In September 2021, Texas joined over 20 other states in allowing constitutional carry—the ability to carry a handgun without a license. While this law expanded gun rights for many Texans, it didn’t eliminate restrictions entirely.
The stakes are high. Violating Texas gun laws can result in felony convictions that strip away your right to own firearms permanently. Understanding who qualifies, where you can carry, and what penalties you face isn’t just about exercising your rights—it’s about avoiding criminal penalties that could upend your life.
Because gun laws remain complex and highly technical, many arrests still arise from misunderstandings about Firearm Offenses and prohibited possession situations under Texas law.
If you’re facing gun or weapon charges in Texas, contact our attorneys at (972) 528-0116.
What Is Constitutional Carry in Texas?
Constitutional carry in Texas allows eligible individuals 21 or older to carry a handgun without a License to Carry (LTC), provided they are not otherwise prohibited by law.
Effective September 1, 2021, Texas House Bill 1927 removed the license requirement for law-abiding citizens to carry handguns, both open carry (visible in a holster) and concealed carry. However, constitutional carry doesn’t mean unrestricted carry—Texas Penal Code still prohibits certain people from possessing firearms and restricts where you can carry.
Constitutional Carry vs. License to Carry
| Aspect | Constitutional Carry | License to Carry (LTC) |
|---|---|---|
| Age Requirement | 21+ (some exceptions for military) | 21+ (18+ for military) |
| Training Required | None | Yes—state-approved course |
| Reciprocity | Texas only | Honored in 40+ states |
| 30.07 Signage | Prohibits open carry | Additional exceptions |
| Federal Gun-Free Zones | Limited exceptions | More exceptions available |
Many Texans still choose to obtain an LTC because it offers legal advantages, particularly when traveling across state lines.
Who Can Carry a Handgun Under Texas Law?
Not everyone qualifies for constitutional carry. Texas law sets strict eligibility standards, and violations carry serious criminal consequences.
You Must:
- Be at least 21 years old (exceptions exist for active military members 18 or older)
- Not have felony convictions (unless rights have been restored after five years)
- Not be convicted of certain misdemeanors, including domestic violence offenses
- Not be subject to a protective order or restraining order
- Not be intoxicated while carrying a firearm
Who Is Prohibited from Carrying?
Under Texas Penal Code §46.04, the following individuals cannot legally possess firearms:
- Convicted felons (within five years of release or still on supervision)
- Individuals with domestic violence convictions
- Anyone subject to an active protective order
- People convicted of certain misdemeanors involving threats or violence
- Individuals with outstanding warrants for Class A or B misdemeanors
Unlawful carry by a prohibited person can result in third-degree felony charges, carrying 2 to 10 years in prison and fines up to $10,000. For convicted felons who carry handguns in public, penalties are even more severe: a second-degree felony with a mandatory minimum of 5 years in prison.
If you’ve been charged with Texas firearm and weapon offense charges, immediate legal representation is critical.
Where Is Carry Prohibited in Texas?
Texas law prohibits firearms in specific locations under Texas Penal Code §46.03. Violations can result in criminal charges ranging from Class A misdemeanors to third-degree felonies.
Locations Where Carry Is Prohibited (Texas Penal Code §46.03)
Texas law explicitly bans firearms in:
- Schools and school grounds (including K-12 and higher education institutions)
- Polling places on election days
- Courts and court offices (courtrooms, offices of court clerks, and associated areas)
- Racetracks (horse and dog racing venues)
- Secured airport areas (beyond TSA checkpoints)
- Within 1,000 feet of an execution site on execution days
- Government meetings (if proper notice is provided under Texas Government Code)
- Bars and establishments deriving 51% or more of revenue from alcohol (identified by red “51%” signs)
- Hospitals (if properly posted with 30.06 or 30.07 signage)
- Amusement parks (if posted with proper signage)
- Correctional facilities
- Sporting events (professional and semi-professional venues)
Carrying in a prohibited location is generally a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000 under Texas Penal Code §46.03(g). However, certain exceptions apply: carrying a location-restricted knife in a prohibited place is a Class A misdemeanor.
Private Property & 30.05 / 30.06 / 30.07 Notices
Private property owners have the right to prohibit firearms on their premises using specific signage authorized under Texas law:
30.05 Signage: Prohibits firearms carry by those without a License to Carry (applies to constitutional/permitless carriers)
30.06 Signage: Prohibits concealed carry by License to Carry (LTC) holders specifically
30.07 Signage: Prohibits open carry by License to Carry (LTC) holders specifically
For these notices to be legally enforceable, they must:
- Be displayed in contrasting colors with block letters at least one inch tall
- Be posted in English and Spanish
- Appear in a conspicuous location clearly visible to the public
⚠️ Important distinction:
The 30.06 and 30.07 signs specifically reference “license holders” in their statutory language and primarily apply to LTC holders. The 30.05 sign applies to those carrying without a license (constitutional carriers). Property owners who want to prohibit all firearms must post all three signs (30.05, 30.06, and 30.07).
