Texas has built a reputation as one of America’s most gun-friendly states, and for good reason. Walk down any street in Fort Worth or Dallas, and you’re likely passing several people legally carrying handguns – something that would have required a license and extensive paperwork just a few years ago.

The Lone Star State’s 2021 permitless carry law made headlines nationwide, essentially allowing most adults to carry a handgun without jumping through the traditional licensing hoops.

But here’s where things get tricky: “permitless” doesn’t mean “restriction-free.” Despite the relaxed rules, Texas still has specific requirements about who can carry, and violating these rules can land you in serious legal trouble. Understanding these eligibility requirements isn’t just about following the law – it’s about protecting yourself from criminal charges that could change your life forever.

Age and Basic Eligibility Requirements

Texas’s 2021 permitless carry law eliminated the need for most adults to obtain a license to carry a handgun in public, but it didn’t eliminate all requirements. Understanding these basic eligibility criteria is crucial for staying on the right side of the law.

• Standard Age Requirement: You must typically be at least 21 years old to carry a handgun in Texas under the permitless carry law
• 18-20 Year Old Exception: A 2022 court decision now allows 18-to-20-year-olds to carry handguns as well, expanding the law beyond its original scope
• Long Gun Distinction: Texas doesn’t impose specific age restrictions on carrying rifles or shotguns under state law, though federal regulations may still apply
• Federal Law Override: Even when Texas law permits something, federal restrictions can still apply and take precedence over state permissions
• Permitless vs. Unrestricted: Remember that “permitless carry” simply means no license is required – it doesn’t mean anyone can carry anywhere under any circumstances

Where You Can and Cannot Carry in Texas

Understanding where you can legally carry a firearm is just as important as knowing whether you’re eligible to carry in the first place. Texas generally allows carrying wherever it’s not specifically prohibited, but there are numerous locations where firearms are strictly forbidden.

• Always Prohibited Locations: Certain locations are always off-limits for firearms regardless of your carrying status. These include schools (K-12), polling places during elections, courts and courthouses, airports beyond security checkpoints, and government meetings.
• Private Property Rights: Private property owners and businesses have the right to prohibit firearms on their premises. In Texas, they must post specific signage (30.06 signs for concealed carry, 30.07 signs for open carry) or provide clear verbal notice to legally exclude firearms. If proper notice is given and you enter anyway, you can face criminal trespass charges.
• Alcohol-Related Businesses: Businesses that derive more than 51% of their revenue from alcohol sales (typically bars and nightclubs) prohibit firearms entirely. Restaurants that serve alcohol but make most of their money from food are generally okay for carry, but you still cannot carry while intoxicated.
• Vehicle Carry Considerations: While you can generally keep a firearm in your vehicle, there are specific rules about how it must be stored and transported. The gun should be concealed from plain view unless it’s in a holster, and you need to be aware of where you park.

Criminal History and Legal Disqualifications

While Texas allows permitless carry for eligible adults, certain criminal history and legal situations can still disqualify someone from carrying a firearm. These restrictions exist for public safety reasons, and violating them can result in serious felony charges.

• Felony Convictions: If you have a felony conviction that restricts your firearm rights under Texas law, you cannot legally carry a handgun. This disqualification can be complex in practice, as some felonies may not permanently restrict gun rights while others do. Understanding Texas firearm laws for felons is crucial if you have a criminal history.
• Recent Misdemeanor Convictions: Certain types of recent misdemeanor convictions can also disqualify you from carrying. These typically involve crimes of violence, domestic violence, or other offenses that suggest a person might pose a risk if armed.
• Active Protective Orders: Being subject to an active protective order automatically disqualifies you from carrying a firearm. Violating this restriction while under a protective order can result in additional serious charges.
• Federal Restrictions: Federal law can override state permissions, meaning that even if Texas says you can carry, federal restrictions might still apply to your situation.
• Intoxication Prohibition: You cannot legally carry while intoxicated, though there are limited exceptions to this rule in certain situations.

Proper Carrying Methods and Common Violations

Even when you’re legally eligible to carry a firearm, the manner in which you carry it can still result in criminal charges. For visible handgun carry, Texas requires the weapon to be in a holster – any type of holster will satisfy this requirement. This rule doesn’t apply to concealed carry, where no holster is required.

Vehicle carry presents its own set of challenges. Many people assume that if they can legally possess a handgun, they can keep it anywhere in their car. However, if the gun is in plain view but not secured in a holster, you could face unlawful carrying charges even though the gun itself is legal. Understanding what the Texas Penal Code says about firearm crimes can help you avoid these common pitfalls.

One of the most serious situations occurs when you’re carrying a firearm while committing another offense, even a minor one. For example, if you have drug paraphernalia in your vehicle and get cited for possession, having a handgun in your glove box – which would normally be perfectly legal – suddenly becomes illegal possession of a firearm. This can escalate a simple misdemeanor into a serious felony charge.

Another critical aspect involves understanding your rights regarding self-defense situations. If you find yourself in a position where you need to use a firearm for protection, knowing Texas self-defense misconceptions can be the difference between lawful self-defense and criminal charges.

Additionally, even accidental situations can lead to serious legal consequences. An accidental discharge of a firearm can result in criminal charges, regardless of your intentions or permit status.

Get Expert Legal Representation

Understanding who can carry a gun in Texas is just the first step – knowing what to do when things go wrong is what really matters. Even when you believe you’re following all the rules, a simple misunderstanding about carrying requirements, an unexpected traffic stop, or being in the wrong place at the wrong time can result in serious criminal charges.

At Norris Legal Group, we’ve built our practice on the principles of Dignity, Trust, and Fight, handling over 3,600 cases and securing more than 400 dismissals for clients who thought their situations were hopeless. Contact us today for a consultation and let our experienced criminal defense attorneys help you navigate the legal system with confidence.