Texas Gun Laws

Texas's unlawful-carrying-weapons offense applies only to a person who is younger than 21 years of age or who has a disqualifying recent conviction. As amended by HB 1927 (87R, effective September 1, 2021), any adult 21 or older who is not federally prohibited and not within a disqualifying conviction class may lawfully carry a handgun without a license, openly or concealed.

"A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun and... is younger than 21 years of age."

Tex. Penal Code § 46.02(a) secondary

HB 1927, signed by Governor Abbott on June 16, 2021 and effective September 1, 2021, amended Texas Penal Code Chapter 46 to establish permitless carry for eligible adults 21 and older.

"AN ACT relating to provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm... This Act takes effect September 1, 2021."

Acts 2021, 87th Leg., R.S., HB 1927 (Firearm Carry Act of 2021) statute

The Texas License to Carry (LTC) remains available and is required for some functions (e.g., higher-education campus carry, out-of-state reciprocity). The general minimum age is 21, with two carve-outs: a person 18 to 20 may qualify if they are a member or veteran of the U.S. armed forces (including reserves or National Guard) discharged under honorable conditions, OR if they are protected by an active protective order under Title 4, Family Code.

"A person is eligible for a license to carry a handgun if the person... is at least 21 years of age."

Tex. Gov't Code § 411.172 (Eligibility) secondary

An original Texas LTC requires a course of not less than four hours and not more than six hours of classroom instruction by a qualified handgun instructor (or approved online course), covering laws on weapons and the use of deadly force, handgun use and safety, non-violent dispute resolution, and proper storage. The course must also include a range-based handgun proficiency demonstration administered by a qualified instructor.

"The classroom instruction part of the handgun proficiency course must include not less than four hours and not more than six hours of instruction on... the laws that relate to weapons and to the use of deadly force, handgun use and safety, nonviolent dispute resolution, and proper storage practices for handguns."

Tex. Gov't Code § 411.188 (Handgun Proficiency Requirement) secondary

An initial Texas LTC expires on the earlier of (1) the holder's first birthday occurring after the fourth anniversary of issuance, or (2) the expiration of the holder's lawful presence in the United States. A renewed license expires on the earlier of (1) the holder's birthdate falling on the fifth anniversary of the prior license's expiration, or (2) the expiration of lawful presence. The standard application and renewal fee is $40.

"A license issued under this subchapter expires on the earlier of: the first birthday of the license holder occurring after the fourth anniversary of the date of issuance; or the expiration of the license holder's lawful presence in the United States."

Tex. Gov't Code § 411.183 (Expiration) secondary

The Texas Department of Public Safety administers the License to Carry program under Gov't Code Chapter 411, Subchapter H. DPS publishes eligibility, training, fee, renewal, and reciprocity information for the LTC.

"Texas Government Code, Chapter 411, Subchapter H, authorizes the Texas Department of Public Safety to license qualified persons to carry a handgun in Texas."

Texas Department of Public Safety — Handgun Licensing ag

Title 4 of the Texas Family Code governs protective orders, including the Chapter 85 family-violence protective orders referenced in Gov't Code § 411.172's 18-to-20-year-old LTC eligibility carve-out. A person 18 to 20 protected by an active Title 4 protective order qualifies to apply for a Texas License to Carry notwithstanding the general 21-year minimum.

"After a court renders a protective order, the court shall... order the respondent to take such action as the court determines is necessary to remove the threat of family violence."

Tex. Fam. Code Title 4 (Protective Orders and Family Violence) statute

Open carry of a handgun in public is lawful for any person who could lawfully carry under § 46.02, provided that when the handgun is partially or wholly visible it is carried in a holster. There is no separate open-carry permit; permitless open carry is allowed on the same terms as permitless concealed carry.

"A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place... unless the handgun was partially or wholly visible but was carried in a holster."

