Texas Penal Code on Unlawful Carry: Places, Notice, and Penalties

In Texas, unlawful carry is the criminal offense under Penal Code Section 46.02 that applies when someone carries a handgun in public outside the boundaries the state sets: being at least 21, having no disqualifying recent conviction, keeping the handgun in a holster, staying sober, and staying out of locations where firearms are banned. Since the Firearm Carry Act of 2021 took effect, most adults no longer need a License to Carry, so the statute now turns on who you are and how you carry rather than whether you hold a permit.¹ Get any of those pieces wrong and the charge can run from a $200 fine to a third-degree felony with up to ten years in prison.

Who Can Legally Carry a Handgun in Public

You can carry a handgun in public without a license in Texas if you are at least 21 years old and do not have a disqualifying criminal history.² The age cutoff is firm. People aged 18 to 20 cannot legally carry a handgun in public, though they may still possess one in their home or their own vehicle.

Certain recent convictions also take you out of eligibility. If you were convicted of assault causing bodily injury, deadly conduct, terroristic threat, or specific disorderly conduct offenses within the past five years, you cannot lawfully carry in public. The five-year clock runs from the later of the date you completed your sentence or the date you finished community supervision or parole.²

Carrying while underage or while disqualified by a recent conviction is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.³

The Holster Rule

Any handgun carried in public has to be in a holster. Section 46.02 requires this whether you carry openly or concealed, and the law does not specify a particular type: belt, shoulder, ankle, or any other design works as long as it holds the firearm on your person.² There is no required retention level or safety mechanism.

A handgun loose in a pocket, tucked into a waistband with no holster, or held in your hand breaks the rule. The violation is a Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000.³ The holster also matters for open carry: intentionally displaying a handgun in public is itself an offense, but a handgun that is visible while carried in a holster is an explicit exception.²

Carrying While Intoxicated

Section 46.02(a-6) makes it illegal to carry a handgun while intoxicated. “Intoxicated” means lacking the normal use of your mental or physical faculties because of alcohol, drugs, or a combination. The ban reaches public spaces and any private property where you do not have the owner’s consent to be armed.²

This is a Class A misdemeanor: up to one year in jail and a fine of up to $4,000.³ Nothing stops you from carrying in a restaurant or bar that serves alcohol (assuming it is not a 51% establishment), but you cannot be intoxicated while doing so. The line between “had a drink” and “intoxicated” is a judgment call made after the fact, so separating carrying from drinking is the safer approach.

Intentionally Displaying a Handgun

Section 46.02(a-5) creates a separate offense for intentionally displaying a handgun in plain view of another person in a public place. The statute carves out an exception when the handgun is visible but carried in a holster. What the offense targets is flashing, brandishing, or deliberately showing a handgun outside a holster in a way that goes beyond normal carry.²

The display offense itself is a Class C misdemeanor, punishable by a fine of up to $500.⁴ Prosecutors can stack other charges on top. Depending on the circumstances, the same conduct can support disorderly conduct, deadly conduct, or assault. The Class C classification covers the display; how you display it determines what else follows.

Places Where Carry Is a Felony

Even if you meet every eligibility rule and carry properly in a holster, certain locations are completely off-limits under Section 46.03. Carrying a firearm into most of them is a third-degree felony regardless of whether you hold a License to Carry. The penalty is two to ten years in prison and a fine of up to $10,000. No posted signage is required for the prohibition to apply at these locations.

Any school premises, school bus, or grounds where a school-sponsored activity is taking place, covering both K-12 and post-secondary institutions, public and private.⁵
Polling places on election day or during early voting.
Courts and government court buildings, including rooms or hallways used for judicial proceedings.
Licensed pari-mutuel racetracks.
Secured airport areas past security screening.
Jails, prisons, and related correctional facilities.
Bars and 51% establishments (businesses earning more than half their revenue from on-premises alcohol sales), which the Texas Alcoholic Beverage Commission requires to post a red “51%” sign at each entrance.
Hospitals and nursing homes, if the facility gives effective notice under Penal Code Chapter 30 that firearms are not allowed.

A restaurant that serves alcohol but earns less than 51% of its revenue from alcohol sales is not a prohibited location under Section 46.03. Carry in most restaurants is lawful unless the owner has posted separate notice banning firearms on the property.

Private Property Signs and Oral Notice

Property owners can prohibit firearms on their premises, and the rules differ depending on whether the person carrying holds a license.

