Texas has a long history of gun ownership, and its open carry laws have changed significantly in recent years. If you are wondering whether you can legally open carry a handgun in Texas, the answer is yes—but with some conditions. Understanding these laws is important to ensure you are carrying legally and responsibly.
What Is Open Carry?
Open carry means carrying a handgun in public where others can see it. In Texas, this requires the firearm to be in a holster that is worn on the shoulder or belt. This is different from concealed carry, where the gun must be hidden from public view.
Texas Open Carry Law
As of September 1, 2021, Texas law allows most residents to carry a handgun openly without a permit. This change came with House Bill 1927, also known as the Constitutional Carry Law. Before this law, individuals needed a License to Carry (LTC) to carry a handgun openly.
Even though the permit requirement has been removed, open carry is still regulated by state and federal laws. Certain restrictions apply based on location, age, and eligibility.
Who Can Open Carry in Texas?
To legally open carry in Texas, you must meet the following criteria:
- Be at least 21 years old (18 for military personnel)
- Have no felony convictions
- Not have been convicted of certain violent misdemeanors
- Not be under an active protective order
- Not have been declared mentally incompetent by a court
- Not be intoxicated while carrying the firearm
Holster Requirement
Texas law requires that any handgun carried openly must be secured in a belt or shoulder holster. Pocket holsters, ankle holsters, and other methods of carry are not considered legal for open carry.
Where Can You Open Carry in Texas?
While open carry is allowed in most public places, some locations are off-limits, including:
- Schools and school buses
- Polling places on election day
- Courtrooms and government offices
- Secured areas of airports
- Private businesses with posted “No Firearms” signs
- Hospitals and nursing homes
- Places of worship that prohibit firearms
- Bars and establishments that earn 51% or more of their revenue from alcohol sales
- Amusement parks and sporting events
Can I Open Carry in My Car?
Yes, Texas law allows individuals to carry a handgun in their vehicle without a permit. However, if you are openly carrying, the firearm must still be in a proper holster. If you prefer to carry a handgun in your car without a holster, it must be concealed from plain view.
Federal Laws and Open Carry
Federal law does not prohibit open carry, but some restrictions still apply. For example, you cannot carry a firearm in federal buildings, military bases, post offices, or other federally controlled areas. Additionally, individuals with felony convictions are prohibited from owning or carrying firearms under federal law.
Local Laws and Regulations
While Texas law sets the general framework for open carry, cities and counties can impose additional restrictions. Some municipalities may have stricter rules regarding firearms in public spaces. Always check local regulations before carrying a handgun openly in a new area.
Do You Need Firearm Training?
While House Bill 1927 removed the requirement for an LTC, Texas still encourages responsible gun ownership. The Texas Department of Public Safety offers free online firearm safety courses for those who want to learn more about handling and carrying a gun safely.
When Should You Contact a Lawyer?
If you have questions about Texas open carry laws, face legal trouble related to carrying a firearm, or need clarification on where you can legally carry, consulting a lawyer is a smart move. An attorney can help you understand your rights and protect you from potential legal consequences.
Need Legal Guidance?
Texas allows open carry, but it comes with rules and responsibilities. Understanding where you can carry, how to carry legally, and who qualifies is important to avoid legal trouble. If you have any questions or need legal guidance, call Gallian Firm at (214) 432-8860. A knowledgeable attorney can help ensure you are following the law while exercising your gun rights.