Texas Penal Code 46: Carry Rules, Prohibited Weapons, and Licenses

Chapter 46 of the Texas Penal Code sets the rules for who may carry a weapon in Texas, where weapons are forbidden, who is barred from possessing a firearm at all, and which weapons the state outlaws outright. Since 2021, most adults aged 21 and older can carry a handgun in public without a license, but the chapter wraps that freedom in a long list of location bans, person-based prohibitions, and transfer restrictions. Violations run from Class A misdemeanors to third-degree felonies, and federal law adds its own layer that can override Texas rules even when you have followed them perfectly.

Who Can Carry a Handgun

If you are at least 21 and not otherwise disqualified from possessing a firearm, you can carry a handgun in most public places in Texas without a License to Carry.¹ This permitless carry authority came from House Bill 1927 in 2021.² If you carry openly, the handgun has to be in a holster, though the statute does not specify a holster type.

Inside a vehicle or watercraft you own or control, you can carry a handgun out of plain view with no age or license requirement. If the handgun is visible in the vehicle, the person carrying it must be at least 21 or hold a License to Carry, and it must be holstered. You lose these protections entirely if you are a member of a criminal street gang, if you are committing a crime beyond a minor traffic offense, or if you are intoxicated while carrying outside your own property or vehicle.³

Violating the unlawful carrying statute under Section 46.02 is a Class A misdemeanor, punishable by up to one year in jail, a fine of up to $4,000, or both.⁴

Where Weapons Are Prohibited

Even with a lawful right to carry, Section 46.03 bars firearms, knives with a blade over five and a half inches, clubs, and any weapon banned under Section 46.05 from more than a dozen categories of places. Ignorance of a location’s status is not a defense.

All K–12 school premises, school-sponsored activity grounds, and school buses
College and university campuses, unless you hold a License to Carry and keep the handgun concealed
Polling places during any election day or early voting
Government courts and offices used by the court, absent written authorization
Any business that derives 51 percent or more of its revenue from on-premises alcohol sales
High school, collegiate, and professional sporting events, unless you are a participant using a weapon as part of the event
Racetracks
Secured areas of airports
Correctional and civil commitment facilities
Within 1,000 feet of a designated execution location on the day a death sentence is to be carried out, if you received notice of the restriction⁵

The campus rule catches many people. Permitless carry does not reach a public university campus at all. Only License to Carry holders may carry concealed on university and college grounds, and individual institutions can designate specific areas where even that is not allowed.⁵

Bringing a weapon into most prohibited locations is a third-degree felony, which carries two to ten years in prison and a possible fine of up to $10,000.⁶

Private Property and Posted Signs

Private property owners and businesses can keep firearms off their premises, but they have to use the right sign. Texas has three, and each covers a different category of carrier.⁷

A Section 30.05 sign prohibits all firearms, including those carried under permitless carry. It has to include specific statutory language in English and Spanish, in contrasting colors with block letters at least one inch tall.
A Section 30.06 sign prohibits concealed carry by License to Carry holders.⁸
A Section 30.07 sign prohibits open carry by License to Carry holders.

Each sign reaches only its specific audience, so a business that wants to exclude everyone armed often has to post more than one. A property that posts only a 30.06 sign has not given legally effective notice to someone carrying under permitless carry. Entering after proper notice can lead to criminal trespass charges.⁷

Who Cannot Possess a Firearm

Section 46.04 sets two main possession bans tied to criminal history. Anyone convicted of a felony cannot possess a firearm anywhere for five years after release from confinement or supervision, whichever is later. After that five-year period, a person with a felony conviction may possess a firearm only at the premises where they live. The ban on possession outside the home does not expire.⁹

The second category covers people convicted of a Class A misdemeanor assault involving a family or household member. They cannot possess a firearm for five years after release from confinement or community supervision, whichever is later. Federal convictions can trigger these state restrictions. Texas treats a federal offense as a felony for possession purposes if it would be a felony under Texas law or if it is punishable by more than one year in prison.¹⁰

A convicted felon who possesses a firearm faces a third-degree felony. For someone with a family violence misdemeanor conviction, the charge is a Class A misdemeanor.¹⁰

The Federal Overlay

This is where the most dangerous mistake happens. Texas lets a convicted felon possess a firearm at home after five years. Federal law does not. Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than one year in prison is permanently barred from possessing a firearm. No time-based exception. No home exception.¹¹ A person following Texas law exactly, keeping a gun only in the home after the five-year wait, can still face federal prosecution.

