how to legally carry a gun
How to Legally Carry a Gun in Texas

Graham Norris

I founded Norris Legal Group to advocate for people who have been accused of a crime.

Texas earned its reputation as a gun-friendly state, but here’s what might surprise you: more Texans get arrested for firearm violations than you’d expect. Despite the Lone Star State’s strong gun culture and constitutional carry laws, the legal landscape is filled with nuances that can turn a law-abiding citizen into a defendant overnight.

The reality is that Texas gun laws are more complex than most people realize. While the state allows permitless carry, there are still dozens of rules governing who can carry, where they can carry, and how they must carry their firearms. A simple mistake—like having your gun visible in your car without a holster or carrying while you have rolling papers in your vehicle—can result in criminal charges ranging from misdemeanors to serious felonies.

Who Can Legally Carry a Gun in Texas

While Texas allows permitless carry as of 2021, not everyone qualifies for this right. The state still maintains specific eligibility requirements that every gun owner must understand before carrying a firearm in public.

  • Age Requirements: You must be at least 21 years old to carry a handgun under standard Texas law. However, a 2022 court decision now allows individuals aged 18-20 to carry handguns as well, though this remains a developing area of law.
  • Criminal History Restrictions: You cannot carry if you have a felony conviction that restricts your firearm rights under Texas law. Understanding Texas firearm laws for felons is essential if you have prior convictions. Certain recent misdemeanor convictions can also disqualify you from carrying legally.
  • Legal Status Issues: Active protective orders automatically disqualify you from carrying firearms. Additionally, if federal law restricts you from possessing firearms for any reason, Texas law won’t protect you.
  • Intoxication Restrictions: You cannot carry while intoxicated by alcohol or drugs, though there are limited exceptions for certain situations like being in your own home or business.
  • Mental Health Considerations: Individuals who have been adjudicated as mentally defective or committed to a mental institution are prohibited from carrying under federal law.
  • Citizenship Requirements: You must be legally present in the United States to carry a firearm under Texas permitless carry laws.

Penalties for Violating Texas Gun Laws

Understanding the potential consequences of firearm violations is crucial for making informed decisions about gun ownership and carrying in Texas. The penalties vary significantly based on the specific violation and circumstances.

  • Unlawful Carry of a Weapon: Usually charged as a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. This is the most common firearm charge in Texas. Understanding what the Texas Penal Code says about firearm crimes can help you avoid these charges.
  • Possession in Restricted Locations: Can be charged as a third-degree felony, carrying up to 10 years in prison and a $10,000 fine. This applies to carrying in schools, government buildings, and other prohibited areas.
  • Possession by a Prohibited Person: A third-degree felony punishable by up to 10 years in prison. This includes individuals with disqualifying criminal histories or legal restrictions.
  • Using a Gun During Another Crime: Can lead to enhanced penalties and additional charges. For example, armed robbery may become a first-degree felony with potential life imprisonment.
  • Federal Violations: Federal gun crimes often carry stricter mandatory minimum sentences, ranging from 5 to 30 years depending on the offense, though federal prosecution is less common for typical carrying violations.
  • Enhanced Penalties: Prior convictions, particularly those involving firearms or violence, can result in significantly harsher sentences under Texas’s repeat offender laws.

How to Carry Your Gun Legally in Texas

The way you carry your firearm can be the difference between exercising your legal rights and facing criminal charges. Even minor details about how your gun is positioned, secured, or stored can have major legal consequences.

Open Carry Requirements

If you’re carrying a handgun that’s visible to others, Texas law requires it to be in a holster. The law doesn’t specify what type of holster—it just must be “a holster.” This requirement applies whether you’re walking down the street or sitting in your car. Failing to use a holster for visible handgun carry can result in unlawful carrying charges, even if you’re otherwise legally allowed to possess the firearm.

Concealed Carry Guidelines

When carrying a concealed handgun, you don’t need a holster under Texas law. The key is that the firearm must be completely hidden from view. However, if any part of the gun becomes visible—even accidentally—you’ll need that holster to stay legal.

