Q: Can I buy a guns/ammo/gun accessories in another state if I am a resident of Texas?
A: Texas Penal Code s46.07 permits that “a resident of this state [Texas, of course] may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state.” So, what’s the “if not otherwise precluded by law” business? If State or Federal law prohibits the purchase of the gun/ammo/accessory, then you can’t buy it period, whether you buy it in Texas or not.
Q: Can I possess a machine gun in Texas? How about a silencer? What about a sawed-off shotgun?
A: No, no, and no. Texas Penal Code s46.05 contains a list of prohibited (i.e. illegal) weapons in Texas, which include “a machine gun,” “a short-barrel firearm,” and a “silencer.”
Q: Wait a minute, what if my prohibited gun is an antique? Am I required to get rid of it?
A: You have what we in the legal business call an affirmative defense. Texas Penal Code s46.05(d)(1) provides that “it is an affirmative defense to prosecution under this section that the actor’s conduct…was incidental to dealing with a short-barrel forearm…solely as an antique or curio.” Will this keep you from getting charged with possession of a prohibited weapon? Probably not. But, you’ll have an affirmative defense to prosecution.
Q: I want to give my buddy a gun for his house-warming—do I need to fill out paperwork, etc.?
A: Do you know that your buddy is planning to use the gun in an unlawful manner (i.e. to rob banks)? Is your buddy under 18? Is your buddy drunk? Is your buddy a felon?* Is your friend subject to an active protective order? Are you subject to an active protective order? If the answer to all of these questions is “no,” you shouldn’t have anything to worry about. Of course, the gun must not be a prohibited weapon under Texas law (see above.)
* As to the “felon” question about, see Texas Penal Code s46.06(4)(A)-(B) for further clarification.