Texas Constitutional Carry: Rules, Locations, and Penalties

Texas constitutional carry lets most adults carry a handgun in public without a license. Under the Firearm Carry Act of 2021 (House Bill 1927), which took effect September 1, 2021, anyone at least 21 years old who can legally possess a firearm may carry openly or concealed with no state permit.¹ The License to Carry didn’t disappear; it just became optional. What did not change is the list of people who can’t carry, the places carry is a felony, the federal rules that sit on top of state law, and the way a business owner can revoke your welcome at the door.

Who Can Carry Without a License

Two conditions have to be true. You must be 21 or older, and you must not be legally prohibited from possessing a firearm. Texas Penal Code Section 46.02 makes carrying a handgun a criminal offense for anyone outside those bounds.²

Certain recent convictions disqualify you even if you meet the age requirement. A conviction within the past five years for assault causing bodily injury, deadly conduct, terroristic threat, or disorderly conduct involving discharging a firearm takes you out of the permitless carry pool.²

Section 46.04 bars firearm possession entirely for a broader group: anyone convicted of a felony, anyone convicted of a Class A misdemeanor family violence offense within the past five years, anyone subject to a protective order, and criminal street gang members carrying in a vehicle. Federal law adds its own prohibited categories, including anyone with a domestic violence misdemeanor conviction in any state, certain mental health adjudications, and a dishonorable military discharge. Carrying while disqualified under 46.04 is a third-degree felony for felons and a Class A misdemeanor for the family-violence and protective-order categories.³

Open Carry, Concealed Carry, and the Holster Rule

Concealed carry has no holster requirement. If the handgun is out of sight, the statute doesn’t tell you how to carry it.

The rule changes the moment the gun becomes visible. Section 46.02(a-5) makes it an offense to intentionally display a handgun in plain view of another person in a public place, but the statute carves out an exception when the handgun is carried in a holster, whether partly or wholly visible.² Open carry is legal, in other words, as long as the gun is holstered. Open carry without a holster is a crime.

The same logic covers vehicles. If a handgun is in plain view inside a car or boat, the person must be 21 or older (or hold an LTC) and the handgun must be in a holster.² The statute is silent on holster style. Belt, shoulder, ankle, and appendix holsters all qualify.

Where You Cannot Carry Under Texas Law

Section 46.03 lists locations where possessing any firearm is a felony offense, license or no license. Most violations are third-degree felonies.⁴ The prohibited places include:

K-12 school grounds, school-sponsored events, and school vehicles
Polling places on election day and during early voting
Government courts and offices used by the court
Racetracks licensed for pari-mutuel wagering
Airport secured areas past the checkpoint
Within 1,000 feet of an execution facility on a scheduled execution day, if you received notice
Businesses that derive 51% or more of their revenue from on-premises alcohol sales
High school, college, or professional sporting events, unless you’re a participant using the firearm in the event
Correctional facilities

The 51% rule is the one that catches people. A restaurant that serves alcohol but earns most of its money from food is fine. A bar that earns most of its money from drinks is a felony to enter armed. Businesses in the 51% category post a red “51%” sign near the entrance.⁴

Universities sit in a separate lane. Concealed carry on a college campus is limited to License to Carry holders, so a permitless carrier cannot bring a handgun onto university grounds at all.⁵

Federal Rules Constitutional Carry Doesn’t Solve

State permission stops at federal facility doors and school perimeters. The federal Gun-Free School Zones Act makes it illegal to possess a firearm within 1,000 feet of any K-12 school, public, private, or parochial. One exception applies to people “licensed to do so by the State in which the school zone is located,” and a permitless carrier holds no such license. A second exception covers firearms that are unloaded and locked in a container or locked firearms rack in a vehicle.⁶ Federal prosecutions of otherwise law-abiding people are uncommon, but the exposure is real for permitless carriers.

Federal facilities are also off-limits. That covers federal courthouses, Social Security offices, IRS offices, VA buildings, and similar locations, with penalties up to a year in prison for basic possession and higher for intended criminal use or federal court facilities.⁷

Post offices deserve a specific mention because people forget the property is federal. No one may carry or store a firearm on U.S. Postal Service property, openly or concealed, except for official purposes, and that ban includes the parking lot.⁸

Carrying While Intoxicated

Section 46.02(a-6) makes it a separate offense to carry a handgun while intoxicated anywhere other than your own property, property you control, or a vehicle you own or have permission to be in.² The intoxication standard is the same one used in DWI cases. A traffic stop that ends in a DWI arrest can produce a separate weapons charge if you’re carrying.

Private Property Signs and What They Mean for You

Property owners can ban firearms, and Texas has three distinct sign statutes. Which one applies depends on who’s carrying.

Section 30.05 covers everyone, including permitless carriers. The sign must reference Section 30.05 and state that entry with a firearm is prohibited, and notice can also be given verbally by the owner or someone with authority to speak for the owner.⁹ Section 30.06 signs prohibit concealed carry by LTC holders; Section 30.07 signs prohibit open carry by LTC holders.¹⁰ The 30.06 and 30.07 signs don’t technically bind a permitless carrier who has no license; the 30.05 sign is the one that does. Many businesses post all three.

The base penalty for entering when only the firearm is the basis for the trespass restriction is a Class C misdemeanor with a maximum $200 fine. If you receive personal notice after entering and refuse to leave, the charge becomes a Class A misdemeanor, which can mean up to a year in county jail and a fine of up to $4,000.⁹ Walking out when asked matters more than noticing a sign on the way in.

Police Encounters

There is no separate statutory duty for permitless carriers to volunteer that they’re armed. Section 411.205, which requires displaying a handgun license along with a driver’s license on request, applies only to LTC holders.¹¹¹² If an officer asks directly whether you’re armed, answering truthfully protects you from obstruction issues and keeps the encounter from escalating. Officers can temporarily disarm you during a stop for safety, and must return the firearm afterward unless you’re placed under arrest.

When Getting a License to Carry Still Makes Sense

The LTC remained on the books after HB 1927, and the Texas Department of Public Safety lists several practical advantages it carries.⁵

Texas has reciprocity agreements with roughly 37 states that recognize the Texas LTC. Permitless carry status within Texas does not travel with you.
A valid LTC issued within the past five years can substitute for the NICS background check when buying a firearm from a licensed dealer.¹³
An LTC satisfies the federal Gun-Free School Zones Act exception for state-licensed individuals.⁶
Concealed campus carry at Texas colleges and universities is limited to LTC holders.⁵
LTC holders have added protection for accidental carry into airport secured areas and access to certain open government meetings and premises closed to permitless carriers.

The application involves a training course, a DPS background check, and a fee. For people who cross state lines, drive past schools regularly, or spend time on university property, the license fills gaps that permitless carry leaves open.

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
State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
5
Texas Department of Public Safety. LTC Benefits
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
8
United States Postal Service. Possession of Firearms and Other Dangerous Weapons on Postal Property Is Prohibited by Law
9
State of Texas. Texas Penal Code 30.05 – Criminal Trespass
10
Texas State Law Library. Businesses and Private Property – Gun Laws
11
State of Texas. Texas Government Code 411.205 – Requirement to Display License
12
Texas State Law Library. License to Carry – Gun Laws
13
Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart