Last Updated on July 23, 2025 by Beltz Law Group
Understanding Firearm and Handgun Definitions in Texas Law
Criminal Defense Lawyer North Texas
Texas firearm laws have seen significant changes recently. This article aims to clarify the legal definitions of “firearm” and “handgun” under both Texas state and federal law, and where to find these crucial distinctions. If you or a loved one is facing charges related to the unlawful carrying of a weapon, don’t hesitate to contact our experienced criminal defense attorneys at 214-321-4105 for a detailed discussion of your case.
The Legal Definition of a Handgun in Texas
Both Texas state and federal laws share the same definition for a “handgun.” This definition is specifically outlined in Texas Penal Code Section 46.01(5).
According to this statute:
“Handgun” means any firearm that is designed, made, or adapted to be fired with one hand.
This definition is straightforward, focusing on the weapon’s intended or adapted use—specifically, its ability to be operated with a single hand.
The Broader Legal Definition of a Firearm in Texas
It’s a common misconception that “firearm” and “handgun” are interchangeable terms. However, their legal definitions clearly distinguish them. While the definition of a “firearm” includes handguns, it also encompasses a much wider range of other weapons.
The legal definition of a “firearm” in Texas is found in Texas Penal Code Section 46.01(3).
As per this section:
Rockwall County Criminal Defense
“Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
Let’s break down what this comprehensive definition means:
- “Any device designed, made, or adapted to expel a projectile through a barrel”: This covers virtually any weapon that shoots a bullet, slug, or other projectile out of a tube-like structure. This includes pistols, revolvers, rifles, shotguns, and even some less common types of weapons.
- “by using the energy generated by an explosion or burning substance”: This specifies the mechanism by which the projectile is expelled. This refers to the combustion of gunpowder or other propellants, which is the hallmark of conventional firearms. This differentiates firearms from other projectile-launching devices like bows and arrows, slingshots, or air rifles (which use compressed air).
- “or any device readily convertible to that use”: This crucial phrase expands the definition to include items that aren’t currently functioning as a firearm but can easily be modified to do so. This might include certain firearm frames, receivers, or even kits that, with minimal effort, can become operational firearms. This prevents individuals from circumventing firearm laws by possessing parts that are just shy of being a complete weapon.
In essence, while all handguns are firearms, not all firearms are handguns. The “firearm” definition is much broader, covering a wide array of weapons that use explosive force to propel a projectile through a barrel. Understanding these precise legal definitions is critical for anyone dealing with firearm-related laws in Texas.
