Are short-barreled rifles legal in Texas? (2026)
Texas no longer has a state short-barrel firearm offense. SB 1596 took it out of Penal Code § 46.05 effective September 1, 2025, so under state law an SBR is not tied to NFA registration at all. Federal rules still apply, and this page covers both.
The short answer
- No Texas SBR offense. SB 1596 struck "short-barrel firearm" from § 46.05(a) and repealed the state definition in § 46.01(10).
- No state registration tie. There is no Texas exemption that depends on NFA registration, because there is no Texas offense to exempt from.
- Penalty under state law: none for an SBR for conduct on or after September 1, 2025.
- Federal law still applies. See "Federal process in 2026" below.
The statute
SB 1596 (89th Legislature, Regular Session) is captioned "relating to the prohibition of short-barrel firearms." Section 1 amends Penal Code § 46.05(a). It strikes "(C) a short-barrel firearm" from subdivision (1), which still lists "(A) an explosive weapon; or (B) a machine gun." Section 1 also strikes "short-barrel firearm or" from the curio and antique defense in § 46.05(d)(1). The bill then says:
"Section 46.01(10), Penal Code, is repealed."
"The change in law made by this Act applies only to an offense committed on or after the effective date of this Act."
"This Act takes effect September 1, 2025."
The Senate passed the bill April 16, 2025 (21 to 10) and the House passed it May 28, 2025 (87 to 52, one present not voting). Texas Legislature Online shows it signed by the Governor on 06/20/2025, "Effective on 9/1/25." Read the enrolled text and the bill history.
How Texas defines an SBR
It doesn't any more. Section 46.01(10), the state's short-barrel firearm definition, was repealed. The federal definition is unchanged: a rifle with a barrel under 16 inches, or a weapon made from a rifle with an overall length under 26 inches (26 U.S.C. 5845).
Penalty
None under Texas law for an SBR, for an offense committed on or after September 1, 2025. We don't state the earlier penalty level here because we haven't verified it.
Is legality tied to federal registration?
Not for SBRs. Machine guns are different: § 46.05(a)(1) still covers a machine gun unless "the item is registered in the National Firearms Registration and Transfer Record" (or is classified as a curio or relic by the U.S. Department of Justice).
ATF's October 9, 2026 open letter says it stopped enforcing Form 1 and Form 4 approval and registration for SBRs, SBSs, suppressors and AOWs. In Texas that creates no state-law question for SBRs, since the state law that used to ask about the NFA is gone. Our Texas suppressor guide covers the suppressor side.
Hunting
The Texas Parks and Wildlife means-and-methods page says: "Game animals and non-migratory game birds may be hunted with any legal firearm, except:" and then lists exceptions, including fully automatic firearms. It also says "Shotguns are the only legal firearm that may be used during East Zone season for wild turkey." The page lists no barrel-length rule for rifles. Read the TPWD page for the exact wording.
Other laws that interact
We haven't reviewed other Texas laws for this page. Not yet verified. As our suppressor guide notes, discharge restrictions in a city, lease rules and federal land rules apply no matter what the Penal Code says.
Braced pistols
The state statute cited here, SB 1596, doesn't mention pistol braces.
Federal process in 2026
- The making and transfer tax on SBRs has been $0 since January 1, 2026.
- ATF's October 9 letter stopped Form 1 and Form 4 approval and registration enforcement. Voluntary forms are still processed. See NFA wait times.
- Dealers use a Form 4473 and NICS check. ATF won't enforce 18 U.S.C. 922(b)(4) "Until final rules are issued."
- "For now," crossing state lines with an SBR still needs an approved Form 20 (18 U.S.C. 922(a)(4)).
- A dealer can't sell where state law forbids it (18 U.S.C. 922(b)(2)).
Skipping registration has a downside: ATF says there is no automatic grandfathering if enforcement resumes. Full detail is on our SBR rules 2026 page. To compare other states, use the state NFA checker.
Checked against the official statute text on October 28, 2026.
Frequently asked questions
Are short-barreled rifles legal in Texas?
Does a Texas SBR have to be registered under the NFA?
When did Texas stop regulating short-barrel firearms?
Do I still need a Form 20 to take a Texas SBR out of state?
Is there a barrel-length rule for hunting rifles in Texas?
Sources
- Texas SB 1596 (89R) enrolled text, Texas Legislature
- Texas SB 1596 bill history, Texas Legislature Online
- TPWD Outdoor Annual: means and methods
- ATF Open Letter, Oct. 9, 2026 (PDF)
- ATF fact sheet: NFA Guidance: Liberty and Justice for All (PDF; undated)
- ATF: Update to NFA Transfer Guidance and FAQ (page last updated Oct. 16, 2026)
- 26 U.S.C. 5845: NFA definitions
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