Who can carry without a license
Under Texas Penal Code 46.02, as changed by House Bill 1927 in 2021, a person 21 or older who is not legally barred from having a firearm may carry a handgun without a license. You may not carry if you are prohibited under state or federal law, for example because of a felony conviction or a family violence conviction, or if you have been convicted of certain assault, deadly conduct, terroristic threat or firearm-related disorderly conduct offenses committed within the five years before the date you are carrying.
Ages 18 to 20: a 2022 federal court decision, Firearms Policy Coalition v. McCraw, held that Texas could not enforce its age-21 limits against law-abiding 18- to 20-year-olds who want to carry a handgun for self-defense outside the home. The statute itself still says 21, and it is not settled how far the ruling reaches, so anyone 18 to 20 should get legal advice, and a License to Carry if eligible, before carrying.
How you carry
- Openly displaying a handgun in a public place is an offense unless it is carried in a holster (Penal Code 46.02(a-5)).
- Carrying while intoxicated is an offense except on your own property, on private property where the owner allows it, or in your own vehicle or one you are using with permission.
- In a car, a handgun in plain view must be holstered, and you may not carry at all if you are engaged in criminal activity other than a Class C traffic violation, or if you are barred from having a firearm (Penal Code 46.02(a-1)).
Places you cannot carry
Texas Penal Code 46.03 lists places where weapons are prohibited. Carrying in most of them is a third-degree felony; sporting events, hospitals, nursing facilities, amusement parks and civil commitment facilities are Class A misdemeanors. The places include:
- Schools, school buses and school-sponsored activities
- College premises, except for licensed concealed carry where the law allows it
- Polling places on election days and during early voting
- Courts and court offices
- Racetracks and secured areas of airports
- Businesses that earn 51% or more of their income from on-site alcohol sales (look for the red "51%" sign)
- Correctional facilities and mental hospitals
- Properly noticed meetings of government bodies
- High school, college and professional sporting events, hospitals, nursing facilities and amusement parks
Some of these have exceptions for license holders or other groups, so read the statute or ask a lawyer before you carry somewhere close to the line.
"No guns" signs
Private property owners can keep handguns out. Signs that follow Penal Code 30.06 (concealed carry) and 30.07 (open carry) must use the exact wording in the statute, in English and Spanish, in one-inch block letters. For license holders, ignoring a proper sign is a Class C misdemeanor, and refusing to leave after being told in person is a Class A misdemeanor. Unlicensed carriers are covered by the general trespass statute, 30.05, with similar penalties. Signs at government-owned buildings generally do not apply unless the building is one of the prohibited places in 46.03.
Why a License to Carry still helps
- It lets you carry in other states that honor a Texas license.
- It allows concealed carry in some places, like many college campuses, where unlicensed carry is not allowed.
If police stop you while you are armed
A license holder who is carrying must show both a driver's license or ID and the handgun license when an officer asks for identification (Government Code 411.205). Texas law does not require a person carrying without a license to tell an officer about the handgun. Whatever your status, the safest practice is to keep your hands visible and calmly tell the officer where the gun is before reaching for anything.
If you were arrested or your gun was seized
Unlawful carry arrests still happen, including arrests of people who were carrying legally. A seized firearm can often be recovered once the case ends, and some old unlawful carry arrests can now be expunged. Learn about firearm rights and expunction.
Sources: Tex. Penal Code 30.05, 30.06, 30.07, 46.02, 46.03; Tex. Gov't Code 411.205; H.B. 1927 (87th Leg., 2021); Firearms Policy Coalition v. McCraw, 623 F. Supp. 3d 740 (N.D. Tex. 2022). Reviewed November 2026. This guide is general information, not legal advice for your situation.