Federal law also bars possession by several categories Texas does not separately address:¹¹

Fugitives from justice
Users of or people addicted to controlled substances, including marijuana regardless of state legalization
People adjudicated as mentally defective or committed to a mental institution
People subject to certain domestic violence restraining orders
Anyone dishonorably discharged from the military

The Texas State Law Library recommends consulting an attorney if there is any doubt about whether both state and federal law allow you to possess a firearm.¹²

Prohibited Weapons

Section 46.05 bans certain weapons for everyone in Texas:¹³

Explosive weapons such as bombs and grenades
Machine guns
Armor-piercing ammunition
Chemical dispensing devices, not counting small personal self-defense sprays
Zip guns (improvised firearms)
Tire deflation devices
Improvised explosive devices

Explosive weapons and machine guns are legal only when registered in the National Firearms Registration and Transfer Record maintained by the ATF, or when classified as a curio or relic by the Department of Justice.¹³ The other items on the list have no comparable exception.

Possession of a prohibited weapon is generally a third-degree felony, with two to ten years in prison and a potential fine of up to $10,000.⁶ Tire deflation devices are the exception, charged as a state jail felony punishable by 180 days to two years of confinement.¹³

Two items that once appeared on the list no longer do. Suppressors were removed from the state prohibition, and effective September 1, 2025, short-barrel firearms are no longer banned under Texas law. Senate Bill 1596 repealed the definition of “short-barrel firearm” and removed it from Section 46.05.¹⁴ Federal law still regulates both items under the National Firearms Act, so owning one without proper federal registration remains a federal offense.

Unlawful Transfers

Section 46.06 restricts who can receive a weapon from you. Selling or giving a firearm, club, or large knife to anyone under 18 is a crime, with an affirmative defense available if the minor’s parent or legal guardian gave written consent for a sale or effective consent for a gift.¹⁵ Selling a firearm or ammunition to someone who is intoxicated is also prohibited regardless of the buyer’s age, as is transferring a weapon to someone you know intends to use it unlawfully or to someone you know is barred from possessing firearms.

Most transfer violations are Class A misdemeanors. Giving or selling a handgun to a minor is a state jail felony, carrying 180 days to two years of confinement.¹⁵ Federal law separately punishes straw purchases, the practice of buying a firearm for someone who cannot legally buy one, with penalties of up to 15 years in prison and a $250,000 fine under 18 U.S.C. §§ 932 and 933, and up to 25 years if the weapon is later used in a felony or drug trafficking crime.¹⁶

Why a License to Carry Still Matters

Permitless carry covers most everyday situations, but the License to Carry remains active and does several things permitless carry cannot.² Only LTC holders can carry a concealed handgun on the grounds of public universities and colleges; permitless carriers are barred from those premises entirely.⁵ The LTC also provides reciprocity with other states that recognize Texas licenses, which matters when you cross state lines. And several professional exemptions under Section 46.15, including those for prosecutors and judicial officers, specifically require an LTC.¹⁷

Applicants must be at least 21, complete a training course, pass a background check, and submit fingerprints through the Texas Department of Public Safety.¹

1
Texas State Law Library. Carry of Firearms
2
Texas State Law Library. License to Carry – Gun Laws
3
State of Texas. Texas Penal Code PENAL 46.02 – Unlawful Carrying Weapons
4
State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
5
State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
6
State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
7
Texas State Law Library. Businesses and Private Property – Gun Laws
8
State of Texas. Texas Penal Code 30.06 – Trespass by License Holder With a Concealed Handgun
9
State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
10
State of Texas. Texas Penal Code PENAL 46.04 – Unlawful Possession of Firearm
11
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
12
Texas State Law Library. Criminal Convictions and Firearms
13
State of Texas. Texas Penal Code 46.05 – Prohibited Weapons
14
Texas Legislature. SB 1596 Bill Analysis
15
State of Texas. Texas Penal Code 46.06 – Unlawful Transfer of Certain Weapons
16
Bureau of Alcohol, Tobacco, Firearms and Explosives. Dont Lie for the Other Guy
17
State of Texas. Texas Penal Code 46.15 – Nonapplicability