Gavin Howe
Texas has some of the most relaxed gun laws in the United States. Since 1 September 2021, Texans have been able to carry a firearm either openly or concealed without a license or permit, as long as they are over 21 and are legally allowed to possess a firearm. However, Texans can still apply for a license, which may be required to carry a gun in certain locations in Texas or when visiting other states.
| Characteristics | Values |
|---|---|
| License to carry (LTC) required | Not required in most public places since 2021 |
| LTC advantages | Easier to buy new guns, bypass background checks, and carry in certain locations |
| LTC eligibility | 21+ years old (18+ for US military members or veterans) |
| LTC requirements | 4-6 hour training course, written exam, shooting proficiency demonstration |
| LTC issuance | Issued by the Texas Department of Public Safety |
| Off-limits locations | Schools, colleges, correctional facilities, hospitals, racetracks, airports |
| Displaying firearms | Illegal to display in public unless holstered |
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What You'll Learn
Texas permitless carry law
To be eligible for permitless carry in Texas, individuals must be at least 21 years old, although 18-20-year-olds are allowed to carry a handgun outside the home. Additionally, they must not be restricted from possessing a firearm under federal law, have no felony convictions, and have no recent convictions for certain types of misdemeanors.
It is important to note that Texas law still sets certain restrictions on carrying a firearm. For example, firearms must be carried in a holster and are prohibited in certain places, such as schools, polling places, airports, and amusement parks. Furthermore, businesses and private property owners can choose to prohibit or allow the carrying of firearms on their premises.
While Texas has removed the requirement for a license to carry a handgun, individuals seeking to obtain an LTC can do so by meeting the eligibility requirements, including being at least 18 years old, having no felony convictions, and completing a handgun proficiency course. The LTC process involves a four- to six-hour training course, a written exam, and a shooting proficiency demonstration.
In conclusion, the Texas permitless carry law allows eligible individuals to carry a handgun in public without an LTC, but it is important to be aware of the specific restrictions and requirements that apply to carrying a firearm in the state.
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Carrying a firearm while committing disorderly conduct
Texas is a "shall-issue" state, meaning that concealed weapons licenses are issued at the state level by the Department of Public Safety. Since 1 September 2021, Texas law no longer requires people to have a license to carry (LTC) or permit in order to carry a handgun in most public places. This applies to both open carry in a holster and concealed carry, where no part of the firearm is visible.
However, Texas's "disorderly conduct" law also regulates how people can carry a firearm. Disorderly conduct crimes in Texas cover a broad range of offensive acts that tend to disturb the peace or alarm, annoy, or frighten others. Under Texas's disorderly conduct law, it is an offence to:
- Use abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
- Make an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
- Create, by chemical means, a noxious and unreasonable odour in a public place;
- Abuse or threaten a person in a public place in an obviously offensive manner;
- Make unreasonable noise in a public place other than a sport shooting range, or in or near a private residence that the person has no right to occupy;
- Discharge a firearm in a public place other than a public road or a sport shooting range; or
- Display a firearm or other deadly weapon in a public place in a manner calculated to alarm.
There are several defences to disorderly conduct charges. For example, provocation is a defence to charges of abusive or threatening conduct. Additionally, reasonable fear of bodily harm by a wild animal is a defence to charges for discharging a firearm in public.
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Carrying a firearm in off-limits areas
Texas law allows people to carry guns in most places where they are not prohibited. Some places are always off-limits, while other types of places allow the property owner or person in control of the property to decide whether to permit guns.
Some of the off-limits areas for carrying firearms include:
- Racetracks
- Correctional facilities
- Civil commitment facilities
- Hospitals
- Nursing facilities
- Mental hospitals
- Secure areas of airports
- Schools and colleges (different rules may apply for licensed and unlicensed carry)
Additionally, displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm is considered "disorderly conduct" and is a criminal offense in Texas.
It is also important to note that Texas has permitless carry, meaning any person 21 years of age or older (or 18 if a member or veteran of the U.S. military) who can legally possess a firearm may carry a concealed firearm without a license or permit. However, Texans can still obtain a license to carry, and having a license may provide access to certain places where unlicensed people cannot carry firearms.
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Carrying a firearm without a license or permit
Texas law no longer requires people to have a license to carry (LTC) or permit to carry a handgun in most public places. This law came into effect on September 1, 2021, and applies to anyone over the age of 21 who may lawfully possess a handgun. Texans can still apply for an LTC, as it may carry additional benefits, such as allowing the licensee to carry in states that have reciprocity agreements with Texas.
To carry a handgun in public in Texas without an LTC, a person must not be restricted from possessing a firearm under federal law, have a felony conviction, or have a recent conviction for certain types of misdemeanors. Texans with a handgun license may be able to take their guns to some places where unlicensed people cannot, such as near schools and colleges.
It is important to note that Texas law gives most private property owners the power to choose whether they want to allow guns on their property or not. There are also some places that are always off-limits to firearms, such as schools, polling places, secure areas of airports, and amusement parks.
Additionally, Texas law specifies that openly carried handguns must be kept in a holster, and it is an offense to display a firearm in a public place in a manner calculated to alarm.
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Carrying a firearm as a law enforcement officer
Texas is a
Law enforcement officers (LEOs) and retired LEOs (RLEOs) may choose to carry under the Law Enforcement Officers Safety Act (LEOSA), often referred to as HR 218. Under 18 U.S. Code §§ 926B & 926C, qualified LEOs and qualified retired LEOs, or those separated from service in good standing, can carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. LEOs and RLEOs carrying under LEOSA are exempt from requiring a Texas LTC. Per Texas Gov’t Code §411.199, qualified RLEOs may obtain a sworn statement from the head of the law enforcement agency employing the applicant.
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Frequently asked questions
No, since 1 September 2021, Texas law no longer requires people to have a license to carry (LTC) to carry a concealed or holstered handgun in most public spaces. However, Texans can still obtain an LTC if they wish.
Yes, you must be at least 21 years old to carry a concealed weapon in Texas. However, United States District Judge Mark T. Pittman ruled that 18 to 20-year-olds must be allowed to carry a handgun outside the home in Texas.
Yes, Texas law makes some places always off-limits to firearms, such as K-12 schools and certain colleges and universities. Additionally, some private property owners can choose to prohibit firearms on their premises.
