These FAQ answers summarize Texas concealed carry law for instructors and License to Carry (LTC) students. Each answer cites the operative provision of...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
These FAQ answers summarize Texas concealed carry law for instructors and License to Carry (LTC) students. Each answer cites the operative provision of the Texas Penal Code, Government Code, or other controlling chapter and points to the deeper section in this guide for full statutory analysis. The Texas Department of Public Safety (DPS) Regulatory Services Division is the controlling administrative reference for licensing questions, and the Office of the Attorney General publishes the official reciprocity list.
Yes. Since September 1, 2021, when HB 1927 took effect, qualifying adults 21 and older may carry a handgun openly or concealed in a public place without any permit. The operative statute is Tex. Penal Code § 46.02(a). A person 21 or older who is not a federally prohibited person, has no listed disqualifying conviction in the preceding five years, and is not engaged in criminal activity does not commit Unlawful Carrying of Weapons just by carrying a handgun on or about the person. See CONSTITUTIONAL_CARRY for the full HB 1927 framework and the listed disqualifying offenses under § 46.02(a)(2).
No statutory requirement, but several practical reasons remain to get one. A Texas LTC is recognized in roughly three dozen other jurisdictions under Tex. Gov't Code § 411.173, while permitless carry under § 46.02(a) does not travel. The LTC operates as a federal NICS-alternative permit at the dealer counter, eliminating the background check on every handgun purchase. The LTC unlocks the § 46.15 carve-outs and the § 46.03 license-holder exceptions, including campus carry on postsecondary institution grounds and access to certain government meetings. Permitless carriers do not get any of those benefits. See PERMIT_BASICS for the full list of LTC benefits.
Twenty-one for both permitless carry under Tex. Penal Code § 46.02(a) and the standard LTC under Tex. Gov't Code § 411.172(a). Texas opens two narrow doors at 18. Tex. Gov't Code § 411.172(g) authorizes an LTC for an applicant 18 to 20 who is a member or veteran of the U.S. armed forces, including reserves and national guard, discharged under honorable conditions if discharged. Tex. Gov't Code § 411.172(i) authorizes an LTC for an applicant 18 to 20 who is protected under an active family-violence or stalking protective order. Federal law continues to bar dealer purchases of handguns under 21 regardless of state LTC status.
You apply directly with the Texas Department of Public Safety. Texas runs a single statewide licensing system, and there is no county sheriff or municipal piece of the licensing decision. Tex. Gov't Code § 411.174(a) requires applicants to submit through the DPS Regulatory Services Division. The application packet, fingerprint capture (through IdentoGO or another DPS-approved vendor), and supporting documents flow through the DPS LTC online portal. See APPLICATION_PROCESS for the step-by-step filing guide.
The base statutory fee is $40 under Tex. Gov't Code § 411.174(a)(6) for an original or renewed license, plus the price of the proficiency course, which is set by your DPS-certified instructor and typically ranges from $50 to $150 depending on whether the classroom portion is delivered in person or online. The fee is waived for active-duty military and recently discharged veterans under § 411.1951, and reduced by $5 at renewal for applicants 60 and older. Fingerprint capture is a separate fee paid to the DPS-approved fingerprint vendor.
DPS has 60 days from receipt of the complete application, fingerprints, and proficiency evidence to issue or deny under Tex. Gov't Code § 411.177. The 60-day clock can be extended if a qualified handgun instructor recommends disapproval under § 411.188(k). Plan for 8 to 12 weeks end to end including training, document submission, and fingerprint processing. The initial license runs for roughly five years, ending on a birthday under DPS rules promulgated under § 411.183. See APPLICATION_PROCESS for timeline details.
No. Texas imposes no training requirement on permitless carriers under Tex. Penal Code § 46.02(a). Any non-prohibited adult 21 or older may carry without classroom hours, range time, or instructor certification. Many instructors strongly recommend training anyway because the legal framework is genuinely complex (the § 46.03 prohibited-place list, the § 9.31 and § 9.32 deadly-force rules, the holster requirement under § 46.02(a-5)), but state law does not require it. Training is mandatory only for the LTC, where Tex. Gov't Code § 411.188 sets the proficiency-course requirements. See TRAINING_REQUIREMENTS.
