Cameron Miranda
Texas has some of the most permissive firearm laws in the United States, with open or concealed carry allowed in many locations. However, there are some limitations on carrying firearms in certain places, including bars. Texas law limits the carrying of firearms in any place that primarily sells alcohol, including bars and restaurants. This is known as the 51 percent rule, where an establishment is considered a bar if it makes 51% of its income from alcohol sales. Law enforcement officers (LEO) and retired LEOs (RLEO) are exempt from requiring a Texas License to Carry (LTC) and can carry a concealed firearm in any jurisdiction in the US under the Law Enforcement Officers Safety Act (LEOSA).
| Characteristics | Values |
|---|---|
| Law enforcement officers (LEOs) and retired LEOs (RLEOs) | Can carry a concealed firearm in any jurisdiction in the United States, including Texas, under the Law Enforcement Officers Safety Act (LEOSA) |
| LEOs and RLEOs carrying under LEOSA | Exempt from requiring a Texas License to Carry |
| Qualified RLEOs | May obtain a sworn statement from the head of the law enforcement agency employing the applicant |
| The head of a law enforcement agency | May not refuse to issue a statement under this subsection |
| LEOs who may apply for a license under LEOSA | Peace officers employed by a law enforcement agency, members of the Texas military forces (excluding Texas State Guard members serving in the Texas Legislature), reserve law enforcement officers with at least 15 years with one or more state or local law enforcement agencies, United States attorneys, assistant United States attorneys, and attorneys elected or employed to represent the state in the prosecution of felony cases |
| Texas LTCs | 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) |
| LTC requirements | A four- to six-hour training course, a written exam, and a shooting proficiency demonstration |
| Off-limits areas for LTC holders | Correctional facilities, civil commitment facilities, hospitals, nursing facilities, mental hospitals, racetracks, secure areas of airports, high school, college, interscholastic, or professional sporting events (unless the participant involves the use of the weapon) |
| Off-limits areas for firearms | Any place that primarily sells alcohol, including bars and restaurants that serve alcohol |
| Texas Penal Code Section 46.035 | Prohibits the carrying and use of a handgun while intoxicated |
| Texas Penal Code Section 49.01 | Defines "intoxicated" as having diminished mental or physical faculties due to alcohol consumption or the use of any controlled substance |
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What You'll Learn
- Texas law prohibits firearms in bars and restaurants that primarily sell alcohol
- The 51% rule: when an establishment earns more than half its revenue from alcohol sales
- Law enforcement can carry under the Law Enforcement Officers Safety Act (LEOSA)
- Texas LTCs are issued to residents and non-residents over 21 (18 for military)
- Texas gun laws: no license required to carry a handgun in most public places
Texas law prohibits firearms in bars and restaurants that primarily sell alcohol
Texas has some of the most permissive firearm laws in the United States. Generally, Texas law allows people to carry guns in public places where they are not prohibited. However, Texas law prohibits firearms in bars and restaurants that primarily sell alcohol. This restriction applies to both open carry and concealed carry.
According to the Texas State Law Library, Texas law limits the carrying of firearms in any place that primarily sells alcohol. This includes bars and restaurants with a liquor license. The Texas Alcoholic Beverage Commission considers an establishment a "bar" if it makes 51% or more of its revenue from alcoholic beverages. To indicate this, bars and restaurants in Texas display "51 percent" signs with large red letters.
There are some exceptions to the prohibition of firearms in bars and restaurants that primarily sell alcohol. For example, law enforcement officers (LEOs) and retired LEOs (RLEOs) may carry concealed firearms in any jurisdiction in the United States, including Texas, under the Law Enforcement Officers Safety Act (LEOSA). Texas LTCs are also issued to both residents and non-residents who are at least 18 years of age (if a member or veteran of the U.S. military) or 21 years of age otherwise. Additionally, Texas law no longer requires a license to carry (LTC) to carry a handgun in most public places, and there is no longer a requirement to carry handguns in a "shoulder or belt holster."
It is important to note that Texas law also prohibits the carrying and use of a handgun while intoxicated. Texas law defines "intoxicated" as having diminished mental or physical faculties due to alcohol consumption or the use of any controlled substance. As such, it is essential for individuals carrying firearms in Texas to learn how to do so safely and follow all applicable laws.
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The 51% rule: when an establishment earns more than half its revenue from alcohol sales
Texas has some of the most permissive firearm laws in the United States. Texans can carry guns in public places where they are not prohibited. In 2021, the law was amended to remove the requirement to have a license to carry (LTC) in order to carry a handgun. However, there are still some places where firearms are always off-limits, and the Texas Alcoholic Beverage Commission has clear rules about carrying firearms in bars.
The 51% rule refers to an establishment that earns more than half of its revenue from alcohol sales and consumption. The Texas Alcoholic Beverage Commission considers an establishment a "bar" if it makes 51% or more of its income from alcoholic beverages. This rule helps to differentiate between a bar and a restaurant that sells alcohol. If a business's gross alcohol sales are 51% or higher, then customers are not allowed to enter the premises. However, these businesses can still operate via drive-thru, pickup, or delivery services if they hold the appropriate permits.
The 51% rule also applies to carrying firearms. If an establishment is considered a "51% place of business," it is illegal to carry a firearm on the premises. This includes LTC holders, who may face legal consequences such as fines of up to $10,000 and up to 10 years in prison if they carry a firearm into a "51% location." To help customers and visitors identify these places, bars and restaurants in Texas are required to display "51 percent" signs with large red letters. If a 51% location does not have this sign properly posted, it may be a defense to prosecution for LTC holders.
