New Gun Laws in Texas: Permitless Carry, Age Limits, and Signs

Texas gun laws let most adults 21 and older carry a handgun openly or concealed without a permit, but the state still bars certain people from possessing firearms, prohibits carry in a long list of places, and enforces rules on holsters, intoxication, and firearm storage that catch gun owners off guard. Federal law also continues to apply, and in one important respect it treats permitless carriers differently from license holders.

Permitless Carry and the Holster Rule

The Firearm Carry Act of 2021 (House Bill 1927) removed the requirement for a state-issued license to carry a handgun in public. If you are at least 21 and not otherwise prohibited from possessing a firearm, you can carry openly or concealed without applying for a permit or completing a training course.1Texas Legislature Online. Texas House Bill 1927 – Firearm Carry Act of 2021

The handgun must be in a holster. Texas Penal Code Section 46.02 treats an unholstered handgun displayed in public as unlawful carrying, even when the person carrying is otherwise eligible for permitless carry.2State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons This applies whether the handgun is on your person or visible inside a vehicle you control.

Unlawful carry is a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $4,000. With certain prior convictions, the charge escalates to a third-degree felony carrying two to ten years in prison and a fine of up to $10,000.3State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment

Who Cannot Carry

Permitless carry does not extend to everyone over 21. Several categories of people are prohibited from possessing a firearm outright, and others face temporary disqualifications.

Felony and Family Violence Convictions

Anyone convicted of a felony cannot possess a firearm for at least five years after release from confinement or community supervision, whichever comes later. After that five-year window, a convicted felon may possess a firearm only at the premises where they live. Misdemeanor family violence convictions under Sections 22.01, 22.011, or 22.07 of the Penal Code trigger the same five-year ban.4State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm

Recent Misdemeanor Convictions

Even without a felony record, a conviction within the past five years for any of the following offenses disqualifies you from carrying:

  • Assault causing bodily injury (Section 22.01(a)(1))
  • Deadly conduct (Section 22.05)
  • Terroristic threat (Section 22.07)
  • Discharging a firearm in public (Section 42.01(a)(7))
  • Displaying a firearm to alarm others (Section 42.01(a)(8))

These five-year lookback disqualifications are written into Section 46.02 and apply regardless of whether you hold a license.2State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons

Protective Orders, Mental Illness, and Intoxication

People formally adjudicated as having a mental illness and people subject to an active protective order are prohibited from carrying. Carrying a handgun while intoxicated is also a Class A misdemeanor under Section 46.02. Texas does not set a specific blood-alcohol threshold when you are carrying on foot; intoxication means not having the normal use of your mental or physical faculties because of alcohol or drugs. A conviction on this charge can result in revocation of an LTC.

Age Eligibility for 18-to-20-Year-Olds

The Penal Code sets the minimum age for permitless carry at 21, but a federal court order has opened a path for younger adults. In Firearms Policy Coalition Inc. v. McCraw, a federal district judge ruled that prohibiting 18-to-20-year-olds from carrying handguns for self-defense violated the Second Amendment and ordered Texas to accept their applications for a License to Carry.5U.S. Government Publishing Office. Firearms Policy Coalition Inc. v. McCraw – Opinion and Order

The Texas Department of Public Safety now accepts LTC applications from this age group in compliance with the injunction. The statutory text still reads “21 years of age,” but the court order overrides that language in practice. If you are 18 to 20, obtaining the LTC before carrying is the safest course, because the injunction addressed the licensing process rather than creating a standalone right to permitless carry for younger adults.

Where Firearms Are Prohibited

Some locations are off-limits under state law regardless of your carry status or what signs are posted:

  • Polling places during early voting or on election day6Texas Secretary of State. Election Advisory No. 2024-06
  • Government courtrooms and offices used by the court
  • Bars and restaurants that get 51% or more of their income from on-premises alcohol sales, marked by a red “51%” sign from the Texas Alcoholic Beverage Commission at each entrance. Carrying past that sign is a felony, and not knowing about the 51% threshold is not a recognized defense.
  • Hospitals and nursing homes that post required notice at their entrances
  • Amusement parks meeting the statutory definition (permanent facility over 75 acres in a county with more than one million residents, open more than 120 days per year, with controlled entries and on-site security)
  • Professional and school sporting events, unless you are a participant and the firearm is part of the event

Violating the prohibition in high-security locations like courtrooms or polling places can be charged as a third-degree felony, carrying two to ten years in prison and up to a $10,000 fine.3State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment

Schools are prohibited premises for firearms inside the building, but Texas law generally does not let school districts ban employees and visitors from storing a lawfully possessed firearm or ammunition in a locked, privately owned vehicle parked on school property. That protection covers the parking lot, not the building.

The Three Types of “No Guns” Signs

Property owners can bar firearms from their premises, and the type of sign they post determines what type of carry is being prohibited:

A business wanting to bar all firearms from all carriers must post all three. Many businesses do not realize this, and many gun owners assume any “no guns” sign has legal force when it may not meet the statutory requirements. Ignoring a properly posted sign is criminal trespass.

The Federal School Zone Problem

The federal Gun-Free School Zones Act (18 U.S.C. ยง 922(q)) makes it a federal crime to possess a firearm within 1,000 feet of a school. One key exception applies when the person possesses a license issued by the state where the school zone sits.9Texas State Law Library. Schools and Colleges – Gun Laws

A permitless carrier has no state-issued license to invoke that exception. Walking past a school while carrying a handgun could technically expose you to federal prosecution, even though your carry is legal under Texas law. Federal enforcement of this provision is uncommon, but the legal risk is real, and it is one of the strongest practical reasons to obtain a Texas LTC even though the state no longer requires one.

Self-Defense and the Castle Doctrine

Texas does not require you to retreat before using force in self-defense, including deadly force. Under Penal Code Section 9.32, you are justified in using deadly force if you reasonably believe it is immediately necessary to protect yourself against another person’s use or attempted use of unlawful deadly force, or to prevent an imminent kidnapping, murder, sexual assault, robbery, or aggravated version of those offenses.10State of Texas. Texas Penal Code 9.32 – Deadly Force in Defense of Person

The Castle Doctrine adds a presumption. If someone unlawfully and forcibly enters your home, vehicle, or workplace, your belief that deadly force was necessary is presumed reasonable. You do not have to prove the intruder had a weapon or made a specific threat. The presumption applies only if you did not provoke the confrontation and were not engaged in criminal activity beyond a minor traffic violation at the time.

The no-retreat rule extends outside the home. If you have a right to be where you are, did not provoke the other person, and are not committing a crime, a jury cannot consider whether you could have retreated instead of using force. This “stand your ground” protection applies in public spaces as well as private property.

Firearms Around Children

Penal Code Section 46.13 creates criminal liability for gun owners who fail to secure firearms around children under 17. If a child gains access to a loaded firearm because you failed to secure it or left it where you knew or should have known the child could reach it, you commit a Class C misdemeanor. If the child then discharges the firearm and causes death or serious bodily injury, the charge escalates to a Class A misdemeanor with penalties of up to a year in jail and a $4,000 fine.11State of Texas. Texas Penal Code 46.13 – Making a Firearm Accessible to a Child

An unusual feature of this statute: when the injured child is a family member, law enforcement cannot arrest the gun owner until at least seven days after the incident. The law is narrower than many assume. It applies only to “readily dischargeable” firearms, meaning the gun must have been loaded. An unloaded firearm stored separately from ammunition would not trigger the offense.

Why an LTC Still Matters

Even though Texas no longer requires a license, keeping an LTC comes with real advantages. A valid Texas LTC can substitute for the federal NICS background check when buying a firearm from a dealer, which often speeds up the transaction.12Texas Department of Public Safety. LTC Benefits The license serves as a pre-verified credential that tells the dealer your background check is current, eliminating delays or holds at the point of sale.13Texas Department of Public Safety. DPS Launches Initiative for Federal Firearms Licensees to Verify Validity of LTC Permits

For interstate travel, the LTC is essentially required. Texas permitless carry has no effect once you cross a state line. Roughly 37 states have formal reciprocity agreements recognizing a Texas LTC, and about 44 states honor the license in some form. Without one, you would need to research and comply with the firearm laws of every state you enter, many of which still require a permit for concealed carry. The LTC also provides the federal school zone exception, which by itself is reason enough for many Texans to keep theirs active.

Sanctuary Status and Federal Enforcement

House Bill 2622 declared Texas a Second Amendment Sanctuary State. The law prohibits state agencies, local governments, and their employees from spending money or personnel to enforce federal firearms regulations that have no parallel under Texas law, and political subdivisions that cooperate with such federal enforcement risk losing state funding.14Texas Legislature Online. Texas House Bill 2622 – Second Amendment Sanctuary State Act15Office of the Texas Governor. Governor Abbott Signs Second Amendment Legislation Into Law

The sanctuary law does not shield gun owners from federal prosecution. House Bill 957 attempted to exempt firearm suppressors manufactured and kept within Texas from the National Firearms Act, which normally requires a $200 tax stamp and a lengthy registration process.16Texas Legislature Online. Texas House Bill 957 – Relating to Local, State, and Federal Regulation of Firearm Suppressors In practice, the ATF has continued enforcing the National Firearms Act regardless of HB 957, and federal courts have generally upheld Congress’s authority over firearms. Individuals who manufactured or possessed unregistered suppressors in reliance on the state law have faced federal charges. Treating HB 957 as permission to skip NFA compliance remains a serious legal risk whatever the Texas statute says on paper.