Tex. Penal Code § 46.02(a-5) (HB 1927 amendment) secondary

Carrying a handgun in a motor vehicle or watercraft owned by or under the control of the carrier is lawful if the carrier is 21 or older (or is an LTC holder) and is not engaged in criminal activity beyond a Class C traffic offense. If a handgun is in plain view inside the vehicle, it must be carried in a holster. The rule does not depend on glove-box / console / trunk distinctions; loaded carry in any compartment is permitted on the same terms.

"A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster."

Tex. Penal Code § 46.02(a-1) secondary

Texas's employer-parking-lot statute prohibits public or private employers from preventing an employee who lawfully possesses a firearm or ammunition from transporting or storing it in a locked, privately owned motor vehicle in an employer-provided parking area. Unlike Tennessee's protection, the Texas provision is not limited to permit holders — any employee who otherwise lawfully possesses the firearm is covered. Statutory exceptions apply to school-district student parking, employer-owned vehicles, and certain oil/gas/chemical facilities.

"A public or private employer may not prohibit an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees."

Tex. Labor Code § 52.061 secondary

Texas honors handgun licenses from 44 other states: 33 'reciprocal' states (mutual recognition) and 11 'unilateral' states (Texas honors them but they do not honor a Texas LTC). The Texas LTC is honored by the 33 reciprocal states. As of the DPS list dated September 11, 2020 (and as currently maintained), Maine, Oregon, Vermont, the District of Columbia, and U.S. territories have no agreement.

"States that recognize the Texas License to Carry... Reciprocity is generally not the same as a state honoring permitless carry; travelers should verify the destination state's rules."

Texas DPS — State Reciprocity Information ag

Texas codifies a castle doctrine: the use of deadly force is justified, and the actor's belief that deadly force was immediately necessary is presumed reasonable, when responding to an unlawful and forcible entry of (or attempt to enter, or unlawful and forcible removal from) the actor's occupied habitation, vehicle, or place of business or employment.

"A person is justified in using deadly force against another... when and to the degree the actor reasonably believes the deadly force is immediately necessary to protect the actor against the other's use or attempted use of unlawful deadly force; or to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery."

Tex. Penal Code § 9.32(a)–(b) secondary

Texas is a stand-your-ground state: a person who has a right to be at the location, who has not provoked the threat, and who is not engaged in criminal activity has no duty to retreat before using deadly force in self-defense. A parallel provision in § 9.31(e) eliminates the duty to retreat for non-deadly force.

"A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section."

Tex. Penal Code § 9.32(c) secondary

Section 9.31(e) extends no-duty-to-retreat to the use of non-deadly force in self-defense, on the same conditions (lawful presence, no provocation, no criminal activity).

"A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section."

Tex. Penal Code § 9.31(e) secondary

Texas does not impose a general duty to proactively inform a peace officer that you are armed. LTC holders carrying a handgun must display both their driver's license (or state ID) and their LTC when a magistrate or peace officer demands identification. A 2017 amendment removed the criminal penalty for failure to display; the obligation persists but carries no statutory criminal sanction. Permitless carriers have no analogous statutory display duty.

"If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license."

Tex. Gov't Code § 411.205 (display of license on demand) secondary

Carrying a firearm on the physical premises of a public or private school (K-12) or a postsecondary educational institution is an offense, subject to narrow exceptions including an LTC holder concealed-carrying on a public higher-education campus where the institution has not opted out under PC 46.035 successors.

"A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm... on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution."

Tex. Penal Code § 46.03(a)(1) (schools) secondary

Carrying a firearm on the premises of a polling place on election day or during early voting is an offense.

"on the premises of a polling place on the day of an election or while early voting is in progress."

Tex. Penal Code § 46.03(a)(2) (polling places) secondary

Carrying a firearm on the premises of any government court or offices utilized by the court is an offense, unless the carry is authorized by the court.

"on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court."

Tex. Penal Code § 46.03(a)(3) (government court / court offices) secondary

Carrying a firearm in or into a secured area of an airport is an offense. Federal law (49 U.S.C. § 46505) independently prohibits firearms past TSA screening.

