Texas Open Carry Gun Laws: Eligibility, Holster, and Signs

Under Texas open carry gun laws, most adults 21 and older can openly carry a handgun in public without a license, as long as the handgun stays in a holster.¹ The Firearm Carry Act of 2021 (House Bill 1927) made Texas a permitless-carry state, so residents and visitors who meet the eligibility rules can carry openly without applying for anything. A long list of prohibited locations and overlapping federal restrictions still applies.

Who Can Openly Carry in Texas

Texas Penal Code Section 46.02 flips the rule into a set of disqualifiers: you commit an offense if you carry a handgun in public and you are younger than 21 or fall into certain recent-conviction categories.² If you are 21 or older and not otherwise disqualified, you can carry openly in most public places.

The state disqualifiers reach further than age. Texas bars you from possessing a firearm if you have a felony conviction. For the first five years after release from confinement or supervision, the ban is total; after that, a convicted felon can possess a firearm only at their own home. A conviction for assaulting a family or household member under Section 22.01 carries a five-year possession ban, and anyone currently subject to a protective order is also prohibited.³

Certain convictions in the past five years, including assault causing bodily injury, deadly conduct, and terroristic threats, trigger the carry ban under Section 46.02 itself.²

Federal Disqualifiers That Also Apply

Federal law under 18 U.S.C. Section 922 adds its own list. You are prohibited from possessing a firearm if any of the following is true:⁴

You have been convicted of a crime punishable by more than one year in prison, which covers most felonies in any state.
You have been convicted of a misdemeanor crime of domestic violence. Unlike the Texas five-year window, this federal ban is permanent.
You are subject to a qualifying restraining order issued after a hearing that includes a finding of credible threat or explicitly prohibits the use of force.
You have been adjudicated as mentally defective or committed to a mental institution. Voluntary admission does not trigger the ban.⁵
You are an unlawful user of or addicted to a controlled substance.
You have been dishonorably discharged from the armed forces.
You are a fugitive from justice.

A person who carries openly in Texas while falling into any of these categories faces potential prosecution at both the state and federal level.

Military Members Ages 18 to 20

Permitless carry under Section 46.02 requires you to be 21. Active-duty military members and honorably discharged veterans between 18 and 20 can instead apply for a Texas License to Carry at 18.⁶ With that license, they have the same carry rights as anyone 21 or older. The early-eligibility path is also open to anyone 18 to 20 who is protected under an active protective order.

The Holster Requirement

If any part of your handgun is visible in public, it must be in a holster. Carrying a visible handgun without a holster is a criminal offense under Section 46.02(a-5).² The statute does not define what counts as a holster or limit it to any particular style, so any holster design that secures the firearm to your body satisfies the requirement.⁷

If you carry concealed and the handgun never becomes visible, the holster rule does not technically apply. But the moment any part of the handgun shows, the holster exception is all that stands between you and a charge. That is why most experienced carriers use a holster regardless of carry style.

Long Guns Follow Different Rules

Texas open carry rules are usually about handguns. Rifles and shotguns are governed by a different framework: there is no state holster requirement, no minimum age comparable to the handgun rule, and no license needed.⁷ The prohibited-locations rules under Section 46.03 still apply, so carrying a rifle into a school or courthouse is just as illegal as carrying a handgun there.⁸

Places Firearms Are Banned Under State Law

Section 46.03 lists locations where carrying any firearm is illegal regardless of whether you have a license.⁸ The main categories are:

All premises of public and private schools, from elementary through postsecondary. Licensed carriers with an LTC may carry concealed on some public university campuses under the campus carry law.
Polling places, on election day and during early voting.
Courts and court offices, unless the court gives written authorization.
Racetracks.
Secured areas of airports.
High school, college, and professional sporting events.
Correctional and civil commitment facilities.
Hospitals and nursing facilities.
Mental health facilities.
Amusement parks.
The room where a governmental body is actively meeting.
Bars and businesses that earn at least 51% of their revenue from on-premises alcohol sales, marked at the entrance with a red “51%” sign.

Violating Section 46.03 is a third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000.⁹ Carrying into a school or a courthouse sits at the same felony grade as some drug offenses.

Federal Restrictions Texas Cannot Override

Texas permitless carry does not displace federal law. Several categories of federal property and zones remain off-limits.

Federal Buildings

Under 18 U.S.C. Section 930, firearms are banned in any building owned or leased by the federal government where federal employees regularly work.¹⁰ That covers post offices, Social Security offices, VA facilities, IRS offices, and federal courthouses. The penalty is up to one year in federal prison. Post offices prohibit firearms both inside the building and on the surrounding property, including parking lots.¹¹

Gun-Free School Zones

The federal Gun-Free School Zones Act makes it illegal to possess a firearm within 1,000 feet of any K–12 school, public or private.⁴ The federal law exempts people licensed by the state where the school zone is located. If you carry under Texas’s permitless system without an LTC, you do not fall within that exception, and walking a sidewalk near a school while armed can create federal exposure. The law does allow an unloaded firearm in a locked container inside a vehicle.

