Texas Gun Laws
Get the Latest Facts on Gun Laws in Texas
Updated April 6, 2019:
Updated November 19, 2018:
Mark Woodward
Mark Woodward
Texas is classed as a "shall Issue" state with the law regulating ownership of firearms to any person at least 18 years old. Texas gun laws do not regulate the possession of firearms so any person, no matter what age, can possess a firearm as long as they are not a felon. To purchase a handgun a person must be at least 21 years old if buying from a federally licensed dealer. Licences to carry are issued to both residents and non-residents with a 4-6 hour training course required. Open carry is legal provided the handgun is in a shoulder or belt holster.
Mark Woodward
Texas is classed as a "shall Issue" state with the law regulating ownership of firearms to any person at least 18 years old. Texas gun laws do not regulate the possession of firearms so any person, no matter what age, can possess a firearm as long as they are not a felon. To purchase a handgun a person must be at least 21 years old if buying from a federally licensed dealer. Licences to carry are issued to both residents and non-residents with a 4-6 hour training course required. Open carry is legal provided the handgun is in a shoulder or belt holster.
Texas is classed as a "shall Issue" state with the law regulating ownership of firearms to any person at least 18 years old. However, Texas gun laws do not regulate the possession of firearms so any person, no matter what age, can possess a firearm as long as they are not a felon. To purchase a handgun a person must be at least 21 years old if buying from a federally licensed dealer. Licences to carry are issued to both residents and non-residents with a 4-6 hour training course required. Open carry is legal provided the handgun is in a shoulder or belt holster.
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Texas Reciprocity Map
- Issuing State
- TX license honored
- TX license not honored
- TX residential license only
- Issuing State
- TX license honored
- TX license not honored
- TX residential license only
The research
- Texas reciprocity guide for CCW licenses
- Overview of the Texas LTC license
- Requirements to qualify for a Texas LTC license
- How to apply for a Texas LTC license
- How to renew your Texas LTC license
- Schedule of fee's for a Texas LTC license
- Essential forms for a Texas LTC license
- Off-limit places in Texas for carrying a firearm
- Texas gun laws & statutes
- History of Texas gun laws
- Texas licensing offices
- FAQ on Texas gun laws
- Sources
Texas reciprocity guide for LTC licenses
All non-resident permits from states that Texas honors will be accepted in Texas as long as the holder of the permit is at least 21 years old.
Texas has signed reciprocity agreements with 31 other states which can be viewed at the Texas Department of Public Safety's website.
Resident Licences
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming
Non-Resident Licences
Alabama, Alaska, Arizona, Arkansas, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, New York City, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wyoming
California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Hampshire, New York, Oregon, Rhode Island, Washington.
DistrictWashington D.C.
Ohio - Permits must have been issued or renewed after 3/23/15 to be honored in Texas.
411.174 - Non-resident licence
Overview of the Texas LTC license
- Issue policy - Shall Issue
- Issued to - Residents & Non-Residents
- License Fee - $40
- License Valid - 5 years
Pistol license Overview
The Texas License To Carry (LTC) is issue to qualified applicants who are at least 21 years old or 18 if in the military. The license is also required if a person wants to carry a handgun openly. Previously the handgun permit was called a Concealed Handgun License CHL however this was changed to License To Carry (LTC) in January 2016.
Applications for a license are handled by the Department of Public Safety who require first time applications to be made online. There is a fee of $40 with the license being valid for 5 years.
Non-Resident Licenses
Non-residents can apply online for a Texas LTC or mail in the forms. The application will need to contain the following;
- A color copy of your state drivers license or ID card. There must be a copy of the front and back.
- A handgun proficiency certificate that is not more than two years old.
Texas Non-Resident License is valid in:
AK, AL, AR, AZ, DE, GA, IA, ID, IN, KS, KY, LA, MO, MS, MT, NC, ND, NE, NV, NM, OH, OK, SD, TN, TX, UT, VA, VT, WI, WV, WY
Handgun Training
All applicants are required to complete a 4-6 hour instruction course set by the state and taught by a licensed instructor. The cost of the courses varies but on average are around $100-$125. Course topics usually include state gun laws, handgun safety, liability and conflict resolution. There is a written and practical part to the course with the practical qualification requiring 50 rounds of ammunition to be fired. Once the course has been passed the instructor will supply a Certificate of Training (CHL-100) which the student must submit to the DPS.
Requirements to qualify for a Texas LTC license
- Is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
- Is at least 21 years of age; or at least 18 if you are a member or veteran of the US Armed Forces, Reserves or National Guard or was discharged under honorable conditions.
- Has not been convicted of a felony;
- Is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
- Is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;
- Is not a chemically dependent person;
- Is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
- Has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
- is fully qualified under applicable federal and state law to purchase a handgun;
- Has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
- Has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
- Is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
- Has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and
- Has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
- Federal Law Requirements
How to apply for a Texas LTC license
Follow these steps to obtain a permit
- Download the application form or submit an online application.
- Schedule an appointment for fingerprinting. All fingerprints must be submitted through L-1 Enrollment Services
- Applicants must also complete 4 - 6 hours of classroom training and pass a written exam and then pass a proficiency demonstration (shooting). The classroom training can be done online.
- Once training is completed you must submit a Certificate of Training to the Dept. of Public Safety to complete the application.
