Walking through downtown Dallas on a Saturday afternoon, you might notice something that would have been shocking just a few years ago—citizens openly carrying handguns on their hips. What was once reserved for law enforcement officers and security guards is now a common sight across Texas, thanks to sweeping changes in the state’s firearm laws.
But here’s what many gun owners don’t realize: the freedom to carry doesn’t mean freedom from consequences. Despite Texas’s reputation as a gun-friendly state, the laws governing how you can carry a firearm are filled with technical requirements, location restrictions, and penalty provisions that can transform a legal gun owner into a criminal defendant with a single mistake.
Understanding the difference between open carry and concealed carry isn’t just about choosing how to exercise your Second Amendment rights—it’s about protecting yourself from criminal charges that could change your life forever.
Texas Open Carry Laws: What You Can and Cannot Do
Since 2016, Texas has allowed licensed individuals to openly carry handguns, and the 2021 constitutional carry law expanded this right to most adults who can legally possess firearms. However, open carry comes with specific requirements that many gun owners overlook.
The Holster Requirement
The most critical rule for open carry in Texas is deceptively simple: your handgun must be in a holster. According to Texas Penal Code Section 46.035, any visible handgun must be secured in “a holster.” The law doesn’t specify what type of holster or require particular features—it just must be a holster.
This seemingly minor detail trips up many gun owners. A handgun tucked into your waistband, lying loose on your car seat, or carried in your hand—even if you’re legally allowed to possess it—violates the holster requirement and can result in unlawful carrying charges.
Age and Eligibility Requirements
While Texas allows permitless carry for most adults, you must be at least 21 years old to openly carry a handgun under standard provisions. A 2022 federal court decision expanded this to include 18-20 year olds, though this remains an evolving area of law that creates confusion for both gun owners and law enforcement.
Where Open Carry is Prohibited
Open carry follows the same location restrictions as concealed carry, but the visible nature of the weapon can create additional complications. Private businesses can prohibit open carry by posting 30.07 signs, and many establishments that allow concealed carry still ban visible weapons to avoid alarming customers.
Key prohibited locations include all K-12 schools, polling places during elections, court facilities, and the secured areas of airports. According to the Texas Legislature, violations in these areas can result in third-degree felony charges carrying up to 10 years in prison.
Concealed Carry in Texas: Rights and Restrictions
Concealed carry offers more flexibility than open carry in many situations, but it comes with its own set of rules and potential pitfalls that gun owners must understand.
No Holster Required
Unlike open carry, Texas law doesn’t require a holster for concealed handguns. As long as the weapon is completely hidden from view, you can carry it however you choose. However, if any part of the gun becomes visible—even accidentally—and it’s not in a holster, you could face unlawful carrying charges.
The “Intentionally Displayed” Standard
Texas Penal Code distinguishes between accidental display and intentional exhibition of a concealed weapon. If your jacket shifts and briefly reveals your gun, that’s generally not a violation. However, intentionally showing your weapon to intimidate or threaten others can result in deadly conduct with a firearm charges.
Private Property Considerations
Business owners can prohibit concealed carry by posting 30.06 signs that meet specific legal requirements. These signs must be in both English and Spanish, displayed prominently, and use exact statutory language. However, many businesses post invalid signs that don’t carry legal weight, creating confusion for both property owners and gun carriers.
Understanding Texas firearm laws for felons is also crucial, as prior convictions can eliminate your right to carry concealed weapons even if Texas allows permitless carry for other adults.
Vehicle Carry: Special Rules and Common Violations
Carrying firearms in vehicles represents one of the most complex areas of Texas gun law, with rules that differ significantly from carrying on foot. These regulations catch many gun owners off guard and result in frequent arrests and charges.
Storage Requirements Texas allows you to keep a handgun in your vehicle, but specific storage rules apply. If the weapon is visible from outside the vehicle, it must be in a holster—the same requirement that applies to open carry on foot. A gun lying loose on your passenger seat or dashboard violates this rule, even if you’re legally allowed to possess the weapon.
