Texas law generally prohibits intentionally or knowingly possessing, manufacturing, transporting, repairing, or selling a machine gun.1 However, it is a defense to prosecution if the machine gun was properly registered under federal law.2
Federal law requires machine guns to be registered with the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and generally prohibits the transfer or possession of machine guns manufactured after May 19, 1986.3 In December 2018, ATF finalized a rule to include bump stocks within the definition of a machine gun subject to this federal law, meaning that bump stocks will be generally banned as of March 26, 2019.4
See our Machine Guns policy summary for a comprehensive discussion of this issue.
- Tex. Penal Code § 46.05(a)(2).
- Tex. Penal Code § 46.05(b), (c).
- 18 U.S.C. § 922(o); 26 U.S.C. § 5861(d).
- Bump-Stock-Type Devices, 83 Fed. Reg. 66,514 (Dec. 26, 2018) (to be codified at 27 C.F.R. pts. 447, 478, 479).