You can buy a gun in Texas with an out-of-state driver’s license, but only rifles and shotguns go home with you the same day. Handguns must be shipped from the Texas dealer to a licensed dealer in your home state, where you complete a second transaction before taking possession. Your home state’s firearm laws apply to the sale either way, and a Texas dealer cannot legally sell you something that would be illegal to own where you live.
Rifles and Shotguns: Same-Day Purchase
Federal law generally bars licensed dealers from selling firearms to residents of other states, but rifles and shotguns are the exception. A Texas dealer can sell a long gun directly to an out-of-state buyer as long as the sale happens in person and complies with the laws of both Texas and the buyer’s home state.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
The process looks identical to any other in-store purchase. You show valid photo ID, fill out ATF Form 4473, and wait for the National Instant Criminal Background Check System (NICS) to clear you.2ATF eRegulations. 27 CFR 478.124 Firearms Transaction Record If the check comes back clean, you walk out with the firearm.
Handguns: Ship to a Dealer at Home
Handguns work differently. No exception exists — a Texas dealer cannot transfer a handgun to a resident of another state at the counter.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide The Texas dealer processes the initial paperwork and ships the firearm to a licensed dealer in your home state. Once it arrives, you visit the receiving dealer, fill out a second Form 4473, pass another NICS check, and finally take the gun.
The receiving dealer charges a transfer fee. Fees aren’t federally regulated, and most run between $25 and $75, with higher rates common in some urban shops. Call the receiving dealer first and confirm the fee before the Texas dealer ships anything. Between shipping charges, the transfer fee, and two trips, buying a handgun while visiting Texas rarely saves money unless the specific model isn’t available near home.
Your Home State’s Laws Still Apply
Texas has relatively few restrictions on long guns, but the sale must comply with your home state’s laws as well as Texas law.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide If you live somewhere that bans certain semi-automatic rifles, limits magazine capacity, or requires specific features, a Texas dealer cannot sell you a firearm that would violate those rules. The dealer is legally presumed to know your state’s laws, and ignorance isn’t a defense for either side.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Questions and Answers
Some dealers decline out-of-state long gun sales entirely because verifying another state’s restrictions adds liability. Others complete the sale but refuse specific configurations they know are problematic. Check your home state’s rules before making the trip. Getting turned away at the counter wastes everyone’s time.
ID and Paperwork
Bring a valid, government-issued photo ID showing your name, date of birth, current residential address, and photograph. A driver’s license or state-issued ID card is standard. The dealer records the document type, number, and expiration date on Form 4473.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record – ATF Form 4473
If your address has changed since the ID was issued, bring supplemental government-issued documentation showing your current address — a vehicle registration, property tax bill, or a valid electronic document from a government website. The combination of documents must cover all four data points: name, address, date of birth, and photo.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide
You also need to meet the federal minimum ages: 18 for a rifle or shotgun, 21 for a handgun.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts These limits apply regardless of where you live or where the dealer is located. Some states set higher age minimums, and if your home state does, that restriction follows you to the Texas counter.
Active-Duty Military Stationed in Texas
If you’re on active duty with permanent change of station (PCS) orders to a Texas base, you count as a Texas resident for firearm purchases, even if your driver’s license is from another state. The dealer will accept PCS orders (paper or electronic) along with a valid military photo ID.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Questions and Answers On Form 4473, you list both your duty station address and your residential address if they differ. A service member stationed at Fort Cavazos can buy a handgun in Texas without shipping it anywhere.
Non-Immigrant Visa Holders
If you’re in the United States on a non-immigrant visa, federal law generally prohibits you from buying or possessing firearms. Narrow exceptions apply for holders of a valid U.S. hunting license and for certain diplomatic and law enforcement categories.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts A separate embassy waiver process exists for non-immigrants who have lived in the U.S. continuously for at least 180 days, but approvals are uncommon.
The Background Check and Delays
Every purchase from a licensed dealer triggers a NICS check, and the response comes back as proceed, delayed, or denied. Proceed clears the sale immediately. Denied ends it.
Delayed means NICS found a record needing further review. Under federal regulations, the dealer may complete the sale if NICS doesn’t issue a final response within three business days of the initial query, with the day of submission excluded from the count.7eCFR. 28 CFR 25.6 – Accessing Records in the System Many dealers won’t release a firearm on a delay even after three days, because a later denial can create liability. Ask the dealer’s policy before starting the paperwork, especially if you’re driving home the same day.
Federal Disqualifiers That Apply Regardless of State
Several categories of people cannot buy a firearm from any licensed dealer anywhere in the country. These come from 18 U.S.C. § 922(g) and are checked during every NICS screen.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts You’re barred if you have a felony conviction, are a fugitive from justice, use controlled substances, have been involuntarily committed to a mental institution, are subject to a qualifying domestic restraining order, have a domestic violence misdemeanor conviction, received a dishonorable discharge, or have renounced U.S. citizenship.
The controlled substances category catches people off guard. Federal law still classifies marijuana as Schedule I, and the ATF has stated that anyone who uses marijuana — including medical cardholders in states where it’s legal — is prohibited from buying or possessing firearms. A dealer who has reason to believe you use marijuana must refuse the sale.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Open Letter to All Federal Firearms Licensees Lying about it on Form 4473 is a separate felony.
Gun Shows and Private Sales
Visiting a Texas gun show doesn’t change any of the rules above. Licensed dealers at gun shows run the same NICS checks, complete the same Form 4473, and follow the same interstate restrictions as at their storefront. Handguns still have to ship to a dealer in your home state.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Questions and Answers
Private sellers are a different matter. Texas doesn’t require private sellers to run background checks on Texas-resident buyers.9Texas State Law Library. How Can I Sell My Gun to Another Person? But federal law flatly prohibits any unlicensed individual from transferring a firearm to a resident of another state.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts If you’re an out-of-state buyer, a lawful private seller will refuse the sale or route it through a licensed dealer. The only narrow exceptions are inheritance through a will or estate and temporary loans for lawful sporting purposes. Everything else is a federal crime for both parties.
Taking Your Firearm Home
Once you’ve purchased a long gun, you have to get it home legally. Federal law provides a safe-passage protection: you can transport a firearm through any state as long as the gun is unloaded and neither the firearm nor ammunition is readily accessible from the passenger compartment.10Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms If your vehicle has a trunk, use it. In an SUV or pickup, the firearm goes in a locked container that isn’t the glove box or center console.
Safe passage only covers you while in transit. Overnight stops, hotel stays, or side trips can put you under local law. That matters when driving through states with restrictive firearm rules.
Flying Home
TSA allows firearms in checked baggage only. The firearm must be unloaded and packed in a locked, hard-sided container, and you declare it at the airline ticket counter every time you fly with one.11Transportation Security Administration. Transporting Firearms and Ammunition Ammunition can share the locked case if it’s in its original packaging or a container designed for ammunition; loose rounds won’t pass inspection. Firearms and ammunition are never allowed in carry-on luggage.