Is Texas a Constitutional Carry State? Rules, Ages, and Limits

Yes, Texas is a constitutional carry state. Since House Bill 1927 took effect on September 1, 2021, most Texans aged 21 and older can carry a handgun in public without a License to Carry, provided they meet the eligibility rules and follow the state’s restrictions on how and where the handgun is carried.¹ Permitless carry is not unrestricted carry. The law still bars firearms from many locations, requires a holster when the gun is visible, and keeps certain people from carrying at all.

Who Can Carry Without a License

Under Texas Penal Code Section 46.02, you can carry a handgun in public without a license if you are at least 21 and are not otherwise disqualified.² You are disqualified if any of the following apply:

You have a felony conviction. Firearm possession is prohibited; some rights are partially restored five years after release from confinement or supervision, limited to possession in your own home.³
You have been convicted in the past five years of a violent misdemeanor such as assault causing bodily injury, deadly conduct, or terroristic threat.²
You have a Class A misdemeanor assault conviction involving a family or household member. That bars firearm rights for five years after release.³
You are subject to a court protective order related to family violence or stalking.³
You are a member of a criminal street gang.³
You are intoxicated, unless you are on your own property or inside your own vehicle.²

Federal law adds another layer. Under the Gun Control Act, anyone who uses marijuana is federally prohibited from possessing firearms, even where state law permits the use. Marijuana remains a Schedule I controlled substance federally, so the prohibition applies regardless of any state medical or recreational program. Lying about drug use on ATF Form 4473 when buying a firearm is a separate federal felony.

Penalties for Carrying While Disqualified

The consequences depend on why you are disqualified. Carrying while under 21, while intoxicated, or with a recent qualifying misdemeanor is generally a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Carrying after a felony conviction is far more serious. If you are still within five years of release, it is a third-degree felony carrying two to ten years in prison and a fine of up to $10,000. If the underlying felony involved family violence, the charge becomes a second-degree felony with a minimum of five years.²

What About 18 to 20 Year Olds

The statutory age to carry a handgun in Texas is 21, but a 2022 federal ruling complicated that. In Firearms Policy Coalition v. McCraw, a federal judge found that barring law-abiding 18-to-20-year-olds from carrying handguns based solely on age violated the Second Amendment and enjoined the state from enforcing the age restriction against that group.⁴ In practice, prosecutors have generally not pursued otherwise-eligible 18-to-20-year-olds under the age-based rule, though appellate developments could shift that.

Separately, Texas law lets active-duty military members and veterans aged 18 to 20 apply for a License to Carry, provided they were honorably discharged and meet the other eligibility requirements.⁵

Holster Rule

If your handgun is even partially visible, it must be in a holster. The pre-2021 statute required a “shoulder or belt holster.” The current Section 46.02 simply says “holster,” so any device that securely retains the handgun qualifies.⁴ Displaying a handgun in plain view without a holster is a Class A misdemeanor under Section 46.02(a-5).²

The same rule covers vehicles. A handgun in plain view inside your car must be holstered, and you must be at least 21 or licensed. A concealed handgun in a vehicle does not trigger the holster requirement, but deliberately displaying it in a way meant to alarm others can bring a disorderly conduct charge under Section 42.01.²

Where You Still Cannot Carry

Constitutional carry does not override location bans. Texas Penal Code Section 46.03 lists places where possessing a firearm is a third-degree felony punishable by two to ten years in prison and a fine of up to $10,000. These restrictions apply to everyone, licensed or not.⁶ Prohibited locations include:

Public and private K-12 schools and postsecondary institutions, school-sponsored activities, and school transportation. Licensed holders have a narrow concealed-carry exception on college campuses under the campus carry law.
Polling places on election day and during early voting.
Government courts and court offices.
Racetracks.
Secured areas of airports.
Within 1,000 feet of a designated execution site on the day a death sentence is carried out, if you received notice of the restriction.
51% establishments, meaning bars and restaurants that earn more than half their revenue from on-premises alcohol sales. These must post a sign identifying them as such.
Premises where a high school, collegiate, or professional sporting event is taking place.

