3.1 – US Constitution and federalism
3.4 – US Supreme Court and civil rights
Texas has continued its steady move towards looser gun regulation with a set of recent legal changes that significantly expand what residents can own and how the state can intervene in moments of risk. While debates over gun rights in the US are often framed in abstract constitutional terms, the reality in Texas is defined by very practical shifts in what is permitted, what is prohibited, and who gets to decide.
One of the most striking changes is the removal of Texas’s own ban on certain short-barrelled firearms, including sawn-off shotguns. Previously, shotguns with barrels under 18 inches were illegal under state law. That restriction has now been lifted. These weapons are still regulated under federal law, meaning buyers must register them, pass background checks, and pay a federal tax stamp. However, by removing its state-level ban, Texas has lowered the overall barrier to ownership and signalled a clear ideological stance in favour of expanded gun rights.
Texas has also moved decisively against so-called “red flag” laws. These laws, used in many other states, allow courts to temporarily remove firearms from individuals judged to pose an immediate risk to themselves or others. Under the new Texas legislation, judges cannot issue such orders in civil cases, and state or local authorities are barred from enforcing them even if federal funding is offered. Supporters argue this protects due process, while critics warn it removes a preventative tool linked elsewhere to reductions in suicide and gun violence.
At the local level, the state has further limited intervention by banning gun buyback schemes run by cities or counties. These programmes allow residents to voluntarily surrender firearms, usually for cash or vouchers. While their effectiveness is disputed, the ban reflects Texas’s broader approach of centralising gun policy and preventing local governments from responding independently to community concerns.
These changes sit alongside Texas’s existing permitless carry laws, which allow most adults over 21 to carry handguns in public without a licence or mandatory training. Background checks still apply when purchasing from licensed dealers, but private sales remain lightly regulated.
Taken together, these developments highlight two important trends. First, Texas is actively strengthening Second Amendment rights at state level, not merely defending existing freedoms but expanding the scope of lawful gun ownership and reducing mechanisms that limit access. Second, they demonstrate the power of states within the federal system to regulate guns in ways that often cut against federal guidance and national policy debates. In doing so, Texas reinforces the central role states play in shaping civil liberties, even on issues as contentious and nationally significant as gun control.