Texas lets most adults carry a concealed handgun in public without a permit. That change took effect in September 2021 under the Firearm Carry Act, and it applies to anyone 21 or older who can legally possess a firearm and has no recent disqualifying conviction.1Texas Department of Public Safety. Firearm Carry Act Every prior restriction on who can possess a gun and where guns are banned survived the change, so the concealed carry laws in Texas today are best understood as permitless carry sitting on top of the old rulebook.
Who Can Carry Concealed Without a License
The statute sets the minimum age at 21. A 2022 federal ruling in Firearms Policy Coalition, Inc. v. McCraw blocked Texas from enforcing that floor against 18-to-20-year-olds, and the Department of Public Safety no longer prosecutes or denies applications on that basis alone.2Texas State Law Library. Carry of Firearms – Gun Laws
Age is not the whole test. You cannot carry if, within the previous five years, you have been convicted of assault causing bodily injury, deadly conduct, making a terroristic threat, or certain disorderly conduct offenses.3State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons You are also barred if a protective order names you or if federal law forbids you from possessing any firearm.
That federal floor sits underneath everything. Under 18 U.S.C. § 922(g), you cannot possess a firearm or ammunition if you have a felony conviction, are under felony indictment, have been adjudicated mentally incompetent or committed, use or are addicted to a controlled substance, are subject to a domestic restraining order, or have a misdemeanor domestic violence conviction. A dishonorable military discharge triggers a permanent federal ban.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
Texas Penal Code Section 46.04 adds its own layer. A convicted felon cannot possess a firearm at all for five years after release from confinement or supervision, and even after that period may only possess one at home. A Class A misdemeanor assault against a family or household member costs you firearm possession rights for five years after completing your sentence.5State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
Where You Still Cannot Carry
Permitless carry did not shorten the list of places where bringing a handgun is a felony. Penal Code Section 46.03 makes carry in these locations a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.6State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment The banned locations include:7State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
- K–12 and postsecondary campuses, school buses, and school-sponsored activities
- Polling places on election day and during early voting
- Courts and court offices, unless the court authorizes it in writing
- Racetracks
- Secured areas of airports
- Bars, meaning businesses that make 51 percent or more of their revenue from on-premises alcohol sales
- High school, college, and professional sporting events
- Correctional and civil commitment facilities
- Within 1,000 feet of an execution site on the day of a scheduled execution
The bars category catches people out. Many restaurants serve alcohol without crossing the 51 percent line, so the tell is the red “51%” sign the Texas Alcoholic Beverage Commission requires those establishments to post at the entrance.
Federal law adds its own gun-free zones on top of the state list. Under 18 U.S.C. § 930, bringing a firearm into a federal facility carries up to a year in prison, or up to five years if you intended to commit another crime. Post offices are the federal facility Texans encounter most often, and postal regulations ban both open and concealed carry on postal property.8USPS. Possession of Firearms and Other Dangerous Weapons on Postal Service Property Is Prohibited by Law Federal courthouses, VA facilities, and military installations are also off-limits.
Private Property Signs
Property owners can ban handguns from their premises. The legal mechanism differs depending on whether you carry with a license or without one, and the signs you see at the door are how the state communicates that difference.
Signs Aimed at License Holders
Two statutes cover licensed carry on private property. A “30.06” sign bans concealed carry by license holders; a “30.07” sign bans open carry by license holders. Each must display specific statutory language in English and Spanish, in contrasting colors with block letters at least one inch tall, posted conspicuously at the entrance.9State of Texas. Texas Penal Code 30.06 – Trespass by License Holder With a Concealed Handgun10State of Texas. Texas Penal Code 30.07 – Trespass by License Holder With an Openly Carried Handgun
Ignoring a properly posted 30.06 or 30.07 sign is a Class C misdemeanor with a fine of up to $200. If someone on the property verbally tells you to leave and you refuse, the charge becomes a Class A misdemeanor, which carries up to a year in jail and a fine of up to $4,000.11State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
Signs Aimed at Permitless Carriers
If you carry without a license, the relevant law is Section 30.05, the general criminal trespass statute. A property owner can post a sign or give verbal notice. Section 30.05 provides an affirmative defense to a qualified permitless carrier who is carrying concealed and not displaying the handgun.12State of Texas. Texas Penal Code Chapter 30 That defense would still need to be raised in court if you are arrested. It is one practical reason many Texans still get a License to Carry: the 30.06 and 30.07 signage system gives license holders clearer notice of where they can and cannot go.
The Holster Rule
Concealed means concealed, but the moment your handgun becomes visible in public, it must be in a holster. Penal Code Section 46.02(a-5) makes it an offense to intentionally display a handgun in plain view without one, so a partially exposed handgun that stays in a holster still complies with the law.3State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons The same requirement applies inside a car: if a handgun is in plain view, the carrier must be at least 21 (or licensed) and the handgun must be holstered.
Texas does not specify a type of holster. Shoulder, appendix, drop-leg, and belt holsters all qualify. What the statute forbids is a handgun stuffed into a waistband or held in the hand.
When You Can Legally Use the Gun
Carrying legally is one thing. Using the gun is a different question, and Texas draws its self-defense lines carefully. Getting them wrong turns a self-defense claim into a criminal charge.