Yes, with one critical condition: the handgun must be carried in a holster. Tex. Penal Code § 46.02(a-5) makes it an offense to intentionally display a handgun in plain view in a public place except when the handgun is carried in a holster. The same holster rule applies to license holders under § 46.035(a). Open carry of a handgun has been lawful for LTC holders since January 1, 2016, when HB 910 took effect, and was extended to permitless carriers 21 and older when HB 1927 took effect September 1, 2021. Long guns are not regulated by § 46.02. See OPEN_CARRY for the full holster framework and the § 42.01(a)(8) disorderly-conduct overlay.
Tex. Penal Code § 46.03 lists the locations where carry is prohibited regardless of permit status, subject to listed defenses. The headline categories are schools and postsecondary educational institutions (except as authorized by school regulations), polling places on election day or during early voting, government courts and offices used by the court, racetracks, secured airport areas, "51% premises" (alcohol businesses deriving 51 percent or more of their income from on-premises alcohol sales as determined by TABC), high school, collegiate, or professional sporting events, correctional facilities, hospitals and nursing facilities without written authorization, amusement parks, and open meetings of governmental entities with proper notice. Federal law adds federal buildings under 18 U.S.C. § 930. Tex. Penal Code § 46.035 imposes additional rules on license holders. See PROHIBITED_PLACES for the full list and the § 30.06 / § 30.07 effective-notice requirements.
It depends on the percentage of alcohol revenue. Tex. Penal Code § 46.03(a)(7) prohibits carry on the premises of a business that holds a qualifying TABC permit and derives 51 percent or more of its income from on-premises alcohol sales. The TABC determines the percentage and the establishment must post a "51% sign" of the prescribed dimensions and content if it crosses the threshold. A typical sit-down restaurant where most revenue comes from food is not a 51% premises and is generally lawful for carry, subject to any § 30.06 (concealed) or § 30.07 (open) signage the owner has posted. § 46.02(a-6) carry-while-intoxicated applies uniformly to all carriers (LTC or permitless); the historic LTC-specific § 46.035(d) intoxicated-carry offense was repealed by HB 4595 (2023). See PROHIBITED_PLACES and UNDER_INFLUENCE.
Houses of worship: yes, by default. Texas removed houses of worship from the § 46.035(b) location list in 2019, so a license holder or permitless carrier may lawfully carry into a church, synagogue, mosque, or other place of religious worship unless the property is posted with effective § 30.06 or § 30.07 signage. The owner or person with apparent authority retains the right to exclude carriers through proper signage or oral notice.
K-12 schools: no, with very limited exceptions. Tex. Penal Code § 46.03(a)(1) prohibits carry on the physical premises of a school, with authorized-by-school exceptions. The federal Gun-Free School Zones Act under 18 U.S.C. § 922(q) adds a 1,000-foot zone around every K-12 school, with a license-holder exception only inside the licensing state. Postsecondary institutions are governed by § 46.03(a)(1)(B) and the campus-carry framework in § 46.03(a-3) and (a-4), which operates only against license holders. See PROHIBITED_PLACES.
Yes, subject to four conditions. Tex. Penal Code § 46.02(a-1) makes it lawful for an adult 21 or older who is not engaged in criminal activity (other than a Class C traffic or boating violation) and who is not a prohibited person to carry a handgun in a vehicle the person owns or controls. If the handgun is in plain view, it must be in a holster under § 46.02(a-5). If concealed (under the seat, in the console, in a bag), the holster requirement does not apply. The carrier must not be intoxicated under § 46.02(a-6) and must not be carrying while prohibited under § 46.02(a-7). See VEHICLE_CARRY for the full framework and the § 46.02(a-2) recreational-vehicle extension.
