US citizens over the age of 21 can carry a firearm in Texas, provided they don’t have certain criminal convictions, including domestic violence and felony cases. Individuals with protective and restraining orders are also prohibited from carrying a firearm in Texas. Additionally, many probation, Deferred Adjudication, and bond conditions restrict the possession and carrying of firearms. Violation of these court prohibitions can lead to criminal charges in Texas.
- Can you carry a gun in Texas without a license? Yes, an individual may legally carry a gun in Texas without a license as long as the gun is holstered or concealed. Generally, an individual must be over 21 years old and not have certain criminal convictions or protective orders, and not be intoxicated to carry a firearm in public. Texans may still obtain a License to Carry a Handgun as it confers additional benefits, like the ability to carry on college campuses and certain businesses.
- Who is prohibited from carrying a firearm in Texas? Felons, and those convicted of domestic violence offenses are prohibited from carrying a firearm in Texas. Additionally, individuals subject to protective orders may not legally carry a firearm. Texas probation, Deferred Adjudication, and bond conditions also frequently prohibit Defendants from carrying firearms.
CAN I LEGALLY CARRY A GUN IN MY VEHICLE IN TEXAS?
A person may transport a gun in their vehicle as long as the gun is holstered and not in plain view. It is illegal, even for Texas License to Carry permit holders, to carry a gun in a vehicle or watercraft if it is unholstered, in plain view, or if the individual is engaged in other criminal conduct.
- Can anyone open carry in Texas? No, minors under 21, intoxicated persons, and felons may not open carry pursuant to the law of Texas. Individuals with domestic violence convictions and protective orders are also prohibited from the open carry of firearms.
- Can you carry a loaded gun on your person in Texas? Texas law allows the open carry of firearms with no distinction as to whether the firearm is loaded or not.
DO YOU HAVE TO TELL POLICE YOU HAVE A GUN IN THE CAR IN TEXAS?
There is no legal requirement to inform law enforcement about the presence of a firearm in a vehicle. All persons have a constitutional right to remain silent and not answer law enforcement officer interrogations.
- Can you keep a gun in your glove box in Texas? Yes, a motorist may transport a gun in their motor vehicle glove box. However, felons and individuals with domestic violence convictions or protective orders may not carry a firearm as this can lead to additional criminal charges in Texas.
- What disqualifies you from owning a gun Texas? Felony and domestic violence convictions, as well as protective orders are all disqualifications for gun ownership in Texas. Under Texas law however, a felon can own and possess a gun only in their home five years after completion of any jail or prison sentence, probation, or parole. Under federal law in the United States Code, it is illegal for a convicted felon to ever possess a gun, including at home. Felons are therefore restricted from hunting with firearms and participating in shooting sports.
CAN I SHOOT A GUN IN MY BACKYARD IN TEXAS?
A person can shoot a gun in their backyard in self-defense against another’s use of deadly force. A person may also fire a gun on certain large, sparsely populated rural properties provided they are not reckless in aiming at buildings or other individuals. Shooting a firearm in a backyard is otherwise a criminal offense in municipalities of at least 100,000 inhabitants.
- Can you carry a gun in Walmart in Texas? Walmart – and any business – can and does prohibit the possession of firearms on their premises. Violation of these restrictions is a criminal offense for Texas License to Carry Holders regardless of whether they open or conceal carry.
- Can I carry my AR 15 pistol in my car? Yes, an individual may transport an AR 15 pistol in their motor vehicle as long as they are legally permitted to possess a firearm, the weapon is stored out of plain view, and the person is not engaged in criminal conduct.
WHAT ARE THE REQUIREMENTS FOR CONCEALED CARRY IN TEXAS?
A person may carry a concealed gun in Texas without a permit if the person is over 21, has no felony convictions or domestic violence criminal records, no protective orders, and is not intoxicated. However, many Texas bond and probation conditions restrict gun rights and violation of these provisions can lead to an arrest warrant or a Motion to Revoke Probation. Texans seeking to obtain a License to Carry may otherwise explore and submit the required information on the Texas Department of Public Safety website.
- Can you carry your gun around in your car without concealed carry? Yes, those who are legally permitted to carry a gun may transport their weapon in their car without a Texas License to Carry as long as the gun is not in plain view and the person is not engaged in criminal conduct.
- Is Texas a stand your ground state? Yes, Texas is a stand your ground state, which means an individual has no duty to retreat whether they are on their property (Castle Doctrine) or lawfully present elsewhere– a person can use deadly force in self defense if reasonably necessary to protect themselves against another’s use of deadly force if they are not engaged in criminal conduct and did not provoke the assault or encounter.
IS CONCEALED CARRY ALLOWED IN HEB?
HEB – and any business – can and does prohibit the possession of firearms on their premises. Violation of these restrictions is a criminal offense for Texas License to Carry Holders regardless of whether they open or conceal carry.
- Can you have an unregistered gun in your home in Texas? State law does not require the registration of firearms despite some movements to address gun violence and gun control in Texas. Gun laws in Texas favor constitutional carry theories and do not impose great amounts of regulation.
- Does your gun have to be visible in Texas? No, a person may carry a concealed gun as long as they are lawfully permitted to possess a firearm and are not intoxicated or engaged in criminal activity, such as Disorderly Conduct.
IS CARRYING AN UNREGISTERED GUN A FELONY IN TEXAS?
Texas, having some of the most gun-friendly policies in the nation, does not require the registration of guns in any legislation or Texas Penal Code provisions. Gun laws in Texas align with broader constitutional carry theories favoring the loosening of gun regulations like campus carry in the United States.
- Does open carry mean you can walk around with firearms? Texas open carry policies allow an individual to walk around with a concealed or holstered gun so long as they are lawfully permitted to possess firearms, and are not intoxicated or committing a crime. An individual who intentionally displays an unholstered gun is subject to class A misdemeanor criminal charges though.
- Is Texas open carry handgun? Yes, a person may openly carry a holstered handgun without a permit in Texas provided they are over 21 and not otherwise restricted from the possession of firearms. Individuals with felony conviction, including for Robbery and Burglary, and those with domestic violence Assault criminal records may not open carry in Texas.
DO YOU NEED A HOLSTER TO OPEN CARRY IN TEXAS?
Yes, a person must carry their handgun in their holster to legally open carry in Texas. There are no holster requirements if the person is carrying a concealed handgun. The intentional display of an unholstered handgun is a Texas Penal Code criminal offense, usually punishable as a class A misdemeanor in Texas.
- How much is a license to carry in Texas? It costs $40 to submit an original application or a renewal for a Texas License to Carry. Individuals can obtain additional fee and background check details on the Texas Department of Public Safety website.
- What does Mexican carry mean? Mexican carry refers to the method of carrying an unholstered gun in a person’s waistband. This is a dangerous practice with a great risk of injury and is therefore subject to criminal charges in Texas. Gun laws in Texas encourage individuals to practice gun safety in compliance with state criminal code and statute.
CAN YOU HAVE A GUN IN YOUR TRUNK IN TEXAS?
Yes, a person can transport a gun in their trunk in Texas if they are permitted to possess firearms and are not intoxicated or otherwise engaged in criminal conduct.
TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE
Trey Porter Law is one of the highest and best rated criminal defense firms in Texas. Recipients of statewide and national recognition, the advocates at TPL know how to fight and win for their clients. With over 40 years of combined experience in every facet of criminal defense, TPL has delivered successful outcomes for thousands of Texans facing intoxication and criminal charges. From students to teachers, veterans to first responders, and professionals across varied industries, the firm brings a results-oriented & client-focused approach to solving complex problems. Learn more.