Non-Deadly Force
You can use force against another person when you reasonably believe it is immediately necessary to protect yourself from their unlawful use of force. That belief is presumed reasonable if the other person forced entry into your home, vehicle, or workplace, tried to forcibly remove you from one of those places, or was committing or attempting aggravated kidnapping, murder, sexual assault, or robbery.13State of Texas. Texas Penal Code 9.31 – Self-Defense Verbal provocation alone never justifies force, no matter how threatening the words.
Deadly Force and Stand Your Ground
Deadly force is justified when you reasonably believe it is immediately necessary to defend against another person’s deadly force, or to prevent aggravated kidnapping, murder, sexual assault, or robbery. The same presumption of reasonableness applies to forced entry into your home, vehicle, or workplace.14State of Texas. Texas Penal Code 9.32 – Deadly Force in Defense of Person
Texas imposes no duty to retreat. If you have a right to be where you are, did not provoke the encounter, and are not engaged in criminal activity beyond a minor traffic violation, you are not required to try to escape before using deadly force. A jury is legally prohibited from holding your failure to retreat against you.
How Self-Defense Claims Fail
Two things sink self-defense arguments more than anything else. The first is provocation. If you started or escalated the confrontation, you lose the legal shield unless you clearly tried to disengage and the other person kept coming. The second is illegal carry. Section 9.31 strips the self-defense presumption from anyone carrying a weapon in violation of Section 46.02. If you were underage, disqualified by a recent conviction, or in a prohibited location when the incident happened, your self-defense argument starts from behind.
Texas also allows non-deadly force to protect your land or recover stolen property if you act immediately or in fresh pursuit.15State of Texas. Texas Penal Code 9.41 – Protection of One’s Own Property Deadly force to protect property is far more restricted under Section 9.42 and requires a reasonable belief that there is no other way to protect or recover it.
Why Still Get a License to Carry
Since permitless carry became law, the License to Carry has become optional but not obsolete. It gives you access to a handful of places closed to unlicensed carriers, clearer standing under the 30.06 and 30.07 signage system, and reciprocity across state lines. Texas has formal reciprocity with 34 states, and another 12 unilaterally recognize the Texas license.16Texas Department of Public Safety. State Reciprocity Information Without a license, that recognition disappears the moment you cross into a state that lacks permitless carry.
An LTC also lets you skip the federal NICS background check when buying a firearm from a dealer, because the license itself proves eligibility.
Getting the License
LTC eligibility is stricter than permitless carry. You must have been a Texas resident for at least six months, have no felony convictions, no Class A or B misdemeanor convictions in the past five years, no pending felony or Class A/B charges, and no delinquent child support or state tax obligations.17State of Texas. Texas Government Code 411.172 – Eligibility The standard age is 21, though active-duty military, honorably discharged veterans, and people protected by an active protective order can apply at 18.
You then complete a state-approved handgun proficiency course. The classroom portion runs four to six hours and covers use-of-force law, handgun safety, secure storage, and nonviolent dispute resolution. It can be taken online through an approved provider or in person. You must pass a written exam and demonstrate proficiency at a firing range under a certified instructor.18Texas Legislature. Texas Government Code 411.188 – Handgun Proficiency Requirement
Applications go through the DPS online portal, with fingerprinting scheduled through IdentoGO. The standard application fee is $40, and honorably discharged veterans pay $25.19Texas Department of Public Safety. Texas License to Carry Fee Table State law gives DPS up to 60 days to issue or deny a complete application.20Texas.gov. Texas Handgun License
Traffic Stops
If you hold an LTC and are carrying when an officer or magistrate asks for identification, you are required to show both your driver license and your handgun license.21State of Texas. Texas Government Code 411.205 – Requirement to Display License Failing to present the license can trigger suspension or revocation.22State of Texas. Texas Government Code 411.186 – Revocation
Permitless carriers have no specific statutory duty to volunteer that they are armed. Telling the officer early and calmly is still the smart move. Keep your hands visible, say plainly where the firearm is, and do not reach for anything until the officer directs you to. If your ID is near the firearm, say so before you reach.
Carrying Across State Lines
Once you cross out of Texas, that state’s laws control. Magazine limits, license requirements, and prohibited locations vary widely, and some states honor no Texas credential at all.
Federal law offers narrow protection when you are only passing through. Under 18 U.S.C. § 926A, you can transport a firearm through any state if you can legally possess it at your origin and destination, the firearm is unloaded, and neither the gun nor ammunition is readily accessible from the passenger compartment. In a vehicle without a separate trunk, the firearm must be in a locked container other than the glove compartment or center console.23Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms Section 926A covers transportation only. You cannot stop in a restrictive state, put on a holster, and walk into a store expecting federal cover.
Flying is a separate regime. Firearms and ammunition are banned from carry-on bags. In checked baggage, an unloaded handgun may travel inside a locked, hard-sided container, and it must be declared to the airline at the ticket counter. Ammunition and loaded magazines must be securely boxed or stored inside the same locked case as the unloaded firearm.24Transportation Security Administration. Firearms and Ammunition