The Texas open carry law lets most adults 21 and older openly carry a handgun in public without a permit, as long as the handgun stays in a holster. The rule took effect on September 1, 2021, when House Bill 1927 eliminated the previous state licensing requirement.1LegiScan. Texas House Bill 1927 The holster is the part people forget. A visible handgun without one is a criminal offense, even for someone who is otherwise fully eligible to carry.
Who Can Openly Carry
You can openly carry a handgun in Texas if you are at least 21 years old and are not otherwise prohibited from possessing a firearm.2State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons No application, no class, no state background check. Separate federal rules still apply when you buy a firearm from a licensed dealer.3Federal Bureau of Investigation. Firearms Checks (NICS)
Several categories of people are barred from possessing a firearm at all. A person convicted of a felony cannot possess any firearm for at least five years after release from confinement or community supervision, and even after that, possession is limited to the person’s own home. A Class A misdemeanor assault conviction involving a family or household member triggers a five-year firearms ban. Anyone subject to an active protective order under the Family Code is barred from possessing a firearm once notified of the order.4State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm Violating the felony prohibition is itself a third-degree felony; breaking the family-violence or protective-order restrictions is a Class A misdemeanor.
You also cannot carry a handgun while intoxicated in a public place.2State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons Federal disabilities layer on top of state law: unlawful users of controlled substances, people involuntarily committed to a mental health facility, and others under a federal firearms prohibition cannot carry regardless of what Texas permits.
The 18-to-20 Question
On its face, the statute limits permitless carry to people 21 and older.2State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons In 2022, a federal district court in Fort Worth held in Firearms Policy Coalition v. McCraw that barring law-abiding 18-to-20-year-olds from carrying based on age alone violates the Second Amendment, and it enjoined Texas from enforcing that age limit.5GovInfo. Firearms Policy Coalition Inc. v. McCraw – Case 4:21-cv-01245-P The injunction was stayed pending appeal and the case has continued in the Fifth Circuit. If you are in that age range, check the current status of the litigation before relying on it.
The Holster Requirement
Intentionally displaying a handgun in plain view in a public place is an offense unless the handgun is in a holster, whether partially or wholly visible.2State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons The holster is what separates lawful open carry from a criminal charge.
The law does not specify a holster type. Earlier versions required belt or shoulder holsters, but HB 1927 dropped those limits. Inside-the-waistband, outside-the-waistband, paddle, chest rigs — any holster that secures the firearm works. A pistol shoved into a waistband or pocket with nothing holding it in place does not qualify. The same requirement applies whether you carry under permitless authority or with a License to Carry.
Places Where Handguns Are Prohibited
Being eligible and properly holstered still doesn’t get you into every building. This is where most people run into trouble.
The following are off-limits, and carrying into any of them is a third-degree felony (2 to 10 years in prison) unless noted otherwise:6State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
- Any premises, grounds, or school bus of a public or private K-12 school or postsecondary institution, unless you have written authorization. License to Carry holders have a narrow exception allowing concealed carry on the grounds of public universities that have opted in under the campus carry law.
- Polling places on election day and during early voting.
- Government courts and offices used by the court, unless the court has issued written authorization.
- Racetracks.
- Any airport area beyond the security checkpoint.
- Within 1,000 feet of a designated execution site on the day of a scheduled execution, if you received notice of the restriction.
- Bars and restaurants that earn 51 percent or more of their revenue from on-premises alcohol sales. These businesses must post a red warning sign at every entrance.
- Jails, prisons, and detention centers.
A few prohibited places carry lighter penalties. Carrying at a high school, collegiate, or professional sporting event, a civil commitment facility, a hospital, a nursing home, an amusement park, or a meeting of a governmental body is a Class A misdemeanor rather than a felony.6State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited The gap between the two is significant: a third-degree felony can mean prison and a permanent loss of gun rights, while a Class A misdemeanor carries up to a year in county jail.
Reading the 51% Sign
Businesses that meet the 51-percent alcohol threshold must display a red handgun warning sign at each entrance under Texas Alcoholic Beverage Commission rules, visible before you walk in.7Texas Alcoholic Beverage Commission. Sign Requirements A red sign with a handgun and a red circle-slash means carrying past it is a felony. Not every place that serves alcohol qualifies. A steakhouse with a full bar likely won’t meet the threshold if food revenue dominates.
