Yes. Under current federal law, an individual who is legally permitted to possess firearms may generally make a non-NFA firearm for personal use. Texas law does not generally prohibit a person from making an ordinary firearm for personal use. However, building a firearm does not exempt the owner from federal or state restrictions. The rules can be different if the firearm is an NFA-regulated weapon, made for sale or distribution, or possessed by someone prohibited from possessing firearms.
Does Texas Law Allow Homemade Firearms?
Texas Penal Code Chapter 46 defines a firearm but does not generally make it a crime for a law-abiding person to manufacture an ordinary firearm for personal use. Texas law does regulate particular weapons and conduct, so the type of firearm matters. Recent Texas legislation effective September 1, 2025, removed the state’s former prohibition on short-barrel firearms, although federal NFA requirements can still apply.
What Does Federal Law Say?
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) states that an individual may generally make a firearm for personal use. A person does not need a federal firearms license merely to make a non-NFA firearm for personal use, provided the person is not otherwise prohibited from possessing firearms. ATF also recognizes privately made firearms (PMFs), which are firearms produced by someone other than a licensed manufacturer.
Federal law does not require every privately made firearm to have a serial number when it is made and retained by an individual for personal use. Different marking requirements can apply if the firearm later comes into the possession of a federal firearms licensee.
Does a Homemade Firearm Need a Serial Number?
Not necessarily. ATF states that an individual who makes a firearm for personal use generally does not have to add a serial number or register the PMF merely because it was privately made. However, requirements can change when the firearm is transferred to or received by a licensed firearms dealer or manufacturer.
Can You Make a Firearm and Sell It?
Making a firearm for personal use is different from manufacturing firearms as a business. ATF explains that a person engaged in the business of manufacturing firearms for livelihood and profit generally must obtain a federal firearms license.
What About 3D-Printed Firearms?
Federal law does not categorically prohibit a person from using 3D-printing technology to make a firearm. ATF states that individuals may use 3D printing or other processes, provided the resulting firearm complies with applicable federal law.
Federal law also contains requirements concerning firearm detectability. A manufacturing method cannot be used to create a firearm that violates federal restrictions on undetectable firearms.
What About NFA Firearms?
Personal manufacture does not automatically make every type of firearm lawful. Certain weapons and devices are regulated under the National Firearms Act and other federal statutes.
ATF specifically notes that individuals may make firearms for personal use, but additional restrictions apply to firearms subject to the NFA. Machine guns, destructive devices, silencers, and certain other weapons can involve registration, approval, or other federal requirements.
Can a Prohibited Person Build a Firearm?
No. The general permission for individuals to make firearms for personal use does not override federal restrictions on people who are prohibited from possessing firearms. ATF states that prohibited-person manufacturing or possession can lead to federal enforcement.
Conclusion
Building your own firearm in Texas is generally legal when a person who is legally allowed to possess firearms makes a non-NFA firearm for personal use. ATF expressly recognizes privately made firearms and states that an individual generally does not need a federal manufacturer’s license for personal-use manufacturing.
However, important limits remain. Federal restrictions on prohibited persons, NFA weapons, undetectable firearms, and manufacturing for sale or distribution can apply. Texas law also regulates particular weapons and conduct. Anyone considering a privately made firearm should verify its legal classification and the current federal and Texas requirements before proceeding.
