Yes, blank firing guns are legal in Texas but strictly regulated under state and local laws. Texas Penal Code § 46.05 prohibits firearms capable of discharging projectiles, yet blank guns—designed for noise or ceremonial use—are exempt if incapable of propelling a projectile. The Texas Department of Public Safety (DPS) requires sellers to verify buyers are 18+ and prohibits sales to felons or those under protective orders. Local ordinances, such as those in Austin or Dallas, may impose additional restrictions on public display or discharge.
Key Regulations for Blank Firing Guns in Texas
- State-Level Restrictions: Texas Penal Code § 46.05(b)(4) exempts blank guns from firearm prohibitions if they lack projectile-firing capability. However, § 46.05(a)(1) bans carrying them in public without a license, mirroring firearm regulations.
- DPS Licensing Requirements: Sellers must conduct background checks via the DPS’s Firearms Prohibition System (FPS) before transfer, aligning with 2023 legislative updates requiring enhanced verification for “simulated firearms.”
- Local Ordinances: Cities like Houston and San Antonio prohibit discharging blank guns within city limits without a permit, while Dallas requires a noise ordinance compliance certificate for public use.
Violations may result in Class C misdemeanor charges under local noise or disorderly conduct ordinances, though state penalties are rare unless used in commission of another crime. Always verify municipal codes, as enforcement varies by jurisdiction.