Long guns are not regulated by Tex. Penal Code § 46.02. A non-prohibited adult may transport a rifle or shotgun in a vehicle without any specific Texas-law restriction on case, condition, or chamber. The disorderly-conduct overlay at § 42.01(a)(8) can still apply to a long gun displayed in a manner calculated to alarm. Federal interstate-transport protection under 18 U.S.C. § 926A applies when traveling across state lines through jurisdictions that restrict possession, provided the firearm is unloaded and stored according to the statute.
No. The previous duty-to-inform statute at Tex. Gov't Code § 411.205 was repealed when HB 1927 took effect on September 1, 2021. There is no longer any Texas-law duty for a license holder or permitless carrier to volunteer that they are armed during routine police contact. Tex. Gov't Code § 411.207 still authorizes a peace officer to disarm a license holder during contact when the officer reasonably believes it is necessary for the protection of the officer or the license holder. The cleanest practical answer when an officer asks is a calm factual disclosure, hands visible, with no movement toward the firearm. Lying to a peace officer about a material fact remains a separate offense under Tex. Penal Code § 37.08 and § 38.02. See DUTY_TO_INFORM.
Tex. Penal Code § 9.31 governs ordinary self-defense and § 9.32 governs deadly force. Under § 9.31(a), a person is justified in using force when and to the degree the actor reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force. Deadly force under § 9.32(a) requires that non-deadly force would also be justified and that the actor reasonably believes deadly force is immediately necessary either to protect against unlawful deadly force or to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. The list of triggering felonies is closed: burglary, ordinary trespass, and theft are not on it. See USE_OF_FORCE for the full framework.
They are two distinct rules in Tex. Penal Code § 9.32 and they operate independently. Castle Doctrine, codified in § 9.32(b), creates a rebuttable presumption that the actor's belief in the need for deadly force was reasonable when an intruder unlawfully and forcibly enters the actor's habitation, vehicle, or place of business or employment, or commits one of the enumerated felonies. Texas extends the doctrine to vehicles and workplaces, which is broader than most states. Stand Your Ground, codified in § 9.32(c) and (d), eliminates any duty to retreat for a defender who has a right to be present, has not provoked the other person, and is not engaged in criminal activity at the time. § 9.32(d) bars the finder of fact from even considering whether the defender failed to retreat. A defender can have one without the other, and confusing them is one of the most common student errors. See CASTLE_DOCTRINE for the full analysis and the civil-immunity backstop in Tex. Civ. Prac. & Rem. Code § 83.001.
No. Tex. Penal Code § 46.02(a-6) makes it an offense to carry a handgun while intoxicated, with limited exceptions for the carrier's own property, private property with consent, and a vehicle or watercraft owned by or under the carrier's control. The LTC-specific § 46.035(d) intoxicated-carry offense was REPEALED by HB 4595 (88th Leg., 2023) and is no longer in force; all carriers (LTC or permitless) face a uniform § 46.02(a-6) offense. The bright-line rule to teach is straightforward: if you are carrying loaded, do not drink. If you intend to drink, secure the firearm before drinking begins. Federal law at 18 U.S.C. § 922(g)(3) adds a separate prohibition on firearm possession by any "unlawful user" of a controlled substance. See UNDER_INFLUENCE.
The Office of the Attorney General and DPS administer Texas reciprocity under Tex. Gov't Code § 411.173. Texas honors out-of-state licenses by formal agreement or by similarity determination. As of the publication date of this guide, Texas honors LTCs from roughly 38 jurisdictions, and the Texas LTC is honored in roughly 36 jurisdictions, but specific counts shift as states amend their statutes. A non-resident in Texas who is 21 or older and not a prohibited person is also covered by Tex. Penal Code § 46.02(a) constitutional carry on Texas soil regardless of reciprocity status. Permitless carry does not travel. Pull the current list from the Office of the Attorney General within 30 days of any out-of-state trip. See RECIPROCITY for the state-by-state matrix.