"in or into a secured area of an airport."

Tex. Penal Code § 46.03(a)(5) (secured area of airport) secondary

Carrying a firearm on the premises of a business that derives 51% or more of its income from the on-premises sale or service of alcoholic beverages — and is required by TABC to post the red '51%' sign — is an offense. Bars and similar establishments fall under this rule.

"on the premises of a business that has a permit or license issued under the Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption."

Tex. Penal Code § 46.03(a)(7) (51%-alcohol premises) secondary

A private property owner can prohibit a license holder from carrying on the property by posting a statutorily compliant sign — § 30.06 for concealed carry, § 30.07 for open carry — in English and Spanish, in contrasting colors with block letters at least one inch tall, conspicuously displayed at each entrance. Violation is a Class C misdemeanor (up to $200), upgraded to Class A misdemeanor if the actor refuses to leave after personal notice. These signs apply to LTC holders by their terms; the analogous notice for non-license-holding permitless carriers operates through general criminal trespass under § 30.05.

"Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun."

Tex. Penal Code § 30.06 (concealed) / § 30.07 (open) — posted private property secondary

Texas's general criminal trespass statute applies to permitless carriers receiving notice that entry is forbidden. Where PC §§ 30.06 and 30.07 control LTC-holder signage, § 30.05 supplies the parallel mechanism for non-license carry: a person commits an offense if they enter or remain on property without effective consent after notice that entry was forbidden.

"A person commits an offense if the person enters or remains on or in property of another... without effective consent and the person had notice that the entry was forbidden or received notice to depart but failed to do so."

Tex. Penal Code § 30.05 (criminal trespass) statute

Federal law independently criminalizes carrying a concealed dangerous weapon (including a loaded or accessible firearm) on or attempting to board an aircraft, or knowingly placing such a weapon on an aircraft. This federal prohibition applies past TSA screening regardless of state permitless-carry status, paralleling Texas Penal Code § 46.03(a)(5).

"An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the individual... when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight."

49 U.S.C. § 46505 (federal — airport secured area / carrying weapon aboard aircraft) atf

Carrying a firearm on the premises of a racetrack is an offense under Tex. Penal Code § 46.03(a)(4).

"on the premises of a racetrack."

Tex. Penal Code § 46.03(a)(4) (racetrack) statute

Carrying a firearm on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place is an offense under Tex. Penal Code § 46.03(a)(8), unless the person is a participant in the event using a firearm appropriate to the event.

"on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm is used in the event."

Tex. Penal Code § 46.03(a)(8) (sporting event) statute

Carrying a firearm on the premises of a correctional facility is an offense under Tex. Penal Code § 46.03(a)(9).

"on the premises of a correctional facility."

Tex. Penal Code § 46.03(a)(9) (correctional facility) statute

Carrying a firearm on the premises of a civil commitment facility (a)(10), a hospital licensed under Chapter 241 Health & Safety Code or a nursing facility licensed under Chapter 242 (a)(11), or a mental hospital as defined by Section 571.003 Health & Safety Code (a)(12) is an offense unless the person has written authorization from the facility administrator.

"on the premises of a civil commitment facility... on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration."

Tex. Penal Code § 46.03(a)(10)–(12) (civil commitment facility / hospital / nursing facility) statute

Carrying a firearm in an amusement park is an offense under Tex. Penal Code § 46.03(a)(13). 'Amusement park' is statutorily defined as a permanent indoor or outdoor facility with rides, that has a minimum of 20 acres of usable surface, has security guards on the premises, and has at least one entrance with controlled access.

"in an amusement park."

Tex. Penal Code § 46.03(a)(13) (amusement park) statute

Texas has no state law requiring a background check for private, in-state firearm transfers between unlicensed individuals. Federally licensed dealers must run a NICS check on every transfer; Texas does not act as a point-of-contact state and NICS checks go directly to the FBI.

