Texas concealed carry laws and reciprocity

A license holder carrying a handgun must display both a driver's license or ID and the handgun license when a magistrate or peace officer demands identification (Gov't Code 411.205). This applies to license holders; the statute imposes no such duty on unlicensed carriers.

A person not prohibited from possessing a firearm may carry a handgun in a motor vehicle they own or control without a license; if the handgun is in plain view it must be holstered and the person must be 21+ or licensed (Penal Code 46.02(a-1)).

Under the Firearm Carry Act of 2021 (H.B. 1927), people 21 or older who may legally possess a firearm may carry a handgun without a license; Penal Code 46.02 makes carrying by those under 21 an offense outside their premises or vehicle. Separately, DPS says a federal court ruling (FPC v. McCraw) bars it from denying LTC applications solely because the applicant is 18 to 20.

Gov't Code 411.172 sets objective eligibility criteria for a License to Carry, including age 21 (with exceptions for 18-20-year-old military members/veterans and protective-order holders).

Gov't Code 411.173(a) requires DPS to provide a procedure for legal residents of other states who meet the other eligibility requirements to obtain a Texas License to Carry.

A handgun may be carried openly if it is in a holster; Penal Code 46.02(a-5) makes it an offense to intentionally display a handgun in plain view in a public place unless it is holstered. Open carry is prohibited on college campuses even for license holders.

Private property owners can bar license holders using signs with the exact wording of Penal Code 30.06 (concealed) or 30.07 (open), and can bar firearms generally under 30.05; violations are criminal trespass offenses. Governmental property cannot exclude license holders by such notice except where carry is already prohibited by 46.03.

Firearms are prohibited on the premises of a business that derives 51 percent or more of its income from on-premises alcohol sales, as determined by TABC (Penal Code 46.03(a)(7)); carrying a handgun while intoxicated is also an offense under 46.02(a-6).

DPS states that Texas law does not specifically prohibit license holders from carrying a handgun in a public park, but parks on federal property are subject to federal law.

Places of worship are not among the statutory prohibited places in Penal Code 46.03, but as private property they may exclude license holders by giving notice under Penal Code 30.06/30.07.

License holders may carry a concealed handgun on postsecondary campuses except in areas the institution designates with 30.06 notice, and private institutions may opt out entirely; open carry on campus is prohibited and unlicensed carry is not authorized (Penal Code 46.03).

Penal Code 46.03 prohibits firearms at schools (with campus-carry exceptions for license holders at colleges), polling places during voting, courts, racetracks, airport secured areas, 51-percent alcohol businesses, high school/college/professional sporting events, correctional and civil commitment facilities, hospitals and nursing facilities without authorization, mental hospitals, amusement parks, and properly noticed open government meetings.

A person who has a right to be present, did not provoke the attacker, and is not engaged in criminal activity is not required to retreat before using force or deadly force (Penal Code 9.31(e), 9.32(c)).

Texas's weapons chapter, including the prohibited-weapons list in Penal Code 46.05, contains no magazine capacity limit.

Texas's weapons chapter, including the prohibited-weapons list in Penal Code 46.05, contains no assault weapons ban.

Firearm silencers are not on Texas's prohibited-weapons list in Penal Code 46.05; federal NFA rules still apply.

Short-barrel firearms are not on Texas's prohibited-weapons list in Penal Code 46.05; federal NFA rules still apply.

Short-barrel firearms are not on Texas's prohibited-weapons list in Penal Code 46.05; federal NFA rules still apply.