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The Cowboy’s Guide to Gun Laws: What You Can (and Can’t) Do in Texas

When people think of Texas, they might imagine wide-open spaces, cowboy hats, and a certain fondness for firearms. While the state’s gun culture is alive and well, there are specific rules and regulations that govern who can carry, what they can carry, and where they can carry it. Whether you’re a lifelong Texan, a new resident, or just traveling through, understanding these regulations is key to staying on the right side of the law. This guide offers a plain-language overview of what you can (and can’t) do in Texas when it comes to firearms.

Permitless Carry in the Lone Star State

One of the biggest changes to Texas gun law happened on September 1, 2021, when House Bill 1927 took effect. This legislation made it legal for most law-abiding Texans aged 21 or older to carry a handgun without a license, often referred to as “permitless carry” or “constitutional carry.” However, this doesn’t mean anyone can carry a firearm freely. Texans must still meet certain requirements:

  • You cannot be prohibited under state or federal law from possessing a firearm (e.g., certain criminal convictions or restraining orders can disqualify you).
  • You must be 21 years of age or older.
  • You cannot be otherwise restricted by federal firearms laws (e.g., dishonorable discharge from the military or felony convictions).

What’s Allowed:

  • Carrying a handgun openly in a holster (belt or shoulder) or concealed on your person, if you meet the requirements above.
  • Keeping firearms in your vehicle or on your property.

What’s Not Allowed:

  • Carrying in places where guns are expressly prohibited by law (e.g., certain government buildings or courthouses).
  • Carrying if you have been legally prohibited from firearm possession (e.g., certain domestic violence convictions).

Because of the new permitless carry law, the state no longer issues Licenses to Carry (LTC). Having a Texas LTC may offer additional benefits, such as reciprocity with other states and potentially smoother firearm purchases (depending on federal instant check systems).

Open Carry vs. Concealed Carry

With or without a license, Texans can generally open carry (with a holster) or concealed carry as long as they meet the legal requirements. However, it’s important to know there can be differences in how private businesses, property owners, and institutions handle each type of carrying:

  • Open Carry: You must keep your handgun in a holster. This usually means a belt or shoulder holster. Some property owners may post signs disallowing open carry (often referred to as 30.07 signs).
  • Concealed Carry: The handgun must be concealed so that it’s not visible to others. Property owners may disallow concealed carry with 30.06 signs.

30.05 signs are a more recent sign requirement indicating criminal trespass and can apply to firearms in certain contexts. If a location is posted with any combination of these signs, they can effectively prohibit firearms—open or concealed—on the premises. Refusing to comply after being notified can lead to criminal charges for trespassing.

Places You Cannot Carry

Even in Texas, where the right to bear arms is broadly respected, there are still areas and circumstances where carrying a handgun is prohibited by law. Here are some common examples:

  1. Federal Buildings: Post offices, federal courthouses, and other federally owned or operated buildings are generally off-limits for firearms.
  2. Courthouses and Certain Government Offices: Texas law prohibits carrying in courtrooms or offices used by the courts for official business (unless the judge specifically authorizes it).
  3. Polling Places: You cannot bring a firearm to a place where voting is occurring (on election day or during early voting).
  4. Schools and School Events: Both K-12 and certain higher education institutions restrict firearms. However, there is a separate “campus carry” law for colleges under particular guidelines.
  5. Bars or Businesses Making 51%+ Revenue from Alcohol: These establishments must post signs indicating that carrying on their premises is not allowed if alcohol sales exceed 51% of their total revenue.
  6. Professional Sporting Events: Firearms are off-limits at many professional sporting events taking place in stadiums or official arenas.

When in doubt, look for posted signs at the entrance or check official policies for the venue you’re visiting. Ignorance of the law isn’t a defense, so it pays to be cautious.

Campus Carry and School Zone

Campus Carry was enacted in Texas in 2015, allowing those with an LTC (License to Carry) to carry concealed handguns in most areas on public college campuses. However, certain areas like laboratories, child-care facilities, or sports venues may have additional restrictions. Community colleges have their own policies. Importantly, open carry is not permitted on college campuses even for LTC holders; firearms must remain concealed.