"Generally, the Gun Control Act of 1968, as amended, prohibits a Federal firearms licensee (FFL) from transferring a firearm without a background check from the National Instant Criminal Background Check System (NICS)."

18 U.S.C. § 922(t) (federal NICS) — no Texas state requirement atf

Federal law requires handgun purchases from a federally licensed dealer be made by a buyer at least 21 years old, and long-gun purchases at least 18. Texas adds no further state-level purchase age. Private in-state transfers between unlicensed Texas adults are not governed by these federal FFL minimums.

"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."

18 U.S.C. § 922(b)(1) (federal) atf

Texas does not require registration of firearms and the state preemption statute bars municipalities from creating registration regimes. There is no statewide firearm registry.

"A municipality may not adopt regulations relating to: (1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies."

Tex. Local Gov't Code § 229.001 (preemption) — no firearm registry statute secondary

Texas has not enacted an extreme risk protection order (red flag) law. SB 1362 (89R), titled the Anti-Red Flag Act, was signed June 2, 2025 and takes effect September 1, 2025. It creates Chapter 7C of the Code of Criminal Procedure prohibiting state and local entities from adopting, recognizing, serving, or enforcing an ERPO not authorized by Texas law; serving or enforcing an unauthorized ERPO is a state jail felony, and any federal ERPO infringing constitutional rights is declared unenforceable as against Texas public policy.

"This Act shall be known as the 'Anti-Red Flag Act.'... A person commits an offense if the person knowingly serves or enforces an extreme risk protective order... An offense under this article is a state jail felony."

Acts 2025, 89th Leg., R.S., SB 1362 (Anti-Red Flag Act); Tex. Code Crim. Proc. art. 7C statute

Texas has no state assault-weapons ban and preempts local governments from adopting one. Regulation of firearm ownership, possession, and transfer is reserved to the state.

"A municipality may not adopt regulations relating to: (1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms... ammunition, or firearm or air gun supplies."

Tex. Local Gov't Code § 229.001 (preemption); no state AWB secondary

Texas imposes no magazine-capacity limit and preempts local governments from imposing one.

"A municipality may not adopt regulations relating to: (1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies."

Tex. Local Gov't Code § 229.001 (preemption); no capacity statute secondary

Texas's prohibited-weapons statute lists explosive weapons, machine guns, armor-piercing ammunition, chemical dispensing devices, zip guns, tire deflation devices, and improvised explosive devices. Possession of an explosive weapon or machine gun is excepted when the item is registered in the National Firearms Registration and Transfer Record (NFA) or is exempt from registration. Effective September 1, 2025, SB 1596 (89R) removed short-barrel firearms from this prohibited list; suppressors were never enumerated in § 46.05.

"A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (A) an explosive weapon; (B) a machine gun."

Tex. Penal Code § 46.05 (as amended by SB 1596, 89R) secondary

SB 1596, signed June 20, 2025 and effective September 1, 2025, struck 'short-barrel firearm' from the list of items prohibited under Penal Code § 46.05, conforming state law to federal NFA treatment. Texas residents may now possess NFA-registered SBRs and SBSs without a parallel state-law violation.

"AN ACT relating to the prohibition of short-barrel firearms... This Act takes effect September 1, 2025."

Acts 2025, 89th Leg., R.S., SB 1596 statute

Texas preempts municipal regulation of firearm transfer, ownership, possession, transportation, licensing, registration, commerce, and discharge at sport shooting ranges. Municipalities retain narrow authority over generally applicable zoning, fire codes, business ordinances, discharge of firearms within municipal limits (other than at ranges), and explosive storage. The attorney general may sue to enjoin violations.

"A municipality may not adopt regulations relating to: (1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories."

Tex. Local Gov't Code § 229.001 secondary

Effective September 1, 2021, HB 1927 established permitless carry, allowing any person 21 or older who is not federally prohibited and not in a disqualifying conviction class to carry a handgun openly (in a holster if visible) or concealed without a license.

