Who can carry a gun?

The library cannot help you determine whether you are legally allowed to carry or possess a firearm. If you have questions about your eligibility under the law, be sure to ask an attorney.

Handguns

As of 2021, people who qualify under the law can carry a handgun in a public place in Texas without a license to carry (LTC). Texans can still apply for an LTC since it may carry additional benefits. See our License to Carry page for more info. Sections 46.02 and 46.04 of the Texas Penal Code describe unlawful carry and possession of a firearm. Generally, to carry a handgun in public in Texas without an LTC, a person must:

Be at least 21 years old 

Not have a prior felony conviction as described in Texas Penal Code Section 46.04

Not have a recent conviction for certain types of misdemeanors as described in Texas Penal Code Sections 46.02 and 46.04

Not be subject to an unexpired protective order as described in Texas Penal Code Section 46.04(c)

Not be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g)

Not be intoxicated, except in certain situations as described in Texas Penal Code Section 46.02(a-6)

The new Texas law does not give the right to carry a handgun to anyone who was prohibited before the new law took effect. Section 2 of HB 1927 states:

persons who are currently prohibited from possessing firearms under state and federal law will not gain the right to possess or carry a firearm under this legislation

Long Guns

Texas law does not specifically put restrictions on who can carry a long gun such as a rifle or shotgun. However, some people are prohibited from owning or possessing any firearm by law. See the Owning and Possessing section of this research guide for more information.

Texas Laws

Section 46.02 of the Texas Penal Code This section sets the age limit for carrying a handgun, lists which convictions disqualify someone from carrying a handgun, and lists other limitations. It sets out the requirement that handguns must be carried in a holster. It also discusses how handguns can be carried in certain motor vehicles and watercrafts. Texas Penal Code, Chapter 46 This chapter, "Weapons," discusses criminal offenses related to carrying, buying, and selling firearms. It also defines firearms and other types of weapons. Sec. 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions.

Understanding the Law

Legal FAQs

Do I Need a License to Carry a Handgun in Texas?

This FAQ discusses the law that removed the requirement to have a license in order to carry a handgun in Texas as of 9/1/2021.

Can I Carry a Gun in My Car?

This FAQ discusses Texas laws surrounding the carrying of guns in cars, boats, or other vehicles.

Can I Carry a Weapon While Wearing a Mask?

This FAQ addresses the carrying of weapons while wearing a mask in Texas.

I'm Visiting Texas From Another State, and I Have a License to Carry in My Home State. Can I Carry My Gun in Texas?

This FAQ discusses Texas's reciprocity agreements with other states relating to licenses to carry handguns.

Can You Carry a Handgun Without a License During a Disaster in Texas?

This FAQ addresses a 2019 law that allows those who are not prohibited from possessing a handgun to carry a handgun without a license while evacuating from a disaster area or returning to that area after evacuating.

News Articles and Publications

Texas Gun Laws on Open and Concealed Carry

This article discusses the carry of firearms in Texas. It provides a list of convictions that disqualify a person from having a firearm and a list of places where firearms are banned. The article is provided by Nolo, a legal publisher.

Texas GOP Governor Signs Permit-Free Gun Carrying Legislation (6/16/2021)

This news article describes the new law which removes the requirement to have a license to carry a handgun in Texas.

Local Governments and Firearms: Avoiding a Jam

This publication from the Texas Municipal League provides answers to frequently asked questions about the 2021 "unlicensed carry" law.

What You NEED to Know About Texas Constitutional Carry

This article from Texas Law Shield, a private legal defense company, provides information on the new 2021 law that removed the requirement to have a license to carry a handgun in Texas.

Cover ArtTexas constitutional carry guide [electronic resource]

Created to help demystify recent changes in Texas law around constitutional carry, this publication from U.S. Law Shield helps gun owners figure out the basics of Texas and federal laws that govern carrying firearms in Texas.

Where can you carry a gun?

Generally speaking, people in Texas can carry guns wherever guns are not prohibited. Some places are always off-limits. At other types of places, the property owner or the person in control of the property can choose whether to allow guns.