If you are making the application by mail send your application to;
Texas Department of Public Safety
Concealed Handgun - MSC 0245
PO Box 4087
Austin, TX
NON-RESIDENTS
Out of state residents must supply a color copy, front and back, of your state drivers license or ID card. A proficiency certificate not greater than two years old from a course approved by the DPS. Non-Residents can make applications online or via mail. Application for a Handgun License
How to renew your Texas LTC license
- Handgun license renewals can be submitted 6 months prior to the expiration date of the license.
- Renewals can be made up to 12 months after the expiration date of license.
- Renewal applications made after 12 months from the expiry date will be treated as a new application.
- From the 1 September, 2013 renewal applicants no longer have to attend a training class.
- Renewals can be made online
- You will usually be notified about 6 months before your license expires to renew it.
Schedule of fee's for a Texas LTC license
| Application Conditions | Original | Renewal |
|---|---|---|
| Individual | $40 | $40 |
| Active Judicial or Probation Officer | $25 | $25 |
| Retired Judicial Officer | $25 | $25 |
| Active Military/Peace Officer/Correctional Officer/County Jailer | $0 | $0 |
| Retired Peace Officer/Federal Officer | $25 | $25 |
| Senior Citizen | $40 | $35 |
| Veteran (Honorably Discharged) | $25 | $25 |
Essential forms for a Texas LTC license
All the forms you need for a Texas handgun license can be found here.
Off-limit places in Texas for carrying a firearm
Off-limits
- On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption
- On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place
- On the premises of a correctional facility
- *On the premises of a hospital or nursing home
- *In a permanent amusement park
- *On the premises of a church, synagogue, or other place of worship
- *At any meeting of a governmental entity
- It is an offense to carry a handgun if the person is intoxicated
- It is an offense to carry a handgun un-holstered and in plain view
- Members of criminal street gangs are prohibited from carrying a concealed handgun
- It is an offense to carry a concealed handgun if a person is involved in criminal activity
- Polling places on day of election
- Premises of a Racetrack
- Secured area of airport
- Any place where the carrying of firearms is prohibited by Federal Law.
* The sections marked with an asterisk (*) do not apply if the person was not given effective notice under Section 30.06 or 30.07. (And must be posted with approved signage)
Allowed
- State parks
- State and national forests
- Road side rest areas
- Vehicle
- All areas of the state not listed as Off-Limits
Texas gun laws & statutes
Summary table
| Subject | Handguns | Long Guns | Notes |
|---|---|---|---|
| Carry permit required | Yes | No | Policy is Shall Issue. |
| Purchase permit required | No | No | |
| Registration of firearm | No | No | |
| Open carry allowed | Yes | Yes | |
| Background checks on private gun sales required | No | No | |
| Magazine size restriction | No | No |
Rating of gun laws
Texas gun laws you need to know
Vehicle carry
YES
Any person who can legally possess a handgun can carry it within a vehicle.However, if you do not have a Texas license to carry or a firearms license from another state that Texas honors then the firearm must be concealed in the glove box, console or other area but not on your person.
If you do have a LTC license then you can open carry in a vehicle if the firearm is in a shoulder or belt holster. And you can conceal carry in any mode you desire.
Penal code 46.02Open carry
NO
In order to open carry a handgun in Texas you will need a LTC license.
If you do have a LTC or other state license Texas honors then you can only open carry if the firearm is in a shoulder or belt holster. These are the only ways Texas law allows a person to open carry. The police also have authority to ask for your license to carry when you open carry.Penal code 46.035
Must inform officer
NO
There seems to be a bit of confusion here with some websites claiming you need to inform a law enforcement officer you have a weapon. The fact is the law does not mention this and you are not legally required to inform law enforcement you have a weapon. However, the law does require you to hand over your firearm licence and ID if requested to do so by law enforcement. Please watch the video on traffic stops for more clarification.
Sec. 411.205 Requirement to Display License
State park carry
YES
It is legal to carry in the following areas;
State Parks: YES
State/National Forests: YES
State Game Management Units: YES
Road Side Rest Areas: YES
No gun signs enforced
YES
Texas gun laws give "No Weapons" signs the force of law if they meet certain criteria. There are currently three signs that are legally enforced in Texas to prohibit carrying of weapons, an image of each of the signs is displayed below. Note that any other no weapons signs such as the traditional circle with a line through it are not enforceable or legally binding, the sign must be exactly as those pictured below to be legally enforceable.
Any establishment that derives more than 50% of their income from alcoholic beverages is required to post the 51% sign. Even with a LTC license you are not permitted to carry in these establishments.
Sign 30.06 bans concealed carry
Sign 30.07 bans the open carry of handguns
51% Sign bans carry in liquor establishments
Restaurant carry
YES
"Yes" or "No" states if you can carry in a restaurant that serves alcohol. Some restaurants may be posted with "NO GUN" signs. Check with the staff if this means just the bar area. If we have indicated a "Yes" then it should be legal to have a meal without drinking alcohol.
Penal code 46.03
Constitutional carry
NO
Texas does not have constitutional carry.
"Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime".
Off-limit statutes
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
- on the premises of an institution of higher education or private or independent institution of higher education; or
- on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder ’s person:
- on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
- on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
- on the premises of a correctional facility;
*Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
- "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
- "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
- "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.
