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.

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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.

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