Yes, with proper federal NFA registration. Tex. Penal Code § 46.05(a) categorically prohibits explosive weapons, machine guns, and short-barrel firearms (defined at § 46.01 to include short-barreled rifles and short-barreled shotguns), but § 46.05(a)(1) carves out items registered in the federal National Firearms Registration and Transfer Record (NFRTR) under 26 U.S.C. ch. 53 or otherwise not subject to registration. A Form 1 or Form 4 short-barreled rifle, short-barreled shotgun, or suppressor is lawful in Texas with the federal tax stamp in hand. Civilian-transferable machine guns are limited by federal law to those lawfully registered before May 19, 1986. Unregistered NFA items are a state felony under § 46.05 and a federal felony. See RESTRICTIONS for the full item-based prohibition framework.
There is no Texas magazine capacity limit. Tex. Penal Code § 46.05 does not regulate magazine capacity for handguns or rifles, and Tex. Local Gov't Code § 229.001 preempts any city or county from imposing one. A standard-capacity or extended magazine is lawful in Texas regardless of round count. Federal law similarly imposes no general magazine capacity limit. See PREEMPTION.
No. Texas has no Extreme Risk Protection Order or "red flag" statute. Multiple bills have been introduced in successive legislative sessions but none has become law. The closest existing pathways for involuntary disarmament are mental-health commitment under Tex. Health & Safety Code § 573.001 (officer-initiated emergency apprehension) and § 574.034 (court-ordered temporary inpatient mental health services), and protective orders under Tex. Code Crim. Proc. ch. 7B, art. 17.292, and Tex. Fam. Code ch. 85, which trigger Tex. Penal Code § 46.04(c) and 18 U.S.C. § 922(g)(8). A § 574.034 order is a "commitment to a mental institution" for purposes of 18 U.S.C. § 922(g)(4) and produces an indefinite federal firearm prohibition. See RED_FLAG.
Generally no. Tex. Local Gov't Code § 229.001 broadly preempts local-government regulation of firearms, ammunition, knives, firearm supplies, firearm-related accessories, and ammunition components. With narrow exceptions for discharge ordinances, certain zoning and land-use regulation, and sport shooting range hours, a Texas municipality may not adopt or enforce a firearms regulation. The 2023 amendments to § 229.001 strengthened the enforcement mechanism. A local ordinance that targets lawful firearm activity does not survive. See PREEMPTION.
DPS must notify you in writing and state the ground for denial under Tex. Gov't Code § 411.180. You may request a hearing in justice court in your county of residence within 30 days of the denial notice, and the proceeding is governed by the State Office of Administrative Hearings rules. Final agency action is reviewable in district court. If the denial rests on a stale arrest record, the right path is often to clear the record and reapply rather than litigate. § 411.180 also governs revocation and suspension after issuance.
The Texas Penal Code is published online by the Texas Legislature. Chapter 46 (Weapons) is the operative chapter for licensing, possession, transfer, and carrying. Chapter 9 (Justification) governs self-defense and defense of property. Tex. Gov't Code Subchapter H, Chapter 411 (License to Carry a Handgun) is the operative chapter for the LTC. The Texas Department of Public Safety hosts the application form, the proficiency-course requirements, and the qualified handgun instructor list at the DPS Regulatory Services Division page. The Office of the Attorney General publishes the reciprocity matrix and the official § 30.06 / § 30.07 / 51% sign formats. For close calls, read the statute itself.
<!-- federal-context-block:added-2026-05-20 -->Lautenberg Amendment - 18 U.S.C. § 922(g)(9). A misdemeanor crime of domestic violence (MCDV) - any misdemeanor that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon, committed against a current or former spouse, parent, guardian, person with a child in common, cohabitant, or similarly situated person - triggers a federal lifetime firearm-possession bar that is independent of state law. The federal bar applies even when the state-court conviction did not involve a firearm and even when no firearm-related penalty was imposed at sentencing. The 2024 U.S. Supreme Court decision in United States v. Rahimi reaffirmed that federal firearm disabilities tied to domestic-violence findings remain constitutional under the Second Amendment.
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