(j) Subsections (a), (a-1), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.
Other CCW statutes
(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:
- possessed, at the screening checkpoint for the secured area, a concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and
- exited the screening checkpoint for the secured area immediately upon completion of the required Screening processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:
- the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and
- the actor does not immediately exit the checkpoint upon completion of the required screening processes.
Penal Code 30.06(c)(3)(A) Trespass By License Holder With a Concealed Handgun.
(a) A license holder commits an offense if the license holder:
- carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
- received notice that entry on the property by a license holder with a concealed handgun was forbidden.
- "Written communication" means:
- (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code handgun licensing law), may not enter this property with a concealed handgun"; or
-
(B) a sign posted on the property that:
- (i) includes the language described by Paragraph (A) in both English and Spanish;
- (ii) appears in contrasting colors with block letters at least one inch in height; and
- (iii) is displayed in a conspicuous manner clearly visible to the public.
(a) A license holder commits an offense if the license holder:
- openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
- received notice that entry on the property by a license holder openly carrying a handgun was forbidden.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
- "Entry" has the meaning assigned by Section 30.05(b).
- "License holder" has the meaning assigned by Section 46.035(f).
- "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or
(B) a sign posted on the property that:
- (i) includes the language described by Paragraph (A) in both English and Spanish;
- (ii) appears in contrasting colors with block letters at least one inch in height; and
- (iii) is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
(f) It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster.
(a) Except as provided by Subsection (i), a state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a license to carry a handgun, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.
(b) A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:
- not less than $1,000 and not more than $1,500 for the first violation; and
- not less than $10,000 and not more than $10,500 for the second or a subsequent violation.
(c) Each day of a continuing violation of Subsection (a) constitutes a separate violation.
(d) A resident of this state or a person licensed to carry a handgun under this subchapter may file a complaint with the attorney general that a state agency or political subdivision is in violation of Subsection (a) if the resident or person provides the agency or subdivision a written notice that describes the violation and specific location of the sign found to be in violation and the agency or subdivision does not cure the violation before the end of the third business day after the date of receiving the written notice. (See complete statute. Edited for space Considerations.)
(a) A person commits an offense if the person [he] intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
- on the person's own premises or premises under the person's control; or
- inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which:
- the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
- the person is:
- (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
- (B) prohibited by law from possessing a firearm; or
- (C) a member of a criminal street gang, as defined by Section 71.01.
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder ’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
- on the premises of an institution of higher education or private or independent institution of higher education; or
- on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:
- the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
- the discharge of a firearm or air gun at a sport shooting range.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
- require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
- regulate the discharge of firearms or air guns within the limits of the municipality, other than at a sport shooting range;
- regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
- regulate the use of firearms, [or] air guns, or knives in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
- regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation;
- regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:
- (A) public park;
- (B) public meeting of a municipality, county, or other governmental body;
- (C) political rally, parade, or official political meeting; or
- (D) nonfirearms-related school, college, or professional athletic event;
7. regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption; or
8. regulate the carrying of an air gun by a minor on:
- (A) public property; or
- (B) private property without consent of the property owner.
(c) The exception provided by Subsection (b)(6) does not apply if the firearm or air gun is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm or air gun is of the type commonly used in the activity.
(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm, air gun, knife, or ammunition from an individual who is lawfully carrying or possessing the firearm, air gun, knife, or ammunition.
(e) In this section:
- (1) "Air gun" means any gun that discharges a pellet, BB, or paintball by means of compressed air, gas propellant, or a spring.
- (2) "Knife" has the meaning assigned by Section 46.01, Penal Code.
- (3) "Sport shooting range" has the meaning assigned by Section 250.001.
(f) The attorney general may bring an action in the name of the state to obtain a temporary or permanent injunction against a municipality adopting a regulation in violation of this section.
- (a) A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.
- (b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.
- (c) The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection
- (d) before ceasing to detain the individual unless the officer:
- arrests the individual for engaging in criminal activity; or
- seizes the firearm as evidence in a criminal investigation.
Miscellaneous laws
A private citizen is allowed to sell, gift, or lease a handgun to any person 18 or older who is not a felon. No gun registration or purchase license is required in Texas.
To purchase from a federally licensed gun dealer a person must be 21 years or older.
Local Gov Code § 229.001. Firearms; Air Guns; Knives; Explosives.
(a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:
- the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
- the discharge of a firearm or air gun at a sport shooting range.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
-
- require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
- regulate the discharge of firearms or air guns within the limits of the municipality, other than at a sport shooting range;
- regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
- regulate the use of firearms, [or] air guns, or knives in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
- regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation;
- (6)regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:
- (A) public park;
- (B) public meeting of a municipality, county, or other governmental body;
- (C) political rally, parade, or official political meeting; or
- (D) nonfirearms-related school, college, or professional athletic event;
- regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption; or regulate the carrying of an air gun by a minor on:
- (8) regulate the carrying of an air gun by a minor on:
- (A) public property; or
- (B) private property without consent of the property owner.
(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm, air gun, knife, or ammunition from an individual who is lawfully carrying or possessing the firearm, air gun, knife, or ammunition.