For K-12 schools, carry is broadly prohibited unless you’re specifically authorized (e.g., certain school marshals or law enforcement). Even with permitless carry, bringing a handgun into a primary or secondary school environment can result in severe legal consequences.

Transporting Firearms in Vehicles

Texas gun laws generally allow you to keep firearms in your vehicle, whether you possess a license or not, as long as you meet the general requirement of not being otherwise prohibited from possessing a firearm. If you’re over 21 and lawfully own the gun, you can carry it loaded or unloaded in your car.

  • Open Visibility: If you do not have a license, the weapon must be concealed in the vehicle, but it can be readily accessible (e.g., glove box, center console).
  • With an LTC: You can carry openly in a holster or concealed on your person inside the vehicle.

Keep in mind that if you drive onto a property where firearms are prohibited, you may be subject to the rules of the property owner. It’s essential to comply with any posted signs, requests, or gun laws to leave if firearms aren’t allowed.

Private Property Rights and “No Guns” Signs

Texas respects the rights of private property owners to control whether firearms are allowed on their premises. As mentioned, you’ll often see signage referencing sections of the Texas Penal Code like 30.05, 30.06, and 30.07. These designate various levels of restriction:

  • 30.05: Criminal Trespass. Can be used to prohibit firearms on the property.
  • 30.06: Prohibits concealed carry (with proper signage).
  • 30.07: Prohibits open carry (with proper signage).

If a property displays these signs in a clearly visible manner, carrying a firearm beyond that point—even if you’re otherwise lawfully allowed to carry—could result in criminal trespass charges.

“Stand Your Ground” and “Castle Doctrine

Texas has long recognized self-defense provisions under what many refer to as the “Castle Doctrine,” extended by statutes sometimes called “Stand Your Ground” laws. Generally, you’re allowed to use force, including deadly force, to protect yourself or others if you reasonably believe there’s an imminent threat of death or serious bodily harm and that the use of such force is immediately necessary.

  • Castle Doctrine: Refers to your right to defend your home (and, in many cases, your vehicle or place of business) without a duty to retreat, as long as you’re there lawfully.
  • Stand Your Ground: Extends that right, in certain circumstances, beyond your home. There is no duty to retreat if you have a lawful right to be where you are.

However, these laws do not provide a blank check for using deadly force. Every situation involving self-defense is unique, and the courts consider whether your actions were reasonable under the circumstances.

Consequences of Violations

Violating Texas gun laws can result in serious criminal charges. Common violations include unlawful possession (for those who are ineligible), carrying in prohibited places, or ignoring proper signage posted by a property owner. Penalties may range from misdemeanor trespassing charges to felony offenses that could jeopardize your right to possess firearms in the future. Always verify you’re in full compliance with state law—especially if you travel to or through states with different firearm statutes.

Staying Informed and Responsible

Gun laws in Texas, while more permissive than in many other states, are not without limitations. The permitless carry law, for instance, doesn’t mean anyone can carry a weapon anywhere they wish. Requirements still apply, and property owners maintain significant control over their premises. Moreover, carrying a firearm demands a high level of responsibility, awareness, and proficiency.

Consider seeking out additional training, even if a license isn’t required. Many shooting ranges and instructors offer courses that teach safe handling, conflict de-escalation, and knowledge of the finer points of Texas gun law. If you do choose to obtain a License to Carry, you’ll gain more structured education, which can prove invaluable if you ever need to defend your actions in a court of law.

Conclusion

Texas has a storied history and a culture that embraces the right to bear arms. While recent legislation has expanded access to carrying handguns for many lawful residents, it’s crucial to remember that “more freedom” doesn’t equal “no rules.” You must still adhere to state and federal laws, respect private property rights, and navigate various signage and restrictions that limit where you can take a firearm. Understanding the nuances of the permitless carry system, open vs. concealed carry rules, and safe handling practices is essential for every responsible gun owner in Texas.

If you’re unsure about any aspect of your right to carry, consider consulting a knowledgeable attorney or taking a training course. Being informed not only helps you avoid legal pitfalls but also ensures you’re acting responsibly and safely in a state where the cowboy spirit still rides tall.

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Categories: Firearms, gun laws

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