"AN ACT relating to provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm... This Act takes effect September 1, 2021."

Acts 2021, 87th Leg., R.S., HB 1927 (Firearm Carry Act of 2021) statute

HB 4595 (88R), effective September 1, 2023, repealed former Penal Code § 46.035 (Unlawful Carrying of Handgun by License Holder), the section that had imposed LTC-specific carry restrictions. Most operative restrictions on license holders are now found in PC § 46.03 (places weapons prohibited) and § 46.02 (general carrying rules), which apply uniformly to permit and permitless carriers.

"Repealed by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.004, eff. September 1, 2023."

Acts 2023, 88th Leg., R.S., HB 4595 (repeal of former PC 46.035) statute

SB 1362 (89R), signed June 2, 2025 and effective September 1, 2025, created Chapter 7C of the Code of Criminal Procedure. The Anti-Red Flag Act bans Texas entities from adopting, recognizing, serving, or enforcing extreme risk protective orders unless specifically authorized by Texas law, makes knowing service or enforcement of an unauthorized ERPO a state jail felony, and bars receipt of federal funding to implement ERPOs.

"Relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders; creating a criminal offense... This Act takes effect September 1, 2025."

Acts 2025, 89th Leg., R.S., SB 1362 (Anti-Red Flag Act) statute

SB 1596 (89R), signed June 20, 2025 and effective September 1, 2025, removed 'short-barrel firearm' from the list of items prohibited by Penal Code § 46.05, conforming state law to federal NFA treatment. Suppressors, machine guns (still prohibited absent NFA registration), and other NFA items are otherwise unchanged.

"AN ACT relating to the prohibition of short-barrel firearms... This Act takes effect September 1, 2025."

Acts 2025, 89th Leg., R.S., SB 1596 (short-barrel firearms removal) statute

Former Penal Code § 46.035 imposed LTC-specific carry restrictions (including the rules later relied on for higher-education campus carry opt-outs). HB 4595 (88R) repealed § 46.035 effective September 1, 2023; remaining substantive prohibitions for both license holders and permitless carriers are now consolidated under §§ 46.02 and 46.03.

"Repealed by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.004, eff. September 1, 2023."

Former Tex. Penal Code § 46.035 (Unlawful Carrying of Handgun by License Holder) — repealed statute

SB 1362 (89R), signed June 2, 2025, created Code of Criminal Procedure Chapter 7C. The Anti-Red Flag Act bars Texas state and local entities from adopting, recognizing, serving, or enforcing extreme risk protective orders unless authorized by Texas law; criminalizes knowing service or enforcement of an unauthorized ERPO as a state jail felony; and prohibits acceptance of federal funding to implement ERPOs against Texas residents.

Acts 2025, 89th Leg., R.S., SB 1362

SB 1596 (89R), signed June 20, 2025, struck 'short-barrel firearm' from Penal Code § 46.05's prohibited-weapons list. Texas residents may now possess NFA-registered SBRs and SBSs without a parallel state-law violation. Machine guns and explosive weapons remain on the list, subject to the existing NFA-registration exception.

Acts 2025, 89th Leg., R.S., SB 1596

HB 4595 (88R), as part of a broader statutory non-substantive revision, repealed former Penal Code § 46.035 (Unlawful Carrying of Handgun by License Holder). Following permitless carry, the LTC-specific restrictions in that section were largely redundant; remaining substantive prohibitions are consolidated under § 46.02 and § 46.03, which now apply uniformly to permit holders and permitless carriers.

Acts 2023, 88th Leg., R.S., HB 4595, Sec. 17.004

HB 1927, signed June 16, 2021, amended Penal Code § 46.02 to authorize any person 21 or older who is not federally prohibited and not within a disqualifying conviction class to carry a handgun openly (in a holster if visible) or concealed without a License to Carry. The LTC system was preserved for optional benefits including reciprocity and campus carry.

Acts 2021, 87th Leg., R.S., HB 1927