Of Texas Gun Laws
1. It is legal to possess most firearms in Texas, including semi-automatic and some automatic weapons. The federal National Firearms Act of 1934 regulates the ownership of fully-automatic machine guns, but Texas law does not ban them outright.
2. Gun owners in the state must complete a criminal background check and register their firearms with the state government before they can legally own them.
3. Texas law also requires individuals to obtain a concealed carry permit to carry a firearm in public places. The state has different requirements for acquiring this permit, such as passing a background check and completing an approved firearms safety class.
4. Texas also has a Castle Doctrine, which allows individuals to use deadly force in self-defense cases.
5. Fire-holding is also legal in Texas, but certain restrictions apply. For example, open carrying a handgun in public places is prohibited unless the individual has a concealed carry permit.
Federal Regulation Of Automatic Weapons
- The National Firearms Act of 1934 (NFA) was the first federal law to regulate automatic weapons. This law required an individual to pay a tax and register with the government to purchase or possess certain firearms, including fully automatic weapons.
- In 1986, the Firearm Owners Protection Act (FOPA) amended the NFA and, in part, prohibited the possession of new machine guns by civilians with very few exceptions.
- The Hughes Amendment to the FOPA prohibited the transfer of machine guns manufactured after May 19th, 1986, making them inaccessible to civilians. Machine guns produced before this date can still be acquired with approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
In addition to the federal regulations, each state has its specific laws governing the ownership and transfer of machine guns.
State Laws On Automatic Weapons In Texas
1. Automatic weapons are illegal to possess, sell, or transfer in Texas. The sale and possession of any fully automatic weapon have been prohibited since 1994 when Congress passed the federal assault weapons ban (AWB). This ban expired in 2004 but was not renewed.
2. even though owning a fully automatic weapon is illegal in Texas, one can legally own semi-automatic weapons manufactured in the state. Semi-automatic weapons require a separate pull of the trigger for each shot fired.
3. Texas also has specific regulations on ammunition and magazines, which have been implemented to reduce the number of firearms-related crimes in the state. It is illegal to possess any type of magazine with a capacity greater than 20 rounds or to possess any type of armor-piercing ammunition, tracer rounds, or explosive tips.
4. It is also important to note that Texas has a “shall-issue” policy regarding concealed carry permits. This means that any law-abiding citizen who meets the requirements can obtain a permit to carry a handgun in a concealed manner within the state’s borders.
Penalties For Possessing A Fully Automatic Weapon In Texas
- According to the Texas Penal Code Section 46.05, it is illegal to possess a fully automatic weapon without a permit or license issued by the state of Texas.
- Penalty: The penalty for possessing an unlicensed and unregistered fully automatic weapon can include a fine of up to $10,000 and confinement in jail for up to 10 years.
- Restrictions: In addition to being subject to fines and possible imprisonment, individuals who are caught in possession of an unlicensed and unregistered firearm may be subject to further restrictions, such as fewer rights when it comes to gun ownership privileges.
- Restrictions: Furthermore, individuals found to possess a fully automatic weapon without proper license and registration will not be able to purchase additional firearms or ammunition.
- Exceptions: There are certain exceptions to this general rule, such as owning a fully automatic weapon for use in certain movies, television shows, sporting events, etc. However, these exceptions must be granted by the state of Texas before any legal possession of the firearm occurs.
The Impact Of Gun Control In Texas And Nationwide
1. Fully automatic weapons are illegal in Texas. Fully automatic firearms, which fire multiple rounds with a single trigger pull, have been heavily regulated since 1934 when Congress passed the National Firearms Act (NFA). This act made it illegal to possess or transfer a fully automatic weapon without registering it and obtaining special licensing from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). As such, owning an unregistered, fully automatic weapon is a federal offense punishable by up to 10 years in prison.
2. Texas has adopted its own set of gun control regulations that go beyond what is required by federal law. These include additional restrictions on who can own guns and where they can be carried. In Texas, it is illegal to possess any type of fully automatic weapon unless you have obtained a special permit from the Texas Department of Public Safety.
3. Also, certain types of firearms are entirely prohibited in Texas, such as machine guns and short-barreled rifles or shotguns. Therefore, even if you have a valid Texas license to own a fully automatic weapon, specific models will still be restricted.
4. The state also restricts where these weapons can be used and how they are stored when not in use. For instance, it is illegal to carry a fully automatic weapon in any public place except for shooting ranges and gun shows approved by the state government. Additionally, all weapons must be securely locked away when not in use to prevent theft or misuse.
Conclusion
It is essential to know the legality of automatic weapons in the Texan state. Owning or purchasing an automatic weapon in Texas is not prohibited and can be obtained via a federal firearms license. However, obtaining one of these licenses and details on acceptable procedures, such as where they can be used, should be read thoroughly before. It is also recommended that anyone wishing to acquire an automatic weapon seeks out appropriate educational programs which explain the regulations and safe handling of these items. The complexities around owning an automatic gun can vary depending on your location and so it is essential to call or visit your local authorities if you need more clarification.