Vehicle Carry Rules

Carrying firearms in vehicles involves specific rules that trip up many gun owners. You can legally keep a handgun in your car, including in your glove compartment or console. However, if the gun is visible from outside the vehicle, it must be in a holster. This means a gun lying loose on your passenger seat could violate the law, while the same gun in a holster would be perfectly legal.

Avoiding Disorderly Conduct

Texas law prohibits displaying a firearm in public in a manner calculated to alarm others. This applies to all firearms, not just handguns. This type of behavior can result in deadly conduct with a firearm charges. Even legal gun owners can face charges if they handle their weapons in ways that reasonably frighten other people.

Where You Can and Cannot Carry in Texas

Texas maintains numerous location-based restrictions that every gun owner must understand. Violating these restrictions can result in felony charges, even for otherwise law-abiding citizens.

Always prohibited locations include schools, polling places during elections, courts, and airports. These restrictions apply regardless of your carrying status and have no exceptions for licensed or unlicensed carriers.

Private property owners have broad rights to prohibit firearms on their premises. Businesses must post specific signage or provide verbal notice if they don’t allow guns. Ignoring these restrictions can result in criminal trespass charges in addition to firearm violations.

Alcohol-related restrictions apply to businesses that derive 51% or more of their income from alcohol sales. These locations are off-limits for all firearm carrying, and violations can result in third-degree felony charges.

School and campus rules vary significantly. K-12 schools are generally completely off-limits for firearms, while college campuses have more complex rules that may allow certain types of carrying in specific areas.

Common Mistakes That Lead to Criminal Charges

The most common firearm offense in Texas is unlawful carrying of a weapon, often resulting from mistakes that well-intentioned gun owners never saw coming.

  • Improper Vehicle Storage: Having a visible firearm in your car without a holster is one of the most frequent violations. Even if the gun is legally owned and you’re legally allowed to carry it, improper storage can result in Class A misdemeanor charges. Even situations involving accidental discharge of a firearm while in vehicles can compound these charges.
  • Carrying During Other Violations: If you’re accused of any other crime—even minor offenses like possession of drug paraphernalia—having a firearm can transform that misdemeanor into a more serious charge.
  • Location Violations: Accidentally carrying into prohibited locations is surprisingly common. Many gun owners don’t realize certain businesses or areas are off-limits until they’re already facing charges.
  • Intoxication-Related Violations: The line between legal consumption and intoxication can be blurry. Even small amounts of alcohol or legal prescription medications can potentially violate carrying restrictions.
  • Interstate Travel Complications: Texas laws don’t protect you in other states. Guns that are legal to carry in Texas may violate laws in neighboring states, creating serious legal problems for travelers.

Additionally, it’s important to understand Texas self-defense misconceptions that could lead to criminal charges even when you believe you’re acting within your rights.

Get Experienced Texas Firearm Defense

Texas firearm laws create a complex web of regulations that can ensnare even the most conscientious gun owners. One moment of confusion about holster requirements, prohibited locations, or proper vehicle storage can result in serious criminal charges that threaten your freedom, your reputation, and your future.

At Norris Legal Group, we understand that firearm charges often involve good people who made honest mistakes or found themselves in situations they never anticipated. With over 3,600 cases handled and more than 400 dismissals achieved, we’ve helped countless Texans overcome firearm charges and reclaim control of their futures. Contact us today for experienced defense representation.

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Meet the Attorneys

Principal Attorney Graham Norris is an award-winning defense attorney and former Tarrant County prosecutor. Graham has earned countless dismissals and not guilty verdicts on charges ranging from misdemeanor assault to felony murder. Over the past decade, Graham has been recognized by Fort Worth Magazine as a Top Attorney, Texas Monthly Super Lawyers as a Rising Star, and named to The National Trial Lawyers Top 40 Under 40. 

Kyle Fonville, Attorney Of-Counsel 

Graham Norris, Principal & Founder

Of-counsel Attorney Kyle Fonville is a trial and appellate attorney who graduated first in his class from Texas Wesleyan University School of Law (now Texas A&M University School of Law). He is admitted to practice before all Texas courts, the Fifth Circuit Court of Appeals, as well as the District Courts for the Northern, Eastern, and Western Districts of Texas.

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