Texas allows open carry of a handgun by anyone 21 or older who can lawfully possess a firearm and carries the handgun in a holster. No license is...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Texas allows open carry of a handgun by anyone 21 or older who can lawfully possess a firearm and carries the handgun in a holster. No license is required. The rule sits in Tex. Penal Code § 46.02(a-5): a person commits an offense if they carry a handgun and intentionally display it in plain view in a public place, "except that the handgun was partially or wholly visible but was carried in a holster." Long guns may be openly carried by qualifying persons without any license, subject to the same prohibited-places rules in § 46.03.
The current framework is the product of two statutes. HB 910 (84th Leg., 2015), effective January 1, 2016, allowed License to Carry (LTC) holders to carry handguns openly for the first time in modern Texas history; before that, an LTC was concealed-only. HB 1927 (87th Leg., 2021), effective September 1, 2021, extended permitless carry to non-prohibited adults 21 and older and rewrote § 46.02 around a single holster rule that applies whether or not you hold an LTC. HB 1927 also repealed the LTC-specific holster requirement and most of the LTC display offense at former § 46.035(b) through (m).
The bottom line: in Texas today, open carry of a handgun is lawful for any non-prohibited adult 21 or older, the handgun must be in a holster, and the prohibited-places list in § 46.03 applies regardless of LTC status. An LTC still matters (campus carry, federal Gun-Free School Zones Act coverage, reciprocity), but you do not need one to open carry.
Open carry of a handgun in Texas requires no state license. The eligibility test is whether you can lawfully possess the handgun, whether you are at least 21, and whether the place and manner are lawful. There is no application, no fee, and no training requirement at the state level for permitless carry.
Tex. Penal Code § 46.02(a) makes it an offense for a person to carry a handgun "on or about his or her person" off their own premises if the person is younger than 21 at the time of the offense (or has a recent disqualifying conviction listed in § 46.02(a)(2)(B)). The 21-year minimum is the same threshold that has long applied to LTC issuance under Tex. Gov't Code § 411.172. An 18-to-20-year-old may not lawfully open carry a handgun in public in Texas. The federal age for handgun acquisition from a licensed dealer is also 21 under 18 U.S.C. § 922(b)(1).
For long guns (rifles and shotguns), Texas does not set a 21-year minimum for carry. A non-prohibited adult under federal law may openly carry a rifle or shotgun, subject to the prohibited-places rules in § 46.03 and federal carve-outs.
You may not openly carry a handgun (or any firearm) if you are a prohibited person. State disabilities under Tex. Penal Code § 46.04 cover convicted felons during the five years following release from confinement, parole, or supervision, and afterward at any place other than the felon's residence (§ 46.04(a)); persons convicted of family-violence Class A assault for five years following release (§ 46.04(b)); persons subject to qualifying protective orders (§ 46.04(c)); and members of a criminal street gang carrying a handgun in a vehicle (§ 46.04(a-1)). Federal disabilities under 18 U.S.C. § 922(g) cover convicted felons, persons under felony indictment, unlawful drug users, persons adjudicated mentally defective, dishonorably discharged service members, persons subject to qualifying domestic-violence orders or convictions, fugitives, persons who have renounced U.S. citizenship, and illegal aliens.
A § 46.04(a), (b), or (c) prohibited person who carries a handgun in public commits a separate offense under § 46.02(a-7), graded as a felony of the second degree (with a five-year minimum) for § 46.04(a) cases and a felony of the third degree for § 46.04(b) and (c) cases.
Texas does not require state residency for open carry. A non-resident who is at least 21 and not a prohibited person under federal or Texas law may openly carry a holstered handgun under the same § 46.02(a-5) rule that applies to residents. Non-residents who hold an out-of-state concealed-carry license recognized under Texas reciprocity also benefit from LTC-only privileges (campus, peace-officer notification, certain prohibited-places exemptions) when carrying under that license.
Texas does not statutorily define "concealed" or "open." The line in § 46.02(a-5) is whether the handgun is "partially or wholly visible" on or about the person. Courts apply a casual-observer test: a handgun is concealed if it is not readily visible to a person observing the carrier in the ordinary course; it is open if it is visible. An exterior belt holster on the hip is open carry. An IWB holster under a tucked shirt or a holster under a closed jacket is concealed.
The single statutory restriction on the manner of open carry is the holster requirement in § 46.02(a-5). A handgun carried in plain view in a public place must be "in a holster." Statute does not specify shoulder, belt, drop, ankle, chest rig, or any other style. The pre-HB 1927 LTC-specific rule at former § 46.035(b) required a "shoulder or belt holster"; that rule was repealed by Acts 2021, 87th Leg., ch. 809, § 26(10). Older training materials referencing "shoulder or belt" are out of date.
Practical guidance:
Open carry is subject to the same statutory prohibited-places list as concealed carry under Tex. Penal Code § 46.03. The list applies to "any person" carrying a firearm and is not limited to LTC holders. The list includes schools and postsecondary educational institutions (§ 46.03(a)(1)), polling places (§ 46.03(a)(2)), government court premises (§ 46.03(a)(3)), racetracks (§ 46.03(a)(4)), secured areas of airports (§ 46.03(a)(5)), within 1,000 feet of a designated execution facility on an execution date (§ 46.03(a)(6)), 51% alcohol premises with TABC posting (§ 46.03(a)(7)), school sporting events (§ 46.03(a)(8)), correctional and civil commitment facilities (§ 46.03(a)(9), (10)), hospitals and nursing facilities without written authorization (§ 46.03(a)(11), (12)), amusement parks (§ 46.03(a)(13)), and properly noticed open meetings of governmental entities (§ 46.03(a)(14)).
Two campus rules deserve specific attention. § 46.03(a-2) prohibits an LTC holder from intentionally or knowingly displaying a partially or wholly visible handgun in plain view on the premises or any driveway, street, sidewalk, parking lot, or parking area of an institution of higher education, "regardless of whether the handgun is holstered." The § 46.02(a-5) holster exception does not save you on a college campus. § 46.03(a-3) further prohibits an LTC holder from carrying in a classroom or building the institution has properly noticed under § 411.2031. A non-LTC permitless carrier has no campus-carry exception at all; § 46.03(a)(1) prohibits the firearm on campus outright.
Federal law overlays prohibited places that no state holster rule can cure: federal facilities under 18 U.S.C. § 930; postal property including parking lots under 39 C.F.R. § 232.1; military installations; and the federal Gun-Free School Zones Act, 18 U.S.C. § 922(q), which makes possession of a firearm within 1,000 feet of K-12 school property a federal felony unless the carrier holds a qualifying state license under § 922(q)(2)(B)(ii). A Texas LTC qualifies; permitless open carry does not. A Texan driving a child to school with a holstered handgun on the hip, but no LTC, commits a federal crime by passing within 1,000 feet of school property.
Texas has two trespass statutes specific to LTC holders. § 30.06 prohibits an LTC holder from carrying concealed onto property posted with the prescribed § 30.06 notice; § 30.07 prohibits an LTC holder from openly carrying onto property posted with the § 30.07 notice. An owner who wants to ban open carry but allow concealed posts only § 30.07; one who wants to ban both posts both signs.
Two points for permitless open carriers. First, § 30.06 and § 30.07 apply to "license holders" only. A non-LTC carrier under § 46.02(a-5) is not subject to either signage statute. Second, general criminal trespass under § 30.05 applies to anyone who remains on property after notice. A "no firearms" posting communicates a condition of entry; remaining while armed after the owner or agent asks you to leave or to remove the firearm supports a § 30.05 charge. Treat any clearly posted "no firearms" sign as binding.
§ 46.02(a-1) makes it an offense to carry a handgun in plain view in a vehicle unless the person is 21 or older or holds an LTC, and the handgun is in a holster. Read together with § 46.02(a):
A person carrying a handgun while intoxicated commits a separate offense under § 46.02(a-6), unless on their own property, on private property with consent, or in or directly en route to a vehicle they control or have consent to occupy.