Plain View vs. Concealed Storage Many gun owners assume they can keep firearms anywhere in their vehicles as long as they own them legally. However, the distinction between visible and concealed storage matters enormously. A handgun in your glove compartment or console is generally legal, while the same gun on your dashboard without a holster could result in criminal charges.
Interstate Travel Complications Texas carry laws don’t protect you in other states, and what’s perfectly legal in Texas can become a serious felony when you cross state lines. The Traveler’s Guide to Firearm Laws published by the NRA provides crucial information for gun owners who travel with their weapons.
Understanding what the Texas Penal Code says about firearm crimes helps clarify these vehicle storage requirements and their relationship to other criminal charges.
Common Mistakes and Legal Consequences
Even well-intentioned gun owners make mistakes that can result in serious criminal charges. Understanding these common pitfalls can help you avoid turning legal gun ownership into a criminal case.
Compound Violations One of the most serious situations occurs when firearm possession becomes illegal due to another offense. For example, if you’re cited for possession of drug paraphernalia and have a legally owned gun in your car, the firearm possession can become criminal contraband. This transforms what might have been a simple misdemeanor into a more serious felony charge.
Location Mistakes Accidentally carrying into prohibited locations represents another common violation. Many gun owners don’t realize that certain businesses, government buildings, or special events are off-limits until they’re already facing charges. The key is understanding that ignorance of location restrictions isn’t a legal defense.
Self-Defense Situations Gone Wrong While Texas has strong self-defense laws, misunderstanding these protections can lead to criminal charges. Many people hold Texas self-defense misconceptions that can result in inappropriate use of force. Understanding Texas Penal Code self-defense statutes is crucial before you ever find yourself in a threatening situation.
Alcohol and Intoxication Issues Texas law prohibits carrying while intoxicated, but the definition of “intoxicated” can be broader than many people realize. Even legal prescription medications can potentially violate carrying restrictions if they impair your mental or physical faculties.
Penalties and Long-Term Consequences
The penalties for violating Texas carry laws vary significantly based on the specific offense and circumstances, but even minor violations can have lasting consequences that extend far beyond fines and jail time.
Misdemeanor Violations Most unlawful carrying charges start as Class A misdemeanors, punishable by up to one year in jail and $4,000 in fines. While this might seem manageable compared to felony charges, a conviction creates a permanent criminal record that affects employment, housing, and firearm ownership rights.
Felony Escalation Certain violations automatically become felonies, particularly those involving prohibited locations or compound offenses. Third-degree felony convictions carry 2-10 years in state prison and can result in permanent loss of gun rights, professional licensing issues, and difficulty securing employment or housing.
Enhanced Penalties Prior convictions, especially those involving firearms or violence, can significantly increase penalties under Texas’s repeat offender laws. What might normally be a misdemeanor can become a felony for someone with previous convictions.
Even situations involving accidental discharge of a firearm can result in serious charges if they occur while carrying in violation of state law.
Protecting Your Rights and Future
Texas’s carry laws provide significant freedoms for gun owners, but these rights come with responsibilities that extend far beyond basic firearm safety. Understanding the technical requirements, location restrictions, and potential penalties isn’t just about legal compliance—it’s about protecting your freedom, your family, and your future.
The consequences of carry violations can be severe and long-lasting, affecting not just your criminal record but your ability to own firearms, maintain professional licenses, and secure employment. When mistakes happen or charges are filed, experienced legal representation becomes essential for protecting your constitutional rights and minimizing the impact on your life.
Don’t let a misunderstanding about Texas carry laws destroy your future. If you’re facing firearm charges or need guidance about your carrying rights, contact qualified legal counsel immediately to ensure your rights are protected and your case is handled with the experience and dedication it deserves.
Read the Comments +