Gun laws
The Second Amendment protects the right to keep and bear arms, and recent Supreme Court rulings have widened that protection. Texas lets adults 21 and over carry a handgun without a license and, since 2025, bars red-flag orders. The debate is over which limits, if any, would reduce gun deaths without burdening law-abiding owners.
The basics
The Second Amendment protects an individual right to keep and bear arms. In New York State Rifle & Pistol Association v. Bruen, decided in 2022, the Supreme Court held that this includes carrying a handgun outside the home for self-defense1.
On June 25, 2026, in Wolford v. Lopez, the Court ruled 6 to 3 that Hawaii could not bar people with carry permits from bringing handguns onto private property open to the public, like stores, unless the owner gave express permission12.
Licensed gun dealers must run background checks on buyers. Many lawful sales also happen between private, unlicensed people who live in the same state, at homes, gun shows and through ads, and those sellers may not be able to run a complete background check3.
In 2022, Congress passed the Bipartisan Safer Communities Act, signed June 25, 20224. It added checks of juvenile records for buyers under 21, allowed federal grants to fund state crisis intervention programs, and clarified who must get a dealer license4.
As of August 2026, 22 states had laws allowing extreme risk protection orders, often called red-flag laws5.
Key terms
- Permitless carry
- Carrying a handgun without a state license. Supporters often call it constitutional carry. Texas has allowed it for adults 21 and older since September 1, 20216.
- Red-flag law (extreme risk protection order)
- A law that lets a court temporarily remove guns from someone found to be a danger to themselves or others5.
- Universal background checks
- Requiring a background check on nearly all gun sales, including private sales between unlicensed people that federal law does not now cover3.
- Assault weapons
- A term used in some laws for certain semi-automatic rifles and other guns with military-style features. Gun-rights supporters often call these modern sporting rifles. Definitions vary from law to law.
- Preemption
- When state law overrides local rules. Texas law bars cities from regulating the sale, possession, carrying, storage or registration of firearms7.
In Texas
Since September 1, 2021, Texans 21 and older who can legally have a gun may carry a handgun without a license, under the Firearm Carry Act of 2021 (House Bill 1927)6.
Texas does not have a red-flag law5. Senate Bill 1362, signed June 22, 2025, bars state agencies, cities, counties and district attorneys from adopting or enforcing red-flag rules unless state law specifically authorizes them5. As of August 2026, Texas was one of six states with laws that prevent or restrict red-flag orders5.
Cities like Colleyville cannot pass their own rules on the sale, possession, carrying, storage or registration of guns. State law keeps those decisions with the Legislature7.
How people see it
The strongest case for each view, in terms its supporters would recognize. We don't pick a side.
Remove most restrictions
Supporters say bearing arms is a constitutional right, not a privilege, and that most gun laws burden law-abiding owners while criminals ignore them. They would repeal many federal restrictions and focus on self-defense and punishing violent criminals.
Keep current laws and enforce them
Supporters say existing laws, like bans on gun ownership by felons and domestic abusers, work when prosecutors actually use them. They would focus on enforcement, school security and mental health care rather than new limits on gun owners.
Add universal background checks and red-flag laws
Supporters say checks on every sale close a gap that lets prohibited buyers skip a check, and red-flag orders give families and police a way to act before a person in crisis hurts someone. They say both can include due process and respect for gun owners.
Also ban assault-style weapons and high-capacity magazines
Supporters say these guns and large magazines let a shooter fire many rounds quickly, which makes mass shootings deadlier. They would pair bans with background checks and red-flag laws while leaving handguns, hunting rifles and shotguns available.
Strict licensing and much tighter limits
Supporters point to countries with licensing, training and registration rules and far fewer gun deaths. They would require a license to own a gun, limit the number and types of guns, and treat gun ownership more like driving a car.
Who decides
- U.S. Congress: Writes federal gun law, including background check rules.
- ATF and FBI: Enforce federal gun laws and run the national background check system.
- Supreme Court and federal courts: Decide what limits the Second Amendment allows.
- Texas Legislature and Governor: Set Texas gun law, including carry rules and the ban on red-flag orders.
- Cities: Blocked by state law from regulating most gun matters.
Questions to ask a candidate
- Should private gun sales between individuals require a background check?
- Texas now bars red-flag orders. Would you keep that ban, or let courts temporarily remove guns from people found to be dangerous?
- Should the minimum age to buy a rifle be 18 or 21?
- What would you do to reduce gun deaths, including suicides, while protecting gun owners' rights?
Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.
Sources
- Wolford v. Lopez, No. 24-1046 (decided June 25, 2026), opinionSupreme Court of the United States
- Wolford v. Lopez (case page)SCOTUSblog
- Facilitating Private Sales: A Federal Firearms Licensee GuideBureau of Alcohol, Tobacco, Firearms and Explosives
- Public Law 117-159, Bipartisan Safer Communities ActU.S. Government Publishing Office
- Extreme risk protection orders in state legislaturesBallotpedia
- Firearm Carry ActTexas Department of Public Safety
- Texas Local Government Code Section 229.001Texas Public Law (statute text)