Places Guns Are Always Prohibited

Texas law makes some places always off-limits to firearms (both handguns and long guns). The law was amended in 2021 to remove the requirement to have a license to carry in order to carry a handgun. The amendment also consolidated the list of places where firearms are prohibited.

Texas Laws

Section 46.03 of the Texas Penal Code

This section, "Places Weapons Prohibited," provides a list of places where the carry of firearms may not be allowed.

Section 46.035 of the Texas Penal Code

This section discusses several situations and places in which the carry of a handgun by a license-holder may be prohibited. It also mentions the requirement to carry a handgun in a holster. Note: In 2021, HB 1927 repealed this statute and moved the content to other sections of the Penal Code. However, three other new laws in 2021 added language to this section. Some of that language may be effective in certain situations.

Understanding the Law

Local Governments and Firearms: Avoiding a Jam [PDF] See Page 6 of this publication for an answer to the FAQ: "In what places is a person prohibited by state law from carrying a firearm?" Provided by the Texas Municipal League.

Texas Gun Laws on Open and Concealed Carry

This article discusses the carry of firearms in Texas. It provides a list of convictions that disqualify a person from having a firearm and a list of places where firearms are banned. The article is provided by Nolo, a legal publisher.

Places Guns Might Be Prohibited

Private Property

Texas law gives most private property owners the power to choose whether they want to allow guns on their property or not. If property owners want to ban guns, they generally need to let people know by posting specific signs or by giving people notice another way. Certain businesses and other places that are considered "prohibited places" for firearms under Penal Code Sec. 46.03 have different rules for giving notice that guns are not allowed (for example, hospitals, racetracks, and amusement parks). See the pages of this guide on Businesses & Private Property and Religious Property for more information about how private property owners can prohibit guns.

Schools and College Campuses

There are restrictions on carrying firearms at schools and college campuses. HB 1927, which removed the requirement to have a license to carry a handgun, did not eliminate these restrictions. See our page on schools and college campuses for more information.

Vehicles

See our page on Vehicles & Traveling for more information about carrying firearms in cars, boats, and other vehicles.

How can you carry a gun?

Handguns

People in Texas must carry a handgun in a holster. The holster does not have to be a shoulder or belt holster. Before the law changed in 2021, people in Texas needed to have a license to carry a handgun and they needed to keep their handgun in a shoulder or belt holster. Section 46.02 of the Texas Penal Code requires a handgun to be carried in a holster, but it does not provide a definition of the word "holster."

Texas Laws

Section 46.02 of the Texas Penal Code This section sets the age limit for carrying a handgun, lists which convictions disqualify someone from carrying a handgun, and lists other limitations. It sets out the requirement that handguns must be carried in a holster. It also discusses how handguns can be carried in certain motor vehicles and watercrafts. Section 46.035 of the Texas Penal Code This section discusses several situations and places in which the carry of a handgun by a license-holder may be prohibited. It also mentions the requirement to carry a handgun in a holster. Note: In 2021, HB 1927 repealed this statute and moved the content to other sections of the Penal Code. However, three other new laws in 2021 added language to this section. Some of that language may be effective in certain situations.

Understanding the Law

As this article from legal publisher Nolo explains, even with the 2021 changes in effect,

[...] it is still a crime in Texas to display a handgun on purpose in a public place, in another person's plain view, unless the gun is holstered.

Texas Gun Laws on Open and Concealed Carry This article discusses the carry of firearms in Texas. It provides a list of convictions that disqualify a person from having a firearm and a list of places where firearms are banned. The article is provided by Nolo, a legal publisher.

Long Guns

Texas law does not specifically say how you can carry a long gun such as a rifle or shotgun. However, some people are prohibited from owning or possessing any firearm by law. See the Owning and Possessing section of this research guide for more information.

Disorderly Conduct

Texas's "disorderly conduct" law also regulates how people can carry a firearm. Section 42.01 of the Texas Penal Code says:

(a) A person commits an offense if he intentionally or knowingly: [...] (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Section 42.01 of the Texas Penal Code

This section, "Disorderly Conduct," outlines the criminal offense of discharging or displaying a firearm in certain situations.