(e) In this section:
- (1) "Air gun" means any gun that discharges a pellet, BB, or paintball by means of compressed air, gas propellant, or a spring.
- (2) "Knife" has the meaning assigned by Section 46.01, Penal Code.
- (3) "Sport shooting range" has the meaning assigned by Section 250.001.
History of Texas gun laws
1871
1995
1997
2001
2003
2005
2007
2009
2011
2013
Texas licensing offices
Texas Department of Public Safety
Contact
Address 5805 North Lamar Blvd.
CityAustin, TX 78752-4431
Phone (512) 424-7293
Hours
Monday – Friday 9am – 5pm
Saturday Closed
Sunday Closed
Frequently asked questions on Texas gun laws
The application for a concealed carry handgun license must be processed within 60 - 180 days of the application being received. Applications can take up to 180 days if there is missing documents or information.
The research
All non-resident permits from states that Texas honors will be accepted in Texas as long as the holder of the permit is at least 21 years old.
Texas has signed reciprocity agreements with 31 other states which can be viewed at the Texas Department of Public Safety's website.
Resident Licences
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming
Non-Resident Licences
Alabama, Alaska, Arizona, Arkansas, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, New York City, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wyoming
California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Hampshire, New York, Oregon, Rhode Island, Washington.
DistrictWashington D.C.
Ohio - Permits must have been issued or renewed after 3/23/15 to be honored in Texas.
411.174 - Non-resident licence
- Issue policy - Shall Issue
- Issued to - Residents & Non-Residents
- License Fee - $40
- License Valid - 5 years
Pistol license Overview
The Texas License To Carry (LTC) is issue to qualified applicants who are at least 21 years old or 18 if in the military. The license is also required if a person wants to carry a handgun openly. Previously the handgun permit was called a Concealed Handgun License CHL however this was changed to License To Carry (LTC) in January 2016.
Applications for a license are handled by the Department of Public Safety who require first time applications to be made online. There is a fee of $40 with the license being valid for 5 years.
Non-Resident Licenses
Non-residents can apply online for a Texas LTC or mail in the forms. The application will need to contain the following;
- A color copy of your state drivers license or ID card. There must be a copy of the front and back.
- A handgun proficiency certificate that is not more than two years old.
Texas Non-Resident License is valid in:
AK, AL, AR, AZ, DE, GA, IA, ID, IN, KS, KY, LA, MO, MS, MT, NC, ND, NE, NV, NM, OH, OK, SD, TN, TX, UT, VA, VT, WI, WV, WY
Handgun Training
All applicants are required to complete a 4-6 hour instruction course set by the state and taught by a licensed instructor. The cost of the courses varies but on average are around $100-$125. Course topics usually include state gun laws, handgun safety, liability and conflict resolution. There is a written and practical part to the course with the practical qualification requiring 50 rounds of ammunition to be fired. Once the course has been passed the instructor will supply a Certificate of Training (CHL-100) which the student must submit to the DPS.
- Is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
- Is at least 21 years of age; or at least 18 if you are a member or veteran of the US Armed Forces, Reserves or National Guard or was discharged under honorable conditions.
- Has not been convicted of a felony;
- Is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
- Is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;
- Is not a chemically dependent person;
- Is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
- Has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
- is fully qualified under applicable federal and state law to purchase a handgun;
- Has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
- Has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
- Is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
- Has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and
- Has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
- Federal Law Requirements
Follow these steps to obtain a permit
- Download the application form or submit an online application.
- Schedule an appointment for fingerprinting. All fingerprints must be submitted through L-1 Enrollment Services
- Applicants must also complete 4 - 6 hours of classroom training and pass a written exam and then pass a proficiency demonstration (shooting). The classroom training can be done online.
- Once training is completed you must submit a Certificate of Training to the Dept. of Public Safety to complete the application.
If you are making the application by mail send your application to;
Texas Department of Public Safety
Concealed Handgun - MSC 0245
PO Box 4087
Austin, TX
NON-RESIDENTS
Out of state residents must supply a color copy, front and back, of your state drivers license or ID card. A proficiency certificate not greater than two years old from a course approved by the DPS. Non-Residents can make applications online or via mail. Application for a Handgun License
- Handgun license renewals can be submitted 6 months prior to the expiration date of the license.
- Renewals can be made up to 12 months after the expiration date of license.
- Renewal applications made after 12 months from the expiry date will be treated as a new application.
- From the 1 September, 2013 renewal applicants no longer have to attend a training class.
- Renewals can be made online
- You will usually be notified about 6 months before your license expires to renew it.
| Application Conditions | Original | Renewal |
|---|---|---|
| Individual | $40 | $40 |
| Active Judicial or Probation Officer | $25 | $25 |
| Retired Judicial Officer | $25 | $25 |
| Active Military/Peace Officer/Correctional Officer/County Jailer | $0 | $0 |
| Retired Peace Officer/Federal Officer | $25 | $25 |
| Senior Citizen | $40 | $35 |
| Veteran (Honorably Discharged) | $25 | $25 |
All the forms you need for a Texas handgun license can be found here.