Federal Buildings

State constitutional carry has no effect on federal law. Under 18 U.S.C. § 930, possessing a firearm in a federal facility is a federal crime carrying up to one year in prison. Federal court facilities carry up to two years. If you bring a firearm into a federal building intending to commit a crime, the maximum rises to five years. Post offices, Social Security offices, VA buildings, and federal courthouses all fall under this prohibition. Federal facilities are required to post notice at every public entrance, though you can still be convicted if you had actual knowledge of the ban without posted signs.⁷

Private Property and Posted Signs

Property owners can ban firearms from their premises, and Texas uses different sign systems depending on whether the carrier is licensed. This is where people trip up.

A 30.05 sign applies to people carrying without a license. Walking past a properly posted 30.05 sign with a firearm is a Class C misdemeanor with a fine of up to $200. It escalates to a Class A misdemeanor only if you receive a direct personal warning to leave and refuse to go.⁸

A 30.06 sign prohibits concealed carry by license holders, and a 30.07 sign prohibits open carry by license holders. The penalty structure mirrors 30.05: a Class C misdemeanor with a $200 fine, escalating to a Class A misdemeanor if you receive personal notice and fail to leave.⁹

Pay attention to which signs are posted. A 30.06 or 30.07 sign by itself does not legally apply to someone carrying without a license, and a 30.05 sign alone does not apply to license holders. A business that wants to bar firearms from everyone has to post all three.

Dealing With Police While Carrying

Texas Government Code Section 411.205 requires license holders to display both their driver’s license and their License to Carry when a peace officer asks for identification.¹⁰ That statute speaks only to license holders. If you carry under constitutional carry without an LTC, Section 411.205 does not put the same disclosure duty on you. You still must identify yourself when lawfully detained, but you are not required to volunteer that you are armed.

Telling the officer anyway is almost always the smart move. Under Texas Code of Criminal Procedure Article 14.03(h), an officer may temporarily disarm you during a lawful stop when they reasonably believe it is necessary for safety, and must return the firearm once the encounter ends if no arrest is made. Cooperation keeps the stop short.

Reasons to Still Get a License to Carry

Constitutional carry made the LTC optional for carrying inside Texas. The license still offers practical advantages.¹¹

Reciprocity with other states. The Texas LTC is honored in roughly 35 states. Constitutional carry gives you nothing the moment you cross into a state that requires a permit.
Campus carry. Concealed carry on public university and college campuses still requires a license.
Faster firearm purchases. The LTC can substitute for the federal NICS background check when buying from a licensed dealer, provided it was issued within the last five years after a qualifying background check.¹²
Valid identification. The LTC must be accepted by most businesses as valid ID and qualifies as an acceptable voter identification document.
Government meetings. License holders can carry in government meetings where unlicensed carriers cannot.

The license costs $40 and is valid for five years. Applicants must complete a training course with a licensed Texas handgun instructor, pass a written exam, and demonstrate range proficiency.¹¹ For anyone new to handguns, the training alone is worth the fee. Constitutional carry removed the legal requirement to train before carrying. It did not change the fact that safe handling is a learned skill.

1
Texas Legislature Online. HB 1927 – Firearm Carry Act of 2021
2
State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons
3
State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
4
Texas State Law Library. Carry of Firearms – Gun Laws
5
Texas Public Law. Texas Government Code 411.172 – Eligibility
6
State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
7
Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
8
State of Texas. Texas Penal Code 30.05 – Criminal Trespass
9
State of Texas. Texas Penal Code 30.06 – Trespass by License Holder With a Concealed Handgun
10
State of Texas. Texas Government Code 411.205 – Requirement to Display License
11
Texas Department of Public Safety. LTC Benefits
12
Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart