Open Carry Laws In Texas: What You Need To Know

can i open carry laws in texas

Texas gun laws have changed over the years, with the most recent changes taking place in 2021. As of 2021, Texans can carry a handgun in a public place without a license to carry (LTC). Texans can still apply for an LTC, as it may carry additional benefits. Texas law permits open carry of handguns by certain security officers, most people while on their own premises or premises under their control, and people who are engaging in lawful hunting or sporting activities, among others. Texas law also permits the open carry of long guns, such as rifles and shotguns, without a license, as long as they are not displayed in a way that is calculated to alarm others.

Characteristics Values
License to carry (LTC) required Not required since 2021
Reciprocity agreements with other states Yes, with 31 states
Open carry allowed Yes
Open carry without a permit allowed Yes, if holstered and the owner is at least 21 years old
Type of holster Shoulder or belt holster
Carrying in vehicles Allowed if the vehicle is under the carrier's control
Carrying in educational institutions Allowed on college campuses, not in public schools
Carrying in worship centers Not allowed
Carrying in amusement parks Not allowed
Carrying in governmental meetings Not allowed

lawshun

No license required to carry a handgun

Texas law has, since 2021, no longer required people to have a license to carry (LTC) in order to carry a handgun in most public places. Texans can still get an LTC if they wish.

The law was amended in 2021 to remove the requirement to have an LTC to carry a handgun. The amendment also consolidated the list of places where firearms are prohibited.

The HB 1927 bill, enacted in 2021, repealed the requirement to have an LTC and moved the content to other sections of the Penal Code. The bill also removed language that previously required holstered weapons to be carried in a shoulder or belt holster only.

There are still some places where handguns are always off-limits. These include schools and college campuses, hospitals, racetracks, and amusement parks. At other types of places, the property owner or the person in control of the property can choose whether to allow guns.

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.

The Law vs Constitution: Which Rules?

You may want to see also

lawshun

Restrictions on carrying firearms

Texas law sets the age requirement to carry a gun at 21 years. However, in a 2022 federal court case, Firearms Policy Coalition, Inc. et. al., v. Steven McCraw, et. al., the court ruled that 18-to-20-year-olds may not be prosecuted based solely on their age. As a result, the Texas Department of Public Safety (DPS) will now issue a Texas LTC to anyone that is at least 18 years old.

Texas law does not restrict the carrying of long guns, such as rifles or shotguns, other than general gun prohibitions for specific individuals and places. However, Texas law prohibits the display of firearms in a public place in a "manner calculated to alarm".

Texas law prohibits the carrying of handguns in certain places, including hospitals, racetracks, and amusement parks. Additionally, handguns are prohibited at schools and college campuses, and at businesses that earn more than half of their income from on-site alcohol sales.

Texas law also lists specific convictions that disqualify a person from owning or carrying a firearm, such as felony convictions and certain types of violent crimes.

lawshun

Who is prohibited from carrying a firearm

Texas has some of the most relaxed gun laws in the United States. Since 2021, Texas has allowed permitless carry, meaning any person 21 years of age or older who can legally possess a firearm may carry a concealed firearm on their person without a license or permit. Texas law sets the age requirement to carry a gun at 21 years of age, although a 2022 federal court case ruled that 18-to-20-year-olds may not be prosecuted for carrying a gun based solely on their age. As a result, the Texas Department of Public Safety will now issue a Texas LTC to anyone that is at least 18 years old.

However, there are still some restrictions on who can carry a firearm in Texas. Some people are prohibited from owning or possessing any firearm by law. This includes individuals with certain criminal backgrounds or mental health issues. For example, Texas law prohibits carrying a firearm on the premises of a school or postsecondary educational institution, or in a passenger transportation vehicle of such an institution. Carrying a firearm within 1,000 feet of the premises of a business that sells alcohol is also prohibited. Carrying a firearm on the premises of a correctional facility is prohibited for those with licenses. Carrying a firearm on the premises of a racetrack, hospital, or amusement park is also prohibited.

Additionally, displaying a firearm in a manner "calculated to cause alarm" is considered "disorderly conduct" and is a criminal offense. Texas law also prohibits the possession of a firearm by convicted felons, although a convicted felon may possess a firearm in their residence once five years have elapsed since their release from prison or parole.

Finally, while Texas law does not specifically address the carrying of long guns such as rifles or shotguns, it is important to note that federal law prohibits the possession of firearms by certain individuals, including those who have been adjudicated as mentally defective or committed to a mental institution.

How Government Intervenes in Common Law

You may want to see also

lawshun

Carrying firearms in vehicles

Texas law allows individuals to carry handguns in their motor vehicles or in a motor vehicle "under the person's control". The individual must be legally permitted to carry a handgun under both state and federal law. Texas law also requires that handguns be carried in a holster. If an unholstered handgun is in plain view, individuals who are "travelling" are exempt from this prohibition. However, if an individual is under 21 years of age and does not have a license to carry a handgun, the handgun must not be in plain view.

Texas law does not restrict the transportation of long guns, such as rifles or shotguns, in motor vehicles or watercraft. However, Texas law prohibits people from displaying a firearm in a public place in a "manner calculated to alarm".

There are certain places where firearms are banned, including schools, college campuses, hospitals, nursing facilities, mental hospitals, correctional facilities, racetracks, and amusement parks. Additionally, private property owners can choose whether to allow guns on their property. If property owners want to ban guns, they must post specific signs or give notice in another way.

It is important to note that Texas law has changed over time, and it is recommended to refer to the Texas State Law Library for the most up-to-date information on gun laws in the state.

Law Students: Working in the First Year

You may want to see also

lawshun

Concealed carry laws

Texas has some of the most lenient gun laws in the United States. Since 2021, Texans have been able to carry a handgun in a public place without a license to carry (LTC). This means that anyone over the age of 21 who can legally possess a firearm may carry a concealed firearm without a license or permit. Texas LTCs are issued to both residents and non-residents who are at least 21 years of age (18 if a member or veteran of the U.S. military).

Despite this, Texas law does set out some restrictions on carrying a concealed firearm. For example, handguns must be carried in a holster, and individuals in motor vehicles and boats are prohibited from carrying unholstered handguns in plain view, although individuals who are “travelling” are exempt from this rule.

There are also certain places where firearms are banned. Texas law makes some places always off-limits to firearms (both handguns and long guns), including K-12 schools, correctional facilities, hospitals, racetracks, and amusement parks. In some cases, firearms are prohibited regardless of whether a person has an LTC; in other cases, people with an LTC may generally carry a concealed or holstered handgun, but people without an LTC may not.

Texas law also prohibits people from displaying a firearm in a public place in a 'manner calculated to alarm'.

Frequently asked questions

As of 2021, Texas law no longer requires people to have a license to carry (LTC) to carry a handgun in most public places. Texans can still get an LTC if they wish, as it may carry additional benefits.

No, Texas law does not specifically put restrictions on who can carry a long gun such as a rifle or shotgun.

You must be 21 or older, have no prior felony convictions, and carry the gun in a shoulder or belt holster.

Places where firearms are prohibited in Texas include schools, correctional facilities, hospitals, nursing facilities, and places of worship (unless allowed by those places).

Firearms must be concealed when carrying on campus, which means they must be hidden in a holster, tucked in a backpack, or in a purse. Institutions of higher learning do not allow open carry.

Written by
Reviewed by

Explore related products

Share this post
Print
Did this article help you?

Leave a comment