What You Need to Know about Open Carry in Texas

Texas firearm laws can be pretty confusing, especially when it comes to open carry regulations. It is a fact that one wonders about being allowed to openly carry, how the law in that respect would apply to one’s specific scenarios, and who can lawfully open-carry. The Law Office of David D. White, PLLC, finds it highly significant that citizens of Austin are fully informed about the current Texas open carry laws. To facilitate clearer and easier comprehension, below are some of the major points of the law that explain your rights and responsibilities.

Am I Allowed to Open Carry a Gun in Texas?

Yes, in many cases, you may open carry a firearm in Texas. As of September 1, 2021, individuals 21 or older who are legally allowed to possess firearms under state and federal law no longer need a License to Carry (LTC) to carry openly or concealed. However, open carry is only legal if the firearm is secured in a shoulder or belt holster, and restrictions still apply in certain locations.

Is It Legal to Carry a Gun in Texas Without a License?

Yes, Texas allows permitless carry for most individuals 21 or older. The “constitutional carry” law permits carrying without a license unless prohibited by Texas Penal Code 46.04, such as due to criminal convictions. An LTC still offers benefits like reciprocity with other states and exemption from federal background checks.

What Are the Rules for Carrying a Gun in a Vehicle in Texas?

Yes, you may carry a firearm in your vehicle without a license in most cases. Texas law allows handguns to be kept in a vehicle if they are concealed or secured in a shoulder or belt holster when carried openly. This applies to private vehicles and boats under the Motorist Protection Act. Nonetheless, firearms cannot be carried if you’re committing a crime, such as a DWI, and restrictions may apply in areas like school zones. 

Can Police Stop Me Just to Check My License to Carry?

No, generally speaking, law enforcement officers may not stop you solely to verify whether you have a License to Carry. Officers need reasonable suspicion or probable cause of unlawful activity to initiate a stop. This standard aligns with constitutional protections under the Fourth Amendment.

What Happens If I Don’t Show My License to Carry?

Refusing to show your License to Carry (LTC) may cause complications, depending on the situation. While Texas law does not require a license for permitless carry, individuals carrying under an LTC might need to present it if requested by law enforcement. Cooperation is generally recommended to prevent misunderstandings or legal issues.

Who Is Eligible to Open Carry in Texas?

Not everyone in Texas is eligible to open carry a firearm. To carry legally, you must meet certain criteria. For example:

• You must be at least 21 years old or meet special exceptions, such as military service.
• You must not be prohibited from possessing firearms under state or federal law (e.g., due to felony convictions protective orders, or previous findings of family violence).
• If carrying under an LTC, you must have completed the licensing requirements.

Key Facts About Open Carry in Texas:

Where it’s allowed

Firearms may generally be openly carried in public places like parks and sidewalks as long as they are secured in a shoulder or belt holster.

Where It’s Not Allowed

Certain locations prohibit open carry, even with a license. These include schools, courthouses, polling places, airports, and private businesses with signage under Texas Penal Code 30.06 or 30.07.

How to Carry

Openly carried firearms must be secured in a shoulder or belt holster to comply with Texas law and avoid violations.

What You Can’t Do

It’s illegal to brandish a firearm in a threatening way or to carry it while intoxicated. Violations can lead to criminal charges, even if you’re otherwise eligible to carry.

Out-of-State Permits

Texas honors handgun licenses from states with reciprocal agreements, granting similar privileges to Texas LTC holders. Check current agreements to confirm eligibility.

18-Year-Olds and Open Carry in Texas

Generally, individuals under 21 cannot openly carry handguns in Texas, except under specific circumstances like military service or certain federal exemptions.

“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”

David D. White

Austin Criminal Defense Lawyer

Need Legal Guidance on Open Carry in Texas?

It’s important to consult a knowledgeable attorney. The Law Office of David D. White, PLLC, is ready to assist you with clear, personalized legal advice. Call us at (512)-369-3737 or visit us at 608 W 12th St Ste B, Austin, TX 78701 to speak with an experienced Austin criminal lawyer. Let us help protect your rights.

Get A Free Consultation

Fill out the form below or call us at 512-369-3737. You will receive an answer within 24 hours

request free consultation Call Us: 512-369-3737

Client Reviews

What our clients are saying about us

Banas Transportation

If you are searching for the best attorney in Austin, look no further than David White. From start to finish, he exceeded all of our expectations and provided a level of service that truly stands out. From our very first meeting, David White took the time to thoroughly understand our case, explain every step of the process in clear terms, and answer all of our questions. His expertise, confidence, and approachable demeanor immediately put us at ease during what was a very stressful time for our family. Throughout the process, he was always available to provide updates, address any concerns, and ensure we felt supported. His attention to detail, strategic thinking, and knowledge of the law were nothing short of exceptional. Thanks to his relentless efforts and skill, our case was dismissed, and we couldn’t be more grateful. What sets David, White apart is not only his expertise but also his genuine care for his clients. He goes above and beyond to make sure you feel heard, understood, and represented in the best possible way. It’s clear that he is passionate about helping people and delivering justice. I can confidently say that David White is the best attorney I have ever worked with, and I wholeheartedly recommend him to anyone in need of legal assistance. He truly is a master of his craft and a shining example of what an attorney should be. Thank you, David White, for everything you’ve done for us!

View More Reviews on Google Maps and Yelp