National Parks and Federal Land

Since 2010, you can generally possess a firearm in national parks and national wildlife refuges as long as you comply with the laws of the state where the park is located. In Texas parks, the same permitless-carry and holster rules apply on trails and in campgrounds. Federal buildings inside those parks, such as visitor centers, ranger stations, museums, and gift shops, remain off-limits.

Private Property and Posted Signs

Private property owners can ban firearms from their premises. Texas uses separate sign systems depending on whether the carrier has a license.

Signs Aimed at Permitless Carriers (Section 30.05)

Owners who want to keep out permitless carriers post a sign under Section 30.05 at each entrance, or give notice orally or in writing. The sign must state that entry with a firearm is prohibited under that section.¹² Entering past a 30.05 firearms sign is a Class C misdemeanor with a fine up to $200. If you then receive personal notice to leave and refuse, the charge jumps to a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.¹³

Signs Aimed at License Holders (Sections 30.06 and 30.07)

For LTC holders, a 30.06 sign bans concealed carry and a 30.07 sign bans open carry.¹⁴¹⁵ These signs must:

Include specific statutory language in both English and Spanish.
Use contrasting colors with block letters at least one inch tall.
Appear conspicuously at each public entrance.

The penalty structure mirrors 30.05: a Class C misdemeanor with a maximum $200 fine for entering, escalating to a Class A misdemeanor if you receive personal notice and fail to leave. Many businesses now post all three signs together. The initial fine is modest; the real risk is refusing to leave once asked.

Carrying in Vehicles and Boats

The rules inside a car or boat mostly track the rules for public spaces. If your handgun is visible inside the vehicle, it must be in a holster, and you must be 21 or older or hold an LTC.² If the handgun is not holstered, it must be kept out of plain view.

Two extra restrictions apply in vehicles. You cannot carry a handgun in a vehicle while engaged in criminal activity beyond a minor traffic or boating violation. And under Section 46.04, members of criminal street gangs as defined by Texas law are prohibited from carrying a handgun in a vehicle at all.³ Having a gun in the car during a routine traffic stop is not itself a problem, but it becomes one if you have an outstanding warrant, a recent disqualifying conviction, or are otherwise prohibited. Officers can and do run background checks during stops.

Why a License to Carry Still Matters

Many people assume the License to Carry became pointless when Texas dropped its licensing requirement. It did not.

The biggest reason is the federal school zone problem. The Gun-Free School Zones Act exempts people licensed by the state where the school zone is located.⁴ If you live in a city or suburb, you are constantly within 1,000 feet of a school. An LTC eliminates that federal exposure.

An LTC also matters when you travel. Other states are not obligated to honor Texas’s permitless-carry system. A Texas license gives you recognized credentials in states that honor it through reciprocity, which permitless carry alone does not.

The application costs $40 for both an original license and a renewal.¹⁶ Applicants must be at least 21 (or 18 for qualifying military members and veterans), pass a background check, complete a training course, and meet eligibility requirements that include no felony convictions, no recent Class A or Class B misdemeanors, and no delinquent child support or tax obligations.⁶

What Happens With Police

Texas has no statutory duty-to-inform law requiring you to tell an officer you are carrying a firearm during a traffic stop or other encounter. Officers who see a firearm or suspect one is present will act accordingly. Under HB 1927, an officer acting in an official capacity can temporarily disarm you during an encounter if they believe it is necessary for anyone’s safety. The officer must return the firearm before releasing you, unless the gun comes back as stolen or you are placed under arrest.¹

Simply possessing a handgun is not, by itself, grounds for a detention or arrest. But if an officer has reasonable suspicion that you are carrying illegally, such as appearing to be under 21 or having a handgun that is not in a holster, that suspicion can justify further investigation. Keeping the handgun holstered and your hands visible during any police interaction eliminates most of the friction these encounters can produce.

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
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Prohibition Under 18 USC 922(g)(4)
6
State of Texas. Texas Government Code 411.172 – Eligibility
7
Texas State Law Library. Carry of Firearms – Gun Laws
8
State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
9
State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
10
Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
11
United States Postal Service. Possession of Firearms and Other Dangerous Weapons on Postal Property Is Prohibited by Law
12
State of Texas. Texas Penal Code 30.05 – Criminal Trespass
13
State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
14
State of Texas. Texas Penal Code 30.06 – Trespass by License Holder With a Concealed Handgun
15
State of Texas. Texas Penal Code 30.07 – Trespass by License Holder With an Openly Carried Handgun
16
Texas Department of Public Safety. Application FAQs