Section 30.05: Unlicensed Carriers

Section 30.05 lets a property owner post a sign at each entrance notifying people that entry with a firearm is forbidden. The sign must include language substantially similar to “Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm.”⁶

Entering with a firearm past a valid 30.05 sign, when carrying the firearm is the only basis for the trespass, is a Class C misdemeanor with a fine of up to $200. The charge rises to a Class A misdemeanor (up to one year in jail and a $4,000 fine) if you are personally told to leave after entering and you refuse.⁶ Walking past a sign is a small fine; ignoring a direct request to leave is where the serious penalty attaches.

Sections 30.06 and 30.07: License Holders

License holders face a separate pair of statutes. A 30.06 sign prohibits concealed carry; a 30.07 sign prohibits open carry. Both must include specific statutory language in English and Spanish, use contrasting colors with block letters at least one inch tall, and appear conspicuously at each entrance.⁷⁸ Entering despite a properly posted 30.06 or 30.07 sign is a Class C misdemeanor with a fine up to $200, rising to a Class A misdemeanor if you are personally told to leave and fail to depart.

Oral Notice

A property owner or someone with apparent authority does not need a sign at all. Verbal notice that entry is forbidden, or a verbal demand to leave, is legally sufficient under Section 30.05. A clear oral request to leave that you ignore supports a criminal trespass charge on its own.⁶

Felons and Others Barred From Possession Entirely

Section 46.04 reaches further than 46.02 and bars certain people from possessing a firearm at all, not just carrying one in public. A person convicted of a felony cannot possess a firearm for the first five years after release from confinement or supervision, whichever is later. After that window closes, possession is limited to the person’s own home. Violating this provision is a third-degree felony: two to ten years in prison and a fine of up to $10,000.⁹¹⁰

A Class A misdemeanor assault conviction involving a family or household member bars possession for five years after release from confinement or community supervision. A person subject to an active protective order under the Family Code also cannot possess a firearm while that order remains in force. Both of those violations are Class A misdemeanors under Texas law.⁹

Federal law adds its own prohibitions on top of Texas’s rules. Under 18 U.S.C. § 922(g), you cannot possess a firearm if you have been convicted of any crime punishable by more than one year of imprisonment, if you have been dishonorably discharged from the military, or if you are subject to certain domestic violence restraining orders, among other categories.¹¹ Federal prohibited-person status overrides Texas permitless carry. A felon who carries openly in a holster and meets every Texas requirement still commits a federal crime.

The Federal School Zone Trap

Permitless carry opens a federal risk that catches a lot of people by surprise. The Gun-Free School Zones Act, 18 U.S.C. § 922(q), makes it a federal crime to possess a firearm within 1,000 feet of a K-12 school. In any city or suburb, that radius covers sidewalks, parking lots, and nearby businesses.¹²

The federal statute exempts anyone “licensed to do so by the State,” but only if the state’s licensing process includes a law enforcement verification that the individual qualifies. Permitless carriers likely do not fall inside that exception. A Texas LTC holder does qualify because the LTC application process includes a background check.¹² Federal prosecution of otherwise law-abiding carriers is uncommon, but the exposure is real. For anyone who regularly passes schools on a commute or daily errands, getting a Texas LTC is the most reliable way to close that gap. The standard LTC application fee is $40.

Penalty Summary

The penalties for unlawful carry in Texas span a wide range, and the exact charge depends on what went wrong.

Class C misdemeanor, fine up to $500: intentionally displaying a handgun in public outside a holster. Trespass offenses under 30.05, 30.06, and 30.07 are also Class C but capped at $200.⁴
Class A misdemeanor, up to one year in jail and a fine up to $4,000: carrying while under 21 or with a disqualifying conviction; carrying without a holster; carrying while intoxicated; refusing to leave private property after personal notice to go.³
Third-degree felony, two to ten years in prison and a fine up to $10,000: carrying a firearm into a prohibited location under Section 46.03 (schools, polling places, courts, airports, bars, correctional facilities); possessing a firearm as a convicted felon under Section 46.04.¹⁰

A felony conviction does more than send a person to prison. It permanently changes legal status, strips firearm rights under both state and federal law, and can reshape employment and professional licensing options for the rest of a person’s life. With prohibited-location violations, the stakes are not only the sentence served but the rights lost afterward.

1
Texas Legislature Online. H.B. No. 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 12.21 – Class A Misdemeanor
4
State of Texas. Texas Penal Code 12.23 – Class C Misdemeanor
5
State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
6
State of Texas. Texas Penal Code 30.05 – Criminal Trespass
7
State of Texas. Texas Penal Code 30.06 – Trespass by License Holder With a Concealed Handgun
8
State of Texas. Texas Penal Code 30.07 – Trespass by License Holder With an Openly Carried Handgun
9
State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
10
State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
11
Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
12
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts