Castle Doctrine and Stand Your Ground in Texas

Texas's Castle Doctrine, codified at Tex. Penal Code § 9.32(b), creates a rebuttable presumption that the actor's belief in the need for deadly force was reasonable. The presumption applies when an intruder unlawfully and forcibly enters or attempts to enter the actor's habitation, vehicle, or place of business or employment, or commits or attempts to commit certain enumerated felonies. Texas extends the doctrine to vehicles and workplaces, which is broader than most states.

Texas does two related but distinct things in § 9.32. Subsection (b) is the castle-doctrine presumption. Subsections (c) and (d) are the stand-your-ground rules. They operate independently. A defender can have one without the other, and confusing the two is one of the most common student errors. This section walks through the deadly-force presumption, the three protected places, the six enumerated felonies, the (b)(2) provocation disqualifier, the (b)(3) "criminal activity" exception with its narrow traffic-violation carve-out, the (c) no-retreat rule, the (d) instruction that fact-finders may not consider failure to retreat, and the civil-immunity backstop in Tex. Civ. Prac. & Rem. Code § 83.001. The companion USE_OF_FORCE section covers the broader self-defense framework in § 9.31 and the related justification chapter; this section drills into the home, vehicle, workplace, and no-retreat rules specifically.

The deadly-force baseline (§ 9.32(a))

Before the presumption matters, the defender has to fit within § 9.32(a). Subsection (a) authorizes deadly force only when two conditions are both met: (1) the actor would be justified in using non-deadly force under § 9.31; and (2) the actor reasonably believes deadly force is immediately necessary either (A) to protect against the other's use or attempted use of unlawful deadly force, or (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

The six (a)(2)(B) felonies are the same offenses that trigger the castle-doctrine presumption under § 9.32(b)(1)(C). The list is closed: burglary, trespass, and theft are not on it. The triggering felonies are violent crimes against persons. A defender who uses deadly force solely to stop a property crime, with no separate threat to a person, has not satisfied § 9.32(a)(2)(B) and is not protected by the deadly-force statute regardless of location.

The (a) baseline is what gives the (b) presumption something to operate on. The presumption goes to whether the actor's belief that deadly force was "immediately necessary" was reasonable. It does not authorize deadly force outside the (a)(2) categories.

The castle-doctrine presumption (§ 9.32(b))

This is the operative castle-doctrine provision. Three conjunctive elements have to line up.

Under § 9.32(b), the actor's belief that deadly force was immediately necessary is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

• (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment; or
• (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
• (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

All three elements have to be satisfied. If any one fails, the presumption is unavailable. The defender can still raise self-defense at trial under § 9.32(a) and § 9.31, but without the evidentiary thumb on the scale that the presumption provides. A few practical points on each element.

Element (1) is alternative. The defender needs only one of the three triggers (A, B, or C). A forced entry into the home, a carjacking from an occupied vehicle, and an in-progress aggravated robbery in the workplace each independently triggers the presumption. The defender does not have to prove all three.

"Unlawfully and with force" is doing real work in (1)(A) and (1)(B). Texas's presumption is not extended to a quiet, stealthy entry. The intruder has to be coming in (or removing the actor) by means that are both unlawful and forceful. A burglar who pries open a window, kicks in a door, or shoves past a defender at the threshold has used force in the sense the statute contemplates. A trespasser who walks through an unlocked door without breaking anything has not necessarily used force at the moment of entry. Cases on this question are fact-specific. Do not assume the presumption applies whenever someone is on your property uninvited.

"Knew or had reason to believe" is the actor's perception standard. The law looks at what the defender actually knew or had reason to believe at the moment force was used, not what was later determined to be true. A defender who sees what looks like a forced entry and reasonably believes that is what is happening satisfies the standard even if the prosecution later proves the door was actually unlocked.

Element (1)(C) is keyed to the six enumerated felonies. Subsection (a)(2)(B) lists them, and (b)(1)(C) refers back to (a)(2)(B). The list is closed: aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. A defender confronted with an in-progress armed robbery on a public sidewalk gets the presumption under (b)(1)(C) without needing to be inside any of the three protected places. This is one of the broader features of the Texas rule.

The three protected places: habitation, vehicle, place of business or employment

Texas extends castle-doctrine protection to three discrete locations in § 9.32(b)(1)(A) and (B), which is broader than most states.

Habitation is a structure used as a residence. Houses, apartments, motel rooms being lived in, and RVs being used as a home all qualify. The habitation has to be occupied for § 9.32(b)(1)(A) - the presumption protects defenders inside a home, not a vacant rental.

Vehicle covers cars, trucks, motorcycles, RVs, boats, and trailers. The vehicle has to be the actor's occupied vehicle for (b)(1)(A). An empty parked car is not covered. The protection runs to the people inside, not to the metal.

Place of business or employment is where Texas departs most sharply from many other states. A shop owner behind the counter, an office worker at a desk, a warehouse worker, and a construction crew at a job site all sit within § 9.32(b)(1)(A) when an intruder unlawfully and forcefully enters or attempts to remove them. The statute does not require ownership; employment is enough.

The (b)(1)(B) "removal" alternative covers being dragged or forced out of any of these three locations - a carjacking is the classic example. The (b)(1)(C) felony alternative is not location-restricted: if the trigger is one of the six enumerated felonies, the presumption applies wherever the encounter occurs.

The (b)(2) provocation disqualifier

Element (b)(2) takes the presumption away from a defender who provoked the person against whom force was used. "Provoke" is not defined in § 9.32 itself, but Texas courts read it consistently with the provocation rules in § 9.31(b)(4). A defender who started the confrontation, who threw the first punch, or who used words and conduct calculated to produce a violent response loses the presumption.

The provocation disqualifier overlaps with the abandonment rule in § 9.31(b)(4), which lets a provoker recover the right of self-defense if they (A) abandon the encounter or clearly communicate their intent to do so, reasonably believing they cannot safely abandon it, and (B) the other person nevertheless continues or attempts to use unlawful force. Whether that abandonment recovers the (b) presumption (as opposed to general self-defense) is a fact-specific question and depends on what was communicated and how. The safer assumption is that once provocation is in play, the presumption is at risk and the case becomes a fact-intensive reasonableness inquiry.

The (b)(3) "criminal activity" exception and the traffic-violation carve-out

Element (b)(3) is the disqualifier that has produced the most appellate litigation in Texas. The presumption is unavailable if the defender "was otherwise engaged in criminal activity ... at the time the force was used." The statute carves out one narrow exception: a Class C misdemeanor that is a violation of a law or ordinance regulating traffic.

"Otherwise engaged in criminal activity" is a broad phrase. Texas appellate courts have read it to include offenses unrelated to the immediate confrontation. A defender unlawfully carrying a firearm may lose the presumption even if the unlawful carry has nothing to do with what the intruder is doing. A defender illegally in possession of a controlled substance may lose the presumption for that reason alone, regardless of how violently the other person was behaving.

The traffic carve-out is narrow. Speeding, running a stop sign, expired registration, or rolling through a yield are inside it. Driving while intoxicated (a Class B misdemeanor) and reckless driving are outside the carve-out. The carve-out covers garden-variety traffic offenses; it does not cover impaired driving or higher-grade traffic misdemeanors.

The practical lesson: lawful concealed carry by a license holder, lawful possession under the chapter-46 carry rules, and routine traffic infractions do not by themselves disqualify a defender. Unlawful carry, drug possession, intoxication offenses, or any concurrent crime of meaningful grade does.

Stand your ground: § 9.32(c) and the no-consideration rule in (d)

Texas's stand-your-ground rule is a separate doctrine from the castle-doctrine presumption. It does not establish a presumption. It removes a duty to retreat that might otherwise apply.

Under § 9.32(c), an actor is not required to retreat before using deadly force if all three of these conditions are met:

1. The actor has a right to be present at the location where the deadly force is used;
2. The actor has not provoked the person against whom the deadly force is used; and
3. The actor is not engaged in criminal activity at the time the deadly force is used.

The three conditions are conjunctive. All three must be satisfied. They map closely (though not perfectly) onto the (b)(2) and (b)(3) disqualifiers, with the addition of the "right to be present" requirement. A defender on a public sidewalk, in their own home, on their own property, in a friend's home where they are a welcome guest, or in a business open to the public meets the "right to be present" condition. A trespasser does not. The "not engaged in criminal activity" requirement is not subject to the (b)(3) traffic carve-out, but Texas appellate cases generally read the same set of underlying offenses in or out of the no-retreat rule.

§ 9.32(d) reinforces (c) with an evidentiary instruction. For purposes of (a)(2), in determining whether an actor described by (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat. This is the rule that makes Texas a true stand-your-ground state. Even if jurors privately think a defender could have walked away, they are forbidden from holding that against the defender when assessing whether the belief in deadly-force necessity was reasonable. The trial court will instruct the jury accordingly. Failure to retreat is off the table.

The parallel non-deadly-force rules sit in § 9.31(e) and (f). A defender using non-deadly force under § 9.31 has the same no-retreat protection on the same three conditions, and the fact-finder may not consider failure to retreat in assessing reasonableness. The two pairs ((c)/(d) for deadly force and (e)/(f) for non-deadly) work the same way at different force levels.

Castle doctrine and stand your ground are not the same

This is the single most important thing to understand about Texas self-defense law. Two different rules cover different situations.

A defender in their own home dealing with a forced entry gets both the (b) presumption and the (c)/(d) no-retreat rule. A defender in a parking lot dealing with an in-progress aggravated robbery gets the (b) presumption (via (b)(1)(C)) and the (c)/(d) no-retreat rule. A defender in a parking lot dealing with an unarmed shoving match gets neither, because there is no protected place under (b)(1)(A) or (B), no enumerated felony under (b)(1)(C), and § 9.32(a)(2) is not satisfied to begin with.

Civil immunity (Tex. Civ. Prac. & Rem. Code § 83.001)

Texas backs the criminal justification with a civil-immunity statute:

A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

The trigger is justification under any provision of Chapter 9, Penal Code - not just § 9.32. § 9.31 (self-defense), § 9.32 (deadly force), and § 9.33 (defense of third person) all fold into the immunity. It bars suits by the person against whom force was used and by that person's representatives, including wrongful-death claims. It is a true civil immunity, not just a trial defense; the defendant can move for early dismissal or summary judgment. The civil court applies the chapter-9 standards on its own - a criminal acquittal helps but is not automatic civil immunity.

A related statute, Tex. Civ. Prac. & Rem. Code § 86.002, separately bars a claimant convicted of a felony or misdemeanor from recovering damages for an injury sustained during the commission of that offense if the injury would not have been sustained but for the offense. § 86.002(b) provides narrow exceptions where damages arose from acts entirely separate from preventing the offense or apprehending the claimant. The two statutes often overlap: a burglar shot during an in-progress burglary is barred from civil recovery by § 83.001 (force was justified) and by § 86.002 (injury sustained during commission of an offense).

Practical scenarios

These scenarios are illustrative, not legal advice. Every real case turns on facts a paragraph cannot capture.

Scenario 1: 2 a.m. forced entry. You wake to a back door being kicked in. The intruder advances, and you fire. § 9.32(b)(1)(A) gives you the presumption: someone unlawfully and with force entered your occupied habitation, you knew it, you did not provoke, and you were not otherwise engaged in criminal activity. § 9.32(c)/(d) give you no-retreat protection. § 83.001 immunizes you from civil liability for the intruder's injuries.

Scenario 2: Carjacking. Two armed men attempt to drag you out of your occupied vehicle. § 9.32(b)(1)(B) applies (unlawful forceful removal from occupied vehicle), and (b)(1)(C) independently applies (aggravated robbery in progress). § 9.32(c)/(d) cover you in the parking lot.

Scenario 3: Workplace robbery. An armed man enters the gas station where you are working and points a firearm at you while demanding cash. § 9.32(b)(1)(A) is satisfied (place of business or employment with unlawful forceful entry tied to an in-progress robbery), and (b)(1)(C) is independently satisfied (aggravated robbery). § 9.32(c)/(d) apply.

Scenario 4: Aggravated robbery on a public sidewalk. A stranger pulls a knife and demands your wallet. You are not in any of the three protected places, so (b)(1)(A) and (B) do not apply. But (b)(1)(C) does, because aggravated robbery is one of the six enumerated felonies and is not location-restricted. § 9.32(c)/(d) cover you on the public sidewalk.

Scenario 5: Parking-lot fistfight. A stranger throws a punch in a parking lot. You draw and fire. (b)(1)(A) and (B) do not apply (no protected place). (b)(1)(C) does not apply (a fistfight is not one of the six enumerated felonies). The presumption is unavailable, and § 9.32(a)(2) requires unlawful deadly force or one of the six felonies - a single thrown punch by an unarmed attacker rarely meets that standard. Deadly force is unlikely to be justified.

Scenario 6: Defender carrying unlawfully. You are at a sports stadium where firearms are prohibited under § 46.03 but bring your handgun anyway. You are assaulted and fire. The (b)(3) disqualifier applies (otherwise engaged in criminal activity, no traffic carve-out), and the same "engaged in criminal activity" condition puts the (c) no-retreat rule at risk. You may still argue self-defense under § 9.31 and § 9.32(a), but without the presumption.

Scenario 7: Speeding driver in a road-rage encounter. You are 5 mph over the limit when another driver runs you off the road, exits with a tire iron, and approaches your window. Speeding is a Class C misdemeanor regulating traffic - squarely inside the (b)(3) carve-out. The other driver's conduct is at least attempted aggravated assault, putting (b)(1)(B) and (b)(1)(C) in play. § 9.32(c)/(d) apply.

Scenario 8: Empty parked truck. A thief tries to break into your unoccupied pickup. (b)(1)(A) does not apply (vehicle not occupied). (b)(1)(C) does not apply (vehicle burglary is not among the six). Deadly force solely to protect the unoccupied truck is not justified under § 9.32.

Reference table

Open Carry Laws in Texas

General Legality

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.

Who May 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.

Age Threshold

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.

Prohibited Persons

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.

Non-Residents

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.

Open vs. Concealed and the Holster Rule

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:

• A purpose-built handgun holster covering at least the trigger guard, of any standard style, satisfies § 46.02(a-5).
• A handgun in a waistband, pocket, or coat pocket without a holster is not "in a holster." The fact that no one notices on a given day is not a legal defense.
• A retention holster (level 2 or 3) is strongly recommended for open carry.
• Magnetic mounts and "sticky" holsters without trigger-guard coverage are a gray area. The conservative reading is that they are not a "holster" within the statutory exception.

Prohibited Places

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 Prohibitions

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.

Posted Private Property: § 30.06 and § 30.07

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.

Open Carry in Vehicles

§ 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 21 or older, not prohibited, in a vehicle or watercraft they own or control, may carry a holstered handgun in plain view.
• An LTC holder may carry a holstered handgun in plain view in a vehicle.
• A loose handgun in plain view in a vehicle (no holster) is a § 46.02(a-1) violation, even for a 21-year-old non-prohibited person.
• A handgun out of plain view (in the glove box, console, under a seat) is permitted for a person 21 or older and not prohibited, with or without a holster.

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.

Display Offenses and "Brandishing"

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).

Switching Between Concealed and Open

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.

State Preemption

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.

LTC Advantages for Open Carry

A non-prohibited 21-year-old does not need an LTC to open carry. But an LTC still confers real advantages:

• Federal Gun-Free School Zones Act exemption under 18 U.S.C. § 922(q)(2)(B)(ii). A Texas LTC qualifies; permitless carry does not. This alone makes the LTC valuable for any parent driving near a K-12 school.
• Concealed campus carry on postsecondary institution premises under § 46.03(a)(1)(B). A permitless carrier has no equivalent right.
• Reciprocity. Texas LTC is recognized in roughly 30 other states. Permitless carry under § 46.02(a-5) ends at the Texas border.
• NICS-check alternative at federally licensed dealers under ATF recognition of the Texas LTC.

The practical recommendation for most CCW students is to obtain the LTC even if they plan to carry openly most of the time.

Practical Penalty Table

Open carry by itself is not an offense. Penalty exposure starts when one of the following rules is violated.

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.

Common Questions

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).

Key Statutes Reference

Ambiguities and Notes

• "In a holster" is not statutorily defined in § 46.02(a-5). The conservative reading is a purpose-built handgun holster covering at least the trigger guard, of any standard style (belt, shoulder, ankle, drop, chest, etc.). Magnetic mounts and "sticky" holsters without trigger-guard coverage are a gray area.
• "Plain view" is not statutorily defined. Courts apply the casual-observer test consistent with general criminal law.
• "Manner calculated to alarm" under § 42.01(a)(8) is fact-dependent. A holstered handgun on the hip, without more, has been treated as not by itself alarming. Statements, gestures, or movements toward the firearm change the analysis.
• HB 1927 repealed former § 46.035(b)-(m), including the LTC-specific "shoulder or belt holster" rule. Older training materials and signage that reference a "shoulder or belt" requirement are out of date. The current rule under § 46.02(a-5) is "in a holster," with no style restriction.
• The Texas Penal Code excerpts cited here reflect the version current as of January 1, 2024, as scraped from FindLaw on May 8, 2026. § 46.15 has multiple amendments effective Jan. 1, 2025 affecting the list of statutorily exempt officers; the operative carry rules in § 46.02 and § 46.03 are unaffected.

Source Information

• Tex. Penal Code § 46.02, "