Ignoring valid 30.05 signage is a Class C misdemeanor (fine up to $200). However, if you refuse to leave when asked by someone with authority, charges escalate to Class A misdemeanor criminal trespass. Violating 30.06 or 30.07 signage as an LTC holder carries similar penalties.
Open Carry vs. Concealed Carry in Texas
Texas law allows both open and concealed carry under constitutional carry, but with specific requirements.
Open Carry
Open carry means visibly carrying a handgun in a belt or shoulder holster. Texas requires open-carried handguns to be in a holster—you cannot carry openly in your hand or waistband.
Concealed Carry
Concealed carry means carrying a handgun not visible to ordinary observation, including inside waistband holsters, concealed carry purses, or under clothing.
Key Differences for LTC Holders
License to Carry (LTC) holders have additional protections:
- Reciprocity: LTC is recognized in over 40 states
- Federal Gun-Free School Zone exceptions: LTC holders can carry within 1,000 feet of schools (non-LTC carriers generally cannot)
- 30.07 signage exceptions: Some establishments may post 30.07 signs but still allow concealed carry by LTC holders
If you travel frequently or carry near schools, obtaining an LTC may be necessary to avoid unintentional violations.
Can You Carry a Gun in Your Car in Texas?
Yes—Texas law allows most individuals to carry a handgun in their vehicle without a license under the Texas Motorist Protection Act (Texas Penal Code §46.02).
Vehicle Carry Rules
You can legally carry a concealed handgun in your vehicle if you are not otherwise prohibited from possessing a firearm, the handgun is concealed (not in plain view), you are not engaged in criminal activity (other than a Class C misdemeanor traffic violation), and you are not intoxicated.
⚠️ Important: If police pull you over and you have a firearm in the vehicle, Texas law does not require you to immediately inform the officer unless asked. However, many attorneys recommend disclosing the presence of a firearm to avoid escalation.
Vehicle Carry Restrictions
Carrying a firearm in your vehicle is prohibited if you are intoxicated (blood alcohol concentration of 0.08% or higher), are a convicted felon, are subject to an active protective order, or are on school property (including parking lots).
Penalties for Violating Texas Constitutional Carry Laws
Violating Texas gun laws can result in serious criminal consequences, including jail time, fines, and permanent loss of firearm rights.
Third-Degree Felony
Unlawful carry in prohibited places (Texas Penal Code §46.03)
- Penalties: 2 to 10 years in prison, fines up to $10,000
- Examples: Carrying into a school, courthouse, or 51% establishment
Unlawful carry by a prohibited person (Texas Penal Code §46.04)
- Penalties: 2 to 10 years in prison, fines up to $10,000
- Examples: Prohibited person possessing firearm at home after five-year restriction period
Second-Degree Felony
Felon carrying in public (Texas Penal Code §46.02(a-7))
- Penalties: 5 to 20 years in prison (5-year minimum mandatory), fines up to $10,000
- Examples: Convicted felon carrying handgun in public or in vehicle
Enhanced Penalties
Certain circumstances escalate penalties, including weapons in weapon-free zones (carrying in schools or government buildings), gang-related offenses, and prior convictions leading to longer sentences.
Long-Term Consequences
Beyond jail and fines, a weapons conviction can result in a permanent criminal record affecting employment, housing, and professional licenses; loss of gun rights (potentially permanent for felony convictions under federal law); federal firearm prohibitions under 18 U.S.C. §922; and enhanced penalties for repeat offenses.
If you’ve been arrested for unlawful carry in Texas, contact our criminal defense attorneys at (972) 528-0116.
Do You Still Need a License to Carry (LTC) in 2026?
Constitutional carry eliminated the requirement for most Texans to obtain a permit, but there are still significant advantages to holding an LTC.
Advantages of an LTC
| Benefit | Constitutional Carry | LTC Holders |
|---|---|---|
| Interstate Reciprocity | No | Yes (40+ states) |
| Federal Gun-Free Zones | Limited exceptions | More exceptions |
| 30.07 Signage | Must comply | Additional protections |
| Faster Firearm Purchases | Standard background check | Expedited process |
| Concealed Carry in Schools | Prohibited | Exceptions for some staff |
Who Should Consider an LTC?
You should obtain an LTC if you travel frequently across state lines, live or work near schools (subject to federal Gun-Free School Zone Act), want to avoid delays during firearm purchases, or prefer the legal protections and training an LTC provides.
