Free Guide To Texas Open Carry Laws

Texas Open Carry Laws: What You Should Know

Texas has some of the more permissive firearm laws in the United States. As of September 1, 2021, Texas law changed significantly to allow permitless open carry of handguns for most people. This means certain individuals can carry a handgun openly in a holster without first obtaining a permit from the state. Understanding these laws matters if you own firearms or live in Texas, as the regulations affect where you can carry, how you carry, and what exceptions apply.

Free Guide to Understanding Sports Betting Laws →

Open carry refers to carrying a firearm in a manner where it is visible to others. This differs from concealed carry, where a firearm is hidden from view. Texas law distinguishes between these two types of carry and has different rules for each. The state also recognizes federal regulations and local ordinances that may further restrict where firearms can be carried, even if state law permits it.

Texas Penal Code Section 46.02 previously made it illegal to carry a handgun in most public places without a license. The 2021 law change removed this requirement for most adults, though certain conditions still apply. This guide focuses on state-level law and what it means for gun owners. However, local cities and counties in Texas sometimes have their own additional restrictions, so checking your specific city or county regulations remains important.

The laws around firearms continue to evolve, and different situations may have different rules. This resource provides information about how Texas open carry laws work as they currently stand, but it does not cover every possible scenario or exception.

Who Can Carry Openly in Texas: Understanding the Basic Requirements

Texas law allows open carry of handguns without a permit for most people, but "most people" does not mean everyone. Certain groups are prohibited from carrying firearms under both state and federal law. Understanding who can and cannot carry is the first step in knowing whether open carry applies to you.

How to Start a Class Action Lawsuit Educational Guide →

Generally, you must be at least 18 years old to openly carry a handgun in Texas. However, there are narrow exceptions for minors in specific situations, such as hunting or sport shooting under adult supervision. For long guns like rifles and shotguns, the age requirement is also 18, though again, minors may carry them in certain limited situations.

Federal law prohibits certain categories of people from possessing firearms at all. These categories include:

• Persons convicted of a felony or a misdemeanor involving domestic violence
• Individuals who are the subject of a protective order related to domestic violence or harassment
• People adjudicated as mentally ill or committed to a mental health institution
• Non-citizens or illegal residents of the United States
• Persons dishonorably discharged from the military
• People who have renounced their U.S. citizenship
• Fugitives from justice or persons with outstanding warrants

Texas law adds a few additional restrictions. You cannot openly carry a handgun if you have been convicted of certain types of crimes, including crimes of moral turpitude. You also cannot carry if you are subject to a court order prohibiting you from possessing firearms or if you are currently in a mental health crisis and subject to emergency detention.

Practical takeaway: Before purchasing or carrying a firearm, honestly assess whether any of these prohibitions apply to you. If you are uncertain about your background, consulting with a Texas-licensed attorney who specializes in firearms law can provide clarity specific to your situation.

Where You Cannot Carry: Places Prohibited by State and Federal Law

Even if you meet all the requirements to carry, Texas and federal law prohibit firearm carry in certain locations. These "gun-free zones" exist because of safety concerns, security protocols, or federal regulations. Violating these prohibitions can result in criminal charges ranging from misdemeanors to felonies.

Understanding DUI Charges and Your Legal Options →

Federal law prohibits firearms in several categories of places regardless of state law. Airports and secure areas within airports are completely off-limits. Federal courthouses and court buildings where federal court is held prohibit firearms. Federal buildings and installations also ban firearms, though rules may vary depending on the specific building and its purpose. Schools operated by the federal government cannot have firearms brought inside.

Texas state law similarly restricts firearms in specific locations:

• Courthouses, courts, and court offices where state court is being held
• Secure mental health facilities where the person is receiving inpatient mental health services
• Correctional facilities, including jails, prisons, and detention centers
• Public elementary and secondary schools, whether on school grounds or during school events held elsewhere
• Secure areas of airports designated by the TSA
• Certain professional sporting events in venues with 10,000 or more seats (under specific circumstances)

Beyond state and federal law, private property owners have rights. A private business owner, homeowner, or property manager can prohibit firearms on their property, even if state law would otherwise permit carry. This prohibition is often communicated through signs posted at entrances. In Texas, if a property is properly posted with a notice prohibiting firearms, entering with a firearm can be considered trespassing or unlawful carry depending on the circumstances.

Some cities and counties in Texas have attempted to pass local ordinances restricting open carry in additional locations, such as city parks or government buildings. These local restrictions exist in a complicated legal landscape, with some being challenged in court. The status of local restrictions continues to change.

Practical takeaway: Before going to any public building or private business, look for signs prohibiting firearms or ask staff about their firearm policy. When in doubt, it is better to leave your firearm at home or in your vehicle (if legal to do so) than to risk entering a prohibited location.

Open Carry vs. Concealed Carry: The Differences in Texas Law

Texas distinguishes between open carry and concealed carry, and the rules for each are different. Open carry means the firearm is visible to others, typically in a holster worn on the belt, shoulder, or ankle. Concealed carry means the firearm is hidden from ordinary view, such as in a bag, under clothing, or in a pocket.

Understanding the VA Disability Claim Process Guide →

As of September 2021, permitless open carry of handguns became legal for most eligible Texans. This means you can openly carry a handgun without obtaining a permit from the state. You do not need to register the handgun, provide training certificates, or pay any state fee. If you meet the basic requirements (you are legally allowed to own a firearm, you are at least 18 years old, and you are in a location where carry is permitted), you can legally open carry.

Concealed carry of handguns in Texas still requires a License to Carry, commonly called an LTC. This license is issued by local county sheriffs and requires submission of an application, background check, and payment of a fee (typically around $40 for a five-year license). The applicant must demonstrate competence through firearms training or prior experience, such as military service or police work. Some people prefer concealed carry for privacy reasons, and the LTC is also recognized in many other states through reciprocity agreements.

Long guns—rifles and shotguns—can be carried openly without a permit under Texas law. Concealed carry of long guns is also legal in Texas without a permit. Many people open carry long guns at ranges or during hunting, and you will not need any state license to do so.

Here are the key differences:

• Open carry of handguns: Permitless as of September 2021 for most eligible adults
• Concealed carry of handguns: Requires an LTC issued by county sheriff
• Open carry of long guns: Permitless, no license required
• Concealed carry of long guns: Permitless, no license required

One reason some people choose concealed carry over open carry is social acceptance. While it is legal to openly carry in many Texas locations, not all businesses or communities are equally welcoming. Some people find that open carry attracts unwanted attention or makes others uncomfortable. Others prefer the open carry option because it is faster and does not require the legal licensing process.

Practical takeaway: Decide which carry method fits your lifestyle and