Off-limits
- On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption
- On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place
- On the premises of a correctional facility
- *On the premises of a hospital or nursing home
- *In a permanent amusement park
- *On the premises of a church, synagogue, or other place of worship
- *At any meeting of a governmental entity
- It is an offense to carry a handgun if the person is intoxicated
- It is an offense to carry a handgun un-holstered and in plain view
- Members of criminal street gangs are prohibited from carrying a concealed handgun
- It is an offense to carry a concealed handgun if a person is involved in criminal activity
- Polling places on day of election
- Premises of a Racetrack
- Secured area of airport
- Any place where the carrying of firearms is prohibited by Federal Law.
* The sections marked with an asterisk (*) do not apply if the person was not given effective notice under Section 30.06 or 30.07. (And must be posted with approved signage)
Allowed
- State parks
- State and national forests
- Road side rest areas
- Vehicle
- All areas of the state not listed as Off-Limits
Summary table
| Subject | Handguns | Long Guns | Notes |
|---|---|---|---|
| Carry permit required | Yes | No | Policy is Shall Issue. |
| Purchase permit required | No | No | |
| Registration of firearm | No | No | |
| Open carry allowed | Yes | Yes | |
| Background checks on private gun sales required | No | No | |
| Magazine size restriction | No | No |
Rating of gun laws
Texas gun laws you need to know
Vehicle carry
YES
Any person who can legally possess a handgun can carry it within a vehicle.However, if you do not have a Texas license to carry or a firearms license from another state that Texas honors then the firearm must be concealed in the glove box, console or other area but not on your person.
If you do have a LTC license then you can open carry in a vehicle if the firearm is in a shoulder or belt holster. And you can conceal carry in any mode you desire.
Penal code 46.02Open carry
NO
In order to open carry a handgun in Texas you will need a LTC license.
If you do have a LTC or other state license Texas honors then you can only open carry if the firearm is in a shoulder or belt holster. These are the only ways Texas law allows a person to open carry. The police also have authority to ask for your license to carry when you open carry.Penal code 46.035
Must inform officer
NO
There seems to be a bit of confusion here with some websites claiming you need to inform a law enforcement officer you have a weapon. The fact is the law does not mention this and you are not legally required to inform law enforcement you have a weapon. However, the law does require you to hand over your firearm licence and ID if requested to do so by law enforcement. Please watch the video on traffic stops for more clarification.
Sec. 411.205 Requirement to Display License
State park carry
YES
It is legal to carry in the following areas;
State Parks: YES
State/National Forests: YES
State Game Management Units: YES
Road Side Rest Areas: YES
No gun signs enforced
YES
Texas gun laws give "No Weapons" signs the force of law if they meet certain criteria. There are currently three signs that are legally enforced in Texas to prohibit carrying of weapons, an image of each of the signs is displayed below. Note that any other no weapons signs such as the traditional circle with a line through it are not enforceable or legally binding, the sign must be exactly as those pictured below to be legally enforceable.
Any establishment that derives more than 50% of their income from alcoholic beverages is required to post the 51% sign. Even with a LTC license you are not permitted to carry in these establishments.
Sign 30.06 bans concealed carry
Sign 30.07 bans the open carry of handguns
51% Sign bans carry in liquor establishments
Restaurant carry
YES
"Yes" or "No" states if you can carry in a restaurant that serves alcohol. Some restaurants may be posted with "NO GUN" signs. Check with the staff if this means just the bar area. If we have indicated a "Yes" then it should be legal to have a meal without drinking alcohol.
Penal code 46.03
Constitutional carry
NO
Texas does not have constitutional carry.
"Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime".
Off-limit statutes
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
- on the premises of an institution of higher education or private or independent institution of higher education; or
- on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder ’s person:
- on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
- on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
- on the premises of a correctional facility;
*Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
- "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
- "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
- "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.
(j) Subsections (a), (a-1), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.
Other CCW statutes
(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:
- possessed, at the screening checkpoint for the secured area, a concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and
- exited the screening checkpoint for the secured area immediately upon completion of the required Screening processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:
- the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and
- the actor does not immediately exit the checkpoint upon completion of the required screening processes.
Penal Code 30.06(c)(3)(A) Trespass By License Holder With a Concealed Handgun.
(a) A license holder commits an offense if the license holder:
- carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
- received notice that entry on the property by a license holder with a concealed handgun was forbidden.
- "Written communication" means:
- (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code handgun licensing law), may not enter this property with a concealed handgun"; or
-
(B) a sign posted on the property that:
- (i) includes the language described by Paragraph (A) in both English and Spanish;
- (ii) appears in contrasting colors with block letters at least one inch in height; and
- (iii) is displayed in a conspicuous manner clearly visible to the public.
(a) A license holder commits an offense if the license holder:
- openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
- received notice that entry on the property by a license holder openly carrying a handgun was forbidden.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
- "Entry" has the meaning assigned by Section 30.05(b).
- "License holder" has the meaning assigned by Section 46.035(f).
- "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or
(B) a sign posted on the property that:
- (i) includes the language described by Paragraph (A) in both English and Spanish;
- (ii) appears in contrasting colors with block letters at least one inch in height; and
- (iii) is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
(f) It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster.
(a) Except as provided by Subsection (i), a state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a license to carry a handgun, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.
(b) A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:
- not less than $1,000 and not more than $1,500 for the first violation; and
- not less than $10,000 and not more than $10,500 for the second or a subsequent violation.
(c) Each day of a continuing violation of Subsection (a) constitutes a separate violation.