The application process requires a state-approved firearms training course (4-6 hours), background check, fingerprinting, and application fee ($40 for initial license). You can apply through the Texas Department of Public Safety.
Real-World Examples of Constitutional Carry Mistakes
Understanding the law in theory is one thing—applying it correctly in real life is another. Here are three common scenarios where Texans have faced criminal charges.
❌ Scenario 1: Carrying Into a Posted Hospital
What Happened: A Texas resident carried a concealed handgun into a hospital emergency room. The hospital had posted 30.06 signage near the entrance, but the resident didn’t notice it.
Legal Consequence: Security detained the individual, and police issued a Class C misdemeanor citation. When asked to leave, the individual refused, escalating the charge to Class A misdemeanor criminal trespass.
Takeaway: Always check for 30.05, 30.06, or 30.07 signage before entering private property. Hospitals, churches, and businesses frequently post these signs. Note that 30.06 and 30.07 specifically apply to LTC holders, while 30.05 applies to constitutional carriers.
❌ Scenario 2: Carrying While Intoxicated
What Happened: A Dallas resident attended a birthday party at a bar and carried his handgun concealed. After drinking several beers, he left the bar and was stopped at a DWI checkpoint.
Legal Consequence: He was arrested for DWI and charged with unlawful carry while intoxicated under Texas Penal Code §46.02. The unlawful carry charge was a Class A misdemeanor.
Takeaway: Never carry a firearm while consuming alcohol or when your BAC is 0.08% or higher. Even if you’re not driving, carrying while intoxicated is illegal.
❌ Scenario 3: Misreading 30.05 Signage
What Happened: A Texas resident saw a “No Guns Allowed” sign on a private business but assumed it wasn’t legally enforceable because it wasn’t a 30.06 or 30.07 sign. He carried concealed into the store anyway.
Legal Consequence: The store manager asked him to leave. When he refused, police were called, and he was charged with Class A misdemeanor criminal trespass under Texas Penal Code §30.05.
Takeaway: Even if signage doesn’t meet the strict requirements of 30.06 or 30.07 (which apply to LTC holders), property owners can still ask you to leave under 30.05 (which applies to constitutional carriers). Refusing to comply results in criminal trespass charges.
How a Texas Criminal Defense Lawyer Can Help
If you’ve been charged with unlawful carry, weapons possession, or related offenses, an experienced attorney can protect your rights and fight for the best possible outcome.
Common Defense Strategies
Our attorneys use proven strategies including challenging unlawful searches when police searched your vehicle or person without probable cause, challenging improper signage when 30.06 or 30.07 signage was improperly displayed, defending against prohibited person accusations when you were wrongly classified, and negotiating dismissal or reduction of charges, especially for first-time offenders.
If you need an experienced Dallas criminal defense lawyer, contact us at (972) 528-0116.
Charged With Unlawful Carry in Texas? Contact Us Today.
Unlawful carry charges can result in jail time, thousands of dollars in fines, and permanent loss of your gun rights. Whether you were unaware of a restriction, misread signage, or were wrongfully accused, you need an experienced attorney who understands Texas gun laws.
At the Law Offices of Richard C. McConathy, we’ve successfully defended clients facing firearm and weapon charges across Dallas, Collin, Denton, and Tarrant counties. Our attorneys have extensive experience handling unlawful carry in prohibited places, felon in possession charges, carrying while intoxicated, and improper signage disputes.
We fight aggressively to protect your rights. Contact us at (972) 528-0116 or reach out online for a consultation.
Frequently Asked Questions (FAQ)
Can an 18-year-old carry under constitutional carry in Texas?
Generally, no. Texas constitutional carry requires individuals to be 21 or older. However, there are exceptions for active-duty military members aged 18 or older. Federal courts have issued rulings challenging age restrictions, but as of 2026, Texas enforcement remains at 21+ for most civilians.
Can police stop you just for carrying a handgun?
No. Under Texas law, openly carrying a handgun in a holster is legal for eligible individuals. Police cannot stop you solely for lawful carry, but may detain you if they have reasonable suspicion that you are prohibited from carrying or carrying in a restricted area.
Does constitutional carry apply to long guns?
No. Constitutional carry in Texas applies only to handguns. Long guns (rifles and shotguns) have different rules and are generally not subject to the same carry restrictions, though certain locations (schools, government buildings) still prohibit them.
Can you carry in a church in Texas?
Yes, unless the church posts 30.06 or 30.07 signage prohibiting carry. Religious institutions have the right to prohibit firearms on their property. Always check for signage before entering.
What happens if I accidentally carry into a prohibited location?
You can still be charged with unlawful carry, even if the violation was unintentional. However, prosecutors may offer reduced charges or dismissal if you have no prior criminal history and the violation was clearly accidental.