In 2021, Texas changed the law to eliminate the need for a License to Carry (LTC) for some people. Now, if you can legally possess and carry a firearm, you no longer need an LTC to carry a handgun in a public place.

Before September 2021, Texas residents who wished to carry a handgun in public needed an LTC issued by the Texas Department of Public Safety (DPS). 

In 2021, the Texas Legislature passed House Bill 1927. The bill allows some people to carry a handgun on their person in a public place without an LTC. The law went into effect on September 1st, 2021.

Who can carry without a license?

Generally, to carry a handgun in public in Texas without an LTC, a person must not:

• be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922
• have a prior felony conviction as described in Texas Penal Code Section 46.04
• have a recent conviction for certain types of misdemeanors as described in Sections 46.02 and 46.04
• be subject to an unexpired protective order as described in Section 46.04(c)
• be a member of a criminal street gang as described in Section 46.04(a-1), and carry a gun in person or in a car or boat
• be intoxicated, except in certain situations as described in Section 46.02(a-6)

How old do I have to be to carry without a license?

Texas law sets the age requirement to carry a gun at 21 years of age. A 2022 federal court case, Firearms Policy Coalition, Inc. et. al., v. Steven McCraw, et. al., challenged the constitutionality of this restriction. The court ruled that Texas may not prosecute 18-to-20-year-olds under this restriction based solely on their age.

We suggest you speak to a lawyer if you have questions about your eligibility to carry a handgun in light of this ruling.

Did this law expand gun rights to anyone who previously could not carry a gun?

No. The new law did not give anyone the right to carry if they couldn't under previous law.

Can I carry a gun anywhere in Texas?

Firearms are always restricted in certain places, such as schools, polling places, secured areas of airports, amusement parks, and more. These laws are in Section 46.03 of the Texas Penal Code.

Owners of private property can choose to ban firearms on their property. If guns are not allowed, the owner must provide "notice." According to the law, notice can be in the form of spoken or written communication, including signage.

Signs prohibiting firearms on private property must have certain elements, including specific language and layout. Please see Sections 30.05 - 30.07 of the Texas Penal Code for details.

Does my gun need to be in a holster?

If a handgun is partially or wholly visible, it must be in a holster. Section 46.02(a-5) of the Texas Penal Code now only uses the term "holster." Before the 2021 amendments, it used the phrase "shoulder or belt holster." The law does not define the word "holster."

Can I still get a license?

House Bill 1927 did not repeal the LTC program. Texans who wish to get a license may still apply for one with DPS. Getting an LTC may have other benefits like allowing the licensee to carry in states that have reciprocity agreements with Texas. It may also act as an alternative to a background check when purchasing a firearm.

DPS lists the benefits of a Texas LTC on its website. Due to a federal court decision, DPS stated that they would no longer deny applications for LTCs solely on the basis that the applicants are 18-to-20 years old. 

The law can be complex, so you may wish to talk to an attorney before carrying a firearm in public. For more information on finding an attorney, please see the library's Legal Help page.

Related FAQs & Guides

FAQs

• Can I carry a gun in my car?
• Can someone with a felony conviction own a gun?
• Can an out-of-state visitor carry a gun in Texas?

Guides

• Gun Laws