(d) A resident of this state or a person licensed to carry a handgun under this subchapter may file a complaint with the attorney general that a state agency or political subdivision is in violation of Subsection (a) if the resident or person provides the agency or subdivision a written notice that describes the violation and specific location of the sign found to be in violation and the agency or subdivision does not cure the violation before the end of the third business day after the date of receiving the written notice. (See complete statute. Edited for space Considerations.)
(a) A person commits an offense if the person [he] intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
- on the person's own premises or premises under the person's control; or
- inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which:
- the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
- the person is:
- (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
- (B) prohibited by law from possessing a firearm; or
- (C) a member of a criminal street gang, as defined by Section 71.01.
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder ’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
- on the premises of an institution of higher education or private or independent institution of higher education; or
- on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:
- the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
- the discharge of a firearm or air gun at a sport shooting range.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
- require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
- regulate the discharge of firearms or air guns within the limits of the municipality, other than at a sport shooting range;
- regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
- regulate the use of firearms, [or] air guns, or knives in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
- regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation;
- regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:
- (A) public park;
- (B) public meeting of a municipality, county, or other governmental body;
- (C) political rally, parade, or official political meeting; or
- (D) nonfirearms-related school, college, or professional athletic event;
7. regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption; or
8. regulate the carrying of an air gun by a minor on:
- (A) public property; or
- (B) private property without consent of the property owner.
(c) The exception provided by Subsection (b)(6) does not apply if the firearm or air gun is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm or air gun is of the type commonly used in the activity.
(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm, air gun, knife, or ammunition from an individual who is lawfully carrying or possessing the firearm, air gun, knife, or ammunition.
(e) In this section:
- (1) "Air gun" means any gun that discharges a pellet, BB, or paintball by means of compressed air, gas propellant, or a spring.
- (2) "Knife" has the meaning assigned by Section 46.01, Penal Code.
- (3) "Sport shooting range" has the meaning assigned by Section 250.001.
(f) The attorney general may bring an action in the name of the state to obtain a temporary or permanent injunction against a municipality adopting a regulation in violation of this section.
- (a) A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.
- (b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.
- (c) The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection
- (d) before ceasing to detain the individual unless the officer:
- arrests the individual for engaging in criminal activity; or
- seizes the firearm as evidence in a criminal investigation.
Miscellaneous laws
A private citizen is allowed to sell, gift, or lease a handgun to any person 18 or older who is not a felon. No gun registration or purchase license is required in Texas.
To purchase from a federally licensed gun dealer a person must be 21 years or older.
Local Gov Code § 229.001. Firearms; Air Guns; Knives; Explosives.
(a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:
- the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
- the discharge of a firearm or air gun at a sport shooting range.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
-
- require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
- regulate the discharge of firearms or air guns within the limits of the municipality, other than at a sport shooting range;
- regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
- regulate the use of firearms, [or] air guns, or knives in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
- regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation;
- (6)regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:
- (A) public park;
- (B) public meeting of a municipality, county, or other governmental body;
- (C) political rally, parade, or official political meeting; or
- (D) nonfirearms-related school, college, or professional athletic event;
- regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption; or regulate the carrying of an air gun by a minor on:
- (8) regulate the carrying of an air gun by a minor on:
- (A) public property; or
- (B) private property without consent of the property owner.
(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm, air gun, knife, or ammunition from an individual who is lawfully carrying or possessing the firearm, air gun, knife, or ammunition.
(e) In this section:
- (1) "Air gun" means any gun that discharges a pellet, BB, or paintball by means of compressed air, gas propellant, or a spring.
- (2) "Knife" has the meaning assigned by Section 46.01, Penal Code.
- (3) "Sport shooting range" has the meaning assigned by Section 250.001.
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Texas Department of Public Safety
Contact
Address 5805 North Lamar Blvd.
CityAustin, TX 78752-4431
Phone (512) 424-7293
Hours
Monday – Friday 9am – 5pm
Saturday Closed
Sunday Closed
The application for a concealed carry handgun license must be processed within 60 - 180 days of the application being received. Applications can take up to 180 days if there is missing documents or information.
Under Places Off Limits in Texas – This is not entirely accurate: “It is an offense to carry a concealed handgun if a person is involved in criminal activity.”
It should have an additional note – ” …, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating”. This is under Penal Code Section 46.02.
This is INACCURATE:
“Places Off Limits in Texas – On the premises of a church, synagogue, or other place of worship”
The law stipulates: “if effective notice of prohibition is given per Penal Code Chapter 30”
See question #38 at http://www.dps.texas.gov/RSD/LTC/faqs/index.htm
Thanks for pointing that out, we have made the necessary corrections.
I have recently moved from Arizona to Texas where I am now a resident and have a Texas Drivers License. As a resident, can I still legally carry with my Arizona Carry License?
According to what i read above, ” 44 Recognized states Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, New York City, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wyoming How Reciprocity Works In Texas All non-resident permits from states that Texas honors will be accepted in Texas as long as the holder of the permit is at least 21 years old.” I am curious… Read more »
I’m not sure I would want to be in a shooting situation where the legality of my permit was called into question. Once you move to TX, get a TX resident permit. A court will find any and every reason to rip your case appart if you go to court. Give them one less angle to come at you.