It is important to note that the 51% rule only applies if the establishment derives more than half of its revenue from alcohol sales. If a restaurant has a small bar area that brings in less than 50% of its revenue, it is not considered a "51% establishment," and carrying a firearm would be legal. While Texas allows for open or concealed carry in many locations, it is essential for firearm owners to learn how to do so safely and follow all applicable laws.
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Law enforcement can carry under the Law Enforcement Officers Safety Act (LEOSA)
Texas has permissive firearm laws, allowing Texans to carry guns in many locations, including places that serve alcohol. However, there are restrictions on carrying firearms in bars in Texas. Texas law limits the carrying of firearms in any place that primarily sells alcohol, including bars and restaurants. This is known as the 51 Percent Rule, where an establishment is considered a “bar” if it makes 51% of its revenue from alcoholic beverage sales. Establishments displaying "51 Percent" signs in large red letters indicate that firearms are not permitted.
While Texas law gives private property owners the power to choose whether to allow guns on their property, there are places that are always off-limits for firearms, such as hospitals, racetracks, and amusement parks. Texas Penal Code Section 46.035 prohibits the carrying and use of a handgun while intoxicated, with Section 49.01 defining "intoxicated" as having diminished mental or physical faculties due to alcohol or controlled substance use.
The Law Enforcement Officers Safety Act (LEOSA) allows qualified active, retired, or separated law enforcement officers to carry concealed firearms in any jurisdiction in the US or its territories, regardless of state or local laws. "Qualified law enforcement officers" are defined as current or retired governmental agency employees authorized to carry firearms, meeting specific standards, and not under the influence of any intoxicating substances.
LEOSA does have off-limits areas that must be understood to avoid unknowingly violating the law. While it does not specify whether bars are included in these off-limits areas, LEOSA's focus on qualified officers not being under the influence of alcohol or other substances aligns with Texas's restrictions on carrying firearms in places that primarily serve alcohol. As such, law enforcement officers carrying firearms under LEOSA would need to adhere to Texas's 51 Percent Rule and other relevant state laws when in bars or restaurants that serve alcohol.
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Texas LTCs are issued to residents and non-residents over 21 (18 for military)
Texas has some of the most permissive firearm laws in the United States. Texas LTCs (License to Carry) are issued to both residents and non-residents over the age of 21. If you are a member or veteran of the U.S. military, you can obtain an LTC at the age of 18.
To obtain an LTC, you must complete a four- to six-hour training course, pass a written exam, and demonstrate shooting proficiency. The LTC allows Texans to carry a firearm in public, either openly or concealed. However, there are some places where firearms are prohibited, including secure areas of airports, racetracks, hospitals, and amusement parks.
Bars and restaurants that derive more than half of their revenue from alcohol sales are also off-limits for carrying firearms under the 51 Percent Rule. These establishments are required to display "51 percent" signs to indicate that firearms are not allowed. It is important to note that Texas law prohibits the carrying and use of a handgun while intoxicated, with intoxication defined as having diminished mental or physical faculties due to alcohol or controlled substance use.
While Texas has permitless carry, allowing anyone over the age of 21 who can legally possess a firearm to carry a concealed weapon without a license, obtaining an LTC provides additional benefits and ensures compliance with the law. It is always important to follow all applicable laws and stay informed about any updates or changes to firearm regulations in Texas.
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Texas gun laws: no license required to carry a handgun in most public places
Texas has some of the most permissive gun laws in the United States. In 2021, Texas law was amended to remove the requirement to have a license to carry (LTC) in order to carry a handgun in most public places. Texans can still obtain an LTC, as it may carry additional benefits and is required to carry a handgun in another state.
The Texas State Law Library cannot help individuals determine whether they are legally allowed to carry or possess a firearm. Texans with queries about their eligibility are advised to consult an attorney.
There are some limitations on carrying handguns in certain places, including bars, and schools and colleges, where different rules apply for unlicensed carry and licensed carry. Texas law also prohibits the carrying and use of a handgun while intoxicated, defining "intoxicated" as having diminished mental or physical faculties due to alcohol consumption or the use of controlled substances.
The state's gun laws give 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 notify people by posting specific signs or by giving notice in another way. Certain businesses and other places are considered "prohibited places" for firearms under Penal Code Sec. 46.03, and have different rules for giving notice that guns are not allowed, including hospitals, racetracks, and amusement parks.
In 2021, HB 1927 repealed the statute that required handguns to be carried in a "shoulder or belt holster", with the new law only using the term "holster". However, three other new laws in 2021 added language to this section, and it is still a crime in Texas to display a handgun on purpose in public, in another person's plain view, unless the gun is holstered.
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Frequently asked questions
Yes, law enforcement officers (LEOs) and retired LEOs (RLEOs) can carry concealed firearms in bars in Texas. This is allowed under the Law Enforcement Officers Safety Act (LEOSA).
No, LEOs and RLEOs can carry any type of firearm, including handguns and long guns, in bars in Texas under LEOSA.
Yes, certain places in Texas are considered "prohibited places" for firearms, including hospitals, racetracks, and amusement parks.
If a LEO is asked to leave a property by a person with authority to do so, they should comply and leave the premises.