Federal Buildings Are Off Limits
Texas law does not override federal restrictions. Knowingly possessing a firearm in a federal facility is a crime punishable by up to a year in prison, or five years if the intent is to commit a crime.8Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities A federal facility is any building or portion of a building owned or leased by the federal government where federal employees regularly work. Post offices, federal courthouses, Social Security offices, and VA hospitals all count. Federal facilities are supposed to post notice at public entrances, but you can still be convicted if you had actual knowledge of the prohibition without a sign.
Private Property and Posted Signs
Property owners can prohibit firearms, but they have to follow specific notice procedures. Different statutes cover different scenarios, and each has its own sign.
Section 30.07 Signs (No Open Carry by License Holders)
A 30.07 sign bans open carry by licensed carriers. It must use the statute’s prescribed language in English and Spanish, in contrasting colors, in block letters at least one inch tall, and it must be clearly visible at each entrance.9State of Texas. Texas Penal Code 30.07 – Trespass by License Holder With an Openly Carried Handgun Walking past a valid 30.07 sign while openly carrying is a Class C misdemeanor with a maximum $200 fine. It escalates to a Class A misdemeanor if you are told to leave and refuse.
Section 30.05 Signs (No Carry by Permitless Carriers)
A separate sign targets people carrying without a license. It must reference Section 30.05, appear in English and Spanish, use block letters at least one inch tall in contrasting colors, and be posted conspicuously at each entrance.10State of Texas. Texas Penal Code 30.05 – Criminal Trespass The penalty structure matches 30.07: Class C misdemeanor for entering, Class A if you refuse to leave after being asked.
A property owner who wants to keep all handguns out needs both a 30.05 and a 30.07 sign (and a 30.06 sign to ban concealed carry by license holders). Oral notice from the owner or someone with apparent authority also counts. If you’re told firearms aren’t welcome, leave promptly.
Carrying in a Vehicle
The rules shift when you’re in a car, truck, or boat. If a handgun is in plain view inside a vehicle you own or control, you must be at least 21 (or hold a License to Carry), and the handgun must be in a holster.2State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons If the handgun is concealed from view inside the vehicle, there is no holster requirement for anyone 21 or older who is not otherwise prohibited from possessing firearms. You also cannot carry in a vehicle while engaged in criminal activity beyond a minor traffic violation, or if you are barred from possessing firearms.
Long Guns Follow Different Rules
Texas law does not restrict who can openly carry a rifle or shotgun, and there is no holster or permit requirement for long guns.11Texas State Law Library. Carry of Firearms The prohibited-places list under Section 46.03 still applies to all firearms, so rifles cannot go into schools, courthouses, or any other restricted location. You also cannot display any firearm in a public place “in a manner calculated to alarm,” which is a disorderly conduct offense. Slinging a rifle over your shoulder on a rural road is one thing; carrying one through a crowded mall in a way designed to provoke a reaction is another.
If You Are Stopped by Police
License to Carry holders must show both a driver’s license or state ID and their handgun license when a peace officer or magistrate asks for identification during a lawful stop.12State of Texas. Texas Government Code 411.205 – Requirement to Display License Permitless carriers have no handgun license to display but still have to comply with general ID requirements. Officers may temporarily disarm you for safety during a stop, and the firearm is returned when the encounter ends without an arrest. If asked whether you’re armed, answer truthfully; being evasive while visibly carrying tends to escalate an otherwise routine stop.
Why Some Texans Still Get a License to Carry
Permitless carry doesn’t cross state lines the way a license does. A Texas LTC is recognized in 37 other states, and many of those states do not honor Texas permitless carry.13Texas State Law Library. License to Carry If you travel with a firearm, carrying without a license means your right to carry may end at the state border.
License holders also get access to a few places closed to permitless carriers, including the grounds of public universities that participate in campus carry.6State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited And a property owner can post only a 30.05 sign — blocking permitless carriers while still allowing LTC holders in openly.