If you are now a permanent resident of TX you will need to get a new DL and LTC for TX.
I was told by a local guy that does CHL training that (in my case) my MIchigan CPL became void as soon as I moved from the state, whether I still had my Michigan driver’s license or not. Not taking any chances, will take the Texas CHL training. Besides, I want to learn as much about Texas gun laws as I can.
I am confused by the response in the open carry box above. Specifically, the general statement that the police have the authority under any circumstance to ask for your chl/ltc . It was my understanding for the Attorney General that the mere fact of carrying openly was not cause enough to stop a person to inspect their license. I may be missing it in the full text of 46.035. If that was allowed it would permit harassment of holders by the police.
A peace officer may certainly ask for a license at any time, but that is a distinct question from whether the carrier is required to provide the license.
While neither the Texas legal code nor the attorney general has clarified whether open-carrying by itself justifies a temporary detention by a peace officer (although the Terry stop criteria would seem to indicate that it does not provide such justification), the law does indeed state that a license holder must display the LTC if a peace officer demands identification.
This question prompts me to ask the following:
Texas Penal Code 38.02 states that an citizen is not required to provide ID to law enforcement unless having, about to, or in the process of committing a crime. However, the LTC seems to suggest law enforcement can “roll up on you” and ask for ID. If you are licensed AND carrying, you must present ID.
Am I interpreting this correctly?
No sir. You only have to ID if lawfully arrested. LTC has been acknowledged by supreme court to be an ID. Carrying a handgun is not reason for ID. 38.02 clearly states ” (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2)… Read more »
Check that. As your own post detailed, a person is required to ID to law enforcement when being arrested, AND when being lawfully detained. i.e.- If you get stopped for a traffic violation, you are not under arrest, you are being detained, and yes, you are required by law to identify yourself to law enforcement. And in reality, it is actually not a good idea to become instantly confrontational when interacting with law enforcement. And yes, even if its legal, refusing to speak to or identify yourself to law enforcenent IS being confrontational. At the very minimun, you will raise… Read more »
I think the original question was concerning if your just walking down the sidewalk and are asked to show ID. Which in that case you are neither arrested or detained. In such an instance the law does not require you to show your ID. If your just walking though and are stopped without doing anything then the officer is most likely just fishing anyway.
What are the laws regarding carrying a concealed handgun into a convenience store that does NOT generate 51% of income from alcohol sales, like a gas station? At many of these stores, I see signs that say something about the “unlawful carrying of a handgun” not being allowed, but they are not the usual 30.06 or 30.07 signs that I know are clear bans of any guns on the premises. Do those signs on convenience store windows and doors simply mean that if you are not legally allowed to carry a concealed handgun in Texas that you cannot walk in… Read more »
The 51% sign applies to establishment such as restaurants that serve alcohol. A store would require 30.06/30.07 signage. 30.06/30.07 alerts persons if or how they are allowed to carry on the property.
Thanks, but I definitely understand that. I also know that the 30.06/30.07 sign or the 51% sign are the only ones that can be used to legally ban me from taking my gun inside of an establishment. But specifically, the signs that mention the “unlawful carrying of a handgun” are the ones confusing me. What is the point to them? If you’re carrying a handgun unlawfully, isn’t it illegal anyway, no matter where it’s carried? What purpose would that particular sign serve?
The 51% sign refers to establishments such as liquor stores. You can legally carry in restaurants unless they have the 30.06 or 30.07 signs.
51% establishments have specific signs that need to be posted. 06 and 07 signage is different, and if the holder ignores can result in criminal trespass.
The point of the “unlicensed possession” signs is to indicate to patrons that the penalty for such possession is raised from a misdemeanor to a felony since the establishment sells alcohol; they do not apply to anyone carrying a valid LTC.
I understand that the law in Texas about carrying in church has changed but i have not been able to confirm can anybody help Thank
This is a tricky question partner. Places of worship are the only entity exempt from posting the 30.06/30.07 signs. They are only required to inform you that they prohibit carry. The reason for the exemption was to save these entities from having to post the big, ugly signs at every door.
As Steven mentioned below, Juan’s claim that places of worship are exempt from providing the legally prescribed notice to prohibit handgun carry is completely wrong.
You are allowed to carry in any place of worship unless they post the proper (perfectly accurate) signage of 30.06/.07. HOWEVER – important note – it is a Class A misdemeanor (instead of Class C like most places) if you go past these signs armed just like amusement parks (Six Flags), hospitals & nursing homes. A church representative (not just fellow church goer) can also, just like any place else, provide you with verbal or written notice once you enter armed, and you’d have to leave or it’s a Class A misdemeanor. I don’t know what Juan is talking about,… Read more »
I belong to a Texas Jewish Gun Club. I have a LTC and carry in synagogue every week. We also have security at the property entry gate. Some other places may not allow this, but it must be posted.
It is basically up to the pastor if you can carry in the church. Some pastors don’t mind if you do, they may be carrying themselves. I have talked to my Pastor it he don’t have a problem with it, he said that there was some others that carry in chuch.
Is it possible to get someone else’s gun license revoked because you know they are mentally & emotionally unstable when they are emotionally? I love with this person and I don’t think it’s safe for them to own a gun is there anyway I can change that?
Is Illionis Concealed carry legal in virginia?