Texas does not use the term "brandishing" in Chapter 46. Two rules reach the same conduct. § 46.02(a-5) makes plain-view display in a public place an offense unless the handgun is in a holster: a handgun pulled from a holster and held in the hand falls outside the exception. Tex. Penal Code § 42.01(a)(8) (disorderly conduct, Class B misdemeanor) makes it an offense to display a firearm in a public place "in a manner calculated to alarm." A holstered handgun on the hip, by itself, is not disorderly conduct; the offense is the manner of display. Hand off the firearm except when drawing in lawful self-defense, and do not "show" the gun or make threatening statements while armed.
HB 1927 repealed former § 46.035(b) (the LTC "shoulder or belt holster" intentional-display rule). Post-HB 1927, § 46.035 retains LTC-specific offenses tied to LTC-only prohibited places (51% premises, hospitals, racetracks, civil commitment facilities, government meetings, schools, secured airport areas, polling places, amusement parks).
There is no Texas requirement to "choose" one mode and stick with it. The same person can carry concealed walking into a store, then remove a cover garment outside and continue carrying openly, all without an LTC, so long as the handgun stays in a holster and the place is not on the § 46.03 list. There is no obligation for a permitless carrier to inform a peace officer that they are armed; § 411.205 imposes a display-on-demand duty only on LTC holders. As a practical matter, an officer who notices an open carrier during a stop will ask. Calmly identify the firearm, its location, and that it is holstered.
Texas has broad firearm preemption under Tex. Loc. Gov't Code § 229.001 and Tex. Gov't Code § 411.209. Cities and counties may not regulate the transfer, ownership, transportation, licensing, or registration of firearms, ammunition, or firearm supplies, nor may they prohibit discharge except under narrow § 229.001(b) exceptions. Local ordinances purporting to ban open carry on city streets or in city parks are unenforceable. The § 46.03 list and the higher-education campus rules are state-level and remain in force.
A non-prohibited 21-year-old does not need an LTC to open carry. But an LTC still confers real advantages:
The practical recommendation for most CCW students is to obtain the LTC even if they plan to carry openly most of the time.
Open carry by itself is not an offense. Penalty exposure starts when one of the following rules is violated.
| Conduct | Statute | Grade |
|---|---|---|
| Carry handgun off own premises if under 21 (or with disqualifying recent conviction) | Tex. Penal Code § 46.02(a) | Class A misdemeanor |
| Carry handgun in plain view in vehicle without 21+ or LTC, or without holster | Tex. Penal Code § 46.02(a-1) | Class A misdemeanor |
| Display handgun in plain view in public not in a holster | Tex. Penal Code § 46.02(a-5) | Class A misdemeanor |
| Carry handgun while intoxicated off own property | Tex. Penal Code § 46.02(a-6) | Class A misdemeanor |
| Prohibited person carries handgun off own premises (§ 46.04(a) felon) | Tex. Penal Code § 46.02(a-7) | Felony 2nd degree (5-year min.) |
| Prohibited person carries handgun off own premises (§ 46.04(b)/(c)) | Tex. Penal Code § 46.02(a-7) | Felony 3rd degree |
| Possession of firearm in § 46.03 prohibited place | Tex. Penal Code § 46.03 | Felony 3rd degree (most subdivisions) |
| LTC holder displays handgun on higher-ed premises (even holstered) | Tex. Penal Code § 46.03(a-2) | Class A misdemeanor (per § 46.03(g)) |
| Disorderly conduct: display firearm in manner calculated to alarm | Tex. Penal Code § 42.01(a)(8) | Class B misdemeanor |
| Possession by felon (state) | Tex. Penal Code § 46.04(a) | Felony 3rd degree |
| Possession in federal facility | 18 U.S.C. § 930 | Federal misdemeanor or felony |
| Possession in Gun-Free School Zone without qualifying license | 18 U.S.C. § 922(q) | Federal felony |
A Class A misdemeanor in Texas is punishable by up to one year in county jail and a fine up to $4,000 under Tex. Penal Code § 12.21. A felony of the third degree is punishable by 2 to 10 years' imprisonment and a fine up to $10,000 under § 12.34. A felony of the second degree is punishable by 2 to 20 years and up to $10,000 under § 12.33.
