AUSTIN, Texas — What does it take to get a gun in Texas? For some, it takes nothing more than money. Private sellers are not required to run background checks on their buyers.

“You can meet someone in a parking lot and buy an AR-15,” said Allison Anderman, the senior counsel and director of local policy with the Giffords Law Center to Prevent Gun Violence. 

On the other hand, licensed firearm dealers are required to run a background check through the FBI. The information is sent to the national instant criminal background check system (NICS). This form will determine whether you can purchase a gun. 

Michael Cargill, the owner of Central Texas Gun Works, said a buyer can be in and out of the store in five minutes if their background check comes back quickly. 

“The background check takes about anywhere from 30 seconds to three days,” Cargill said. “We do anywhere from 50 to 100 background checks a day.” 

Even though taking a class isn’t required to own a gun, Cargill recommends it.

“I always tell people that if you don’t come to me beforehand and take that class to learn what the laws are, then your next class is going to be court ordered,” he said. “I recommend taking a class if you’re going to carry this firearm absolutely, 100%. You would be dumb not to take a license-to-carry handgun course and carry a firearm in this state.”

As of Sept. 2021, Texas allows permitless carry. But Cargill said there are several reasons why someone might want a license.

“If you’re within 1,000 feet of a school [without a license], you’re actually violating federal law,” he said. “Unless you have a license to carry a handgun, then you’re exempt from that federal law. It’s good to have a license if you’re going to go to the airport. If you make a mistake, you go to the airport, and your gun is in your carry-on luggage... with a license to carry a handgun in Texas, they will walk you to your vehicle and let you lock it up. Without a license to carry a handgun, that’s a felony. Two to 10 years in jail.”

Anderman said gun laws in Texas make it easy for individuals with bad intentions to slip through the cracks.

“Our laws, especially in Texas, are so minimal and allow so many people who are dangerous to easily acquire guns. It’s less a question of how someone slipped through a crack, and more that they didn’t fit into a very narrow set of laws that would prohibit them from legally acquiring a firearm,” she said. “Anyone with a felony conviction, anyone who’s legally prohibited from possessing a firearm, can go and buy one from a private seller. I mean, that’s not a crack; that’s like a canyon.”

Anderman said the state should have universal background checks and red flag laws, and raise the age to buy an assault rifle from 18 to 21. But many Texans are focused on getting rid of background checks all together.

Wes Virdell, the Texas State Director for Gun Owners of America, said lawmakers should focus on increasing mental health resources, instead of passing more gun legislation.

“Taking the firearm from a citizen isn’t going to work. Background checks haven’t worked up to this point. And if we truly believe in the Second Amendment, it does not give permission to the federal government to regulate that at all,” Virdell said. “Our stance is that we think that background checks are unconstitutional to begin with.”

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