Is it’s legal for me too carry my rifle into places that have 3006 3007 laws
The 30.06/07 signage has nothing to do with long guns at all – in any way. The only signage that can technically bar you carrying a long gun is a TABC “Blue” sign. If you ever go to Wal-Mart, look at the front doors – they’ll have it posted.
How can the TABC Blue Signs at a WalMart be enforced when they SELL firearms?
You would be in violation the moment you purchased any unlicensed weapon (shotgun, rifle, etc).
only if it’s a 30.06, or maybe only if its any other calibre…
The top of this page says signs are not enforced. The detail section at the bottom says yes, they are enforced. If it is the official 30.06 (concealed) or 30.07 (open), it does carry the force of law. If it is a gunbuster (circle with a line through it) or any other unofficial sign it does not carry the weight of law. Can we get this updated? I would recommend the top say Yes/No (see detail) and provide the detail at the bottom. Thanks!
Thanks for that info Patrick. We have updated that section, there are actually 3 signs.
I have a ccp and am going to Colorado on vacation
Can I carry my pistol with my texas ccp
As long as you are a Texas resident with a Texas LTC and at least twenty-one years old, you may do so, but be sure to comply with Colorado’s laws and regulations, including their restrictions on magazine capacity.
I have a question that seems to have no answer. Pre 1898. Not considered firearms by the federal or state view. Would this require someone to have a license to carry a 1873 colt peacemaker (cap and ball variety)? Meets all criteria for consideration of not a firearm, pre 1898, black powder only, and percussion. I know this question may lead to all types of divergence from the stated question, and personally I don’t look forward to the quarreling, I’m just trying to get a straight forward answer with supporting legal documentation. I have already submitted a request for the… Read more »
Since Texas law doesn’t recognize pre-1899 black powder weapons as being firearms, so you do NOT need a license to carry them. Penal Code 46.01 (3) “Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or (B) a replica… Read more »
Texas has the sorriest reasons to not let a person get a gun permit.and it has nothing to do with guns just about collecting money.I don’t see how any one thinks this is right and constitutional and legal.
Carrying in a non-state hospital, church, and amusement park IS permitted if they are not posted with the 30.06 or 30.07 signs.
Also nursing home. Remember that carrying past those signs at those previously prohibited place is a Class A misdemeanor not the normal Class C.
What if there are no 06 07 signs, and the church is also a private catholic school?
I’m confused, above under the heading “Places Off Limits in Texas,” the website states “It is an offense to carry a concealed handgun in plain view.” I find the terms “concealed” and “in plain view” mutually exclusive. Under what circumstances could a handgun be concealed and in plain view? What am I missing here?
Totally agree, has been modified, thanks for letting us know.
Is my FLORIDA LICENSE GOOD TO STILL CARRY MY HANDGUN IN TEXAS OR DO I NEED TO GET THE TEXAS ONE !?
Conceal carry in Teaxas requries a LTC?
If you are asking then you most likely can’t read and shouldn’t own a gun
John, just because someone is ignorant of the current law doesn’t mean they shouldn’t own a gun. Everyone should own a gun for the simple reason of self defense barring mental illness or other disqualifying reason presented by the state.
Sam, yes you have to have an LTC to conceal carryon open carry on your person outside of your vehicle or your personal property.
John doe is the smartest man on the planet don’t ya see!?that’s why he answers like that.lol
john you are the reason why ppl carry gun
Your taking up valuable oxygen John Doe and your a pussy for joy using your real name. If your gonna sling crap at people you should use your gun in yourself. Ugh one in every crowd folks
Someone scrolled past every important section of information and went straight to the comments
Maine and Vermont are “permitless carry” states, but I see that they are listed as not honoring the Texas CCL. Does that mean that I would not be allowed to carry my pistol in Maine or Vermont, even though they have “permitless carry”.
Glen
That’s a dumb question, since you can read and click on those States with your mouse button you clearly don’t need to own a gun
I am from Vermont. The only laws are you cannot be a felon and if you encounter law enforcement, you need to notify. Also, unload for travel in a vehicle if you have rifles. Open carry is ok for anyone! Hope it helps.
Damn! Maine and Vermont gun laws kicks Texas’ butt.
The problem is getting to those states from anywhere else. You have to travel through NY to get there where your Constitutional 2A rights do not exist. If you carry, even disassembled, empty, and locked up it is still a felony. Law enforcement doesn’t or refuses to recognize FOPA. Get caught transporting “LEGALLY” and you are screwed.
To carry concealed in my vehicle, do I have to have a Texas License to Carry or is my Louisiana license good?
Your LA license is fine.
You do not need a license to carry of any sort to carry a firearm concealed in your vehicle in Texas. You must simply be eligible to own a firearm under the law. You may also conceal the firearm to and from your home or place of business without a license. It’s under the Motorist Protection Act of 2007 (HB 1815.) That being said, your Louisiana license allows you to act as if you had a Texas LTC for all intents and purposes as we have bilateral reciprocity.
I have a alabama permit to carry my pistol. We are coming to visit my family that lives in texas very soon will the state of texas allow me to carry my pistol on my side in the holster without getting into trouble. Please let me know as soon as possible because i dont want to break any laws.
Yes, look above and the State of Texas does honor the State of Alabama so you are good.
Yes you can carry it