Do I need a license to open carry? No, not since September 1, 2021. A non-prohibited adult 21 or older may open carry a holstered handgun under § 46.02(a-5).
What kind of holster? Any purpose-built handgun holster of any standard style. The pre-2021 "shoulder or belt holster" rule is repealed.
Can I open carry a long gun? Yes, by qualifying adults. The § 46.03 prohibited-places list still applies.
Can I open carry on a Texas college campus? No. Campus carry is concealed-only and LTC-only.
Can a private business ban open carry? Yes. § 30.07 binds LTC holders; § 30.05 trespass binds non-LTC carriers asked to leave or to remove the firearm.
Can a city ban open carry on public streets? No. Tex. Loc. Gov't Code § 229.001 preempts local firearm regulation.
Do I have to tell a peace officer I'm carrying? No. The pre-2021 statutory duty for LTC holders to display the LTC on demand (former Tex. Gov't Code § 411.205) was REPEALED by HB 1927 (2021) § 26(11). There is no statutory duty for either LTC holders or permitless carriers to volunteer the firearm. See DUTY_TO_INFORM for the post-2021 framework.
Can I open carry in a bar? Not on a posted "51% premises" under § 46.03(a)(7). In a restaurant that serves alcohol but does not exceed the 51% threshold and is not separately posted, yes. Carrying while intoxicated is a separate offense under § 46.02(a-6).
| Statute | Subject |
|---|---|
| Tex. Penal Code § 46.01 | Definitions (handgun, firearm, location-restricted knife) |
| Tex. Penal Code § 46.02(a) | Unlawful carry by person under 21 or with recent disqualifying conviction |
| Tex. Penal Code § 46.02(a-1) | Carry of handgun in vehicle in plain view |
| Tex. Penal Code § 46.02(a-5) | Plain-view public display of handgun; holster exception |
| Tex. Penal Code § 46.02(a-6) | Carry of handgun while intoxicated |
| Tex. Penal Code § 46.02(a-7) | Carry by prohibited person |
| Tex. Penal Code § 46.03 | Prohibited places |
| Tex. Penal Code § 46.03(a-2) | LTC holder display on higher-education premises |
| Tex. Penal Code § 46.03(a-3) | LTC holder posted-classroom rule on higher-education premises |
| Tex. Penal Code § 46.04 | Unlawful possession of firearm (state prohibited persons) |
| Tex. Penal Code § 46.15 | Nonapplicability (peace officers, military, retired LEOs, etc.) |
| Tex. Penal Code § 30.05 | Criminal trespass (general) |
| Tex. Penal Code § 30.06 | Trespass by LTC holder with concealed handgun |
| Tex. Penal Code § 30.07 | Trespass by LTC holder with openly carried handgun |
| Tex. Penal Code § 42.01(a)(8) | Disorderly conduct: display of firearm |
| Tex. Gov't Code § 411.171 et seq. | License to Carry (LTC) issuance |
| Tex. Gov't Code § 411.205 | REPEALED by HB 1927 (2021) § 26(11). No longer in force. |
| Tex. Loc. Gov't Code § 229.001 | State preemption of local firearm regulation |
| 18 U.S.C. § 922(g) | Federal prohibited persons |
| 18 U.S.C. § 922(q) | Gun-Free School Zones Act |
| 18 U.S.C. § 930 | Federal facility firearm prohibition |
| HB 910 (84th Leg., 2015) | Authorized LTC open carry, effective Jan. 1, 2016 |
| HB 1927 (87th Leg., 2021) | Permitless carry; restructured § 46.02; repealed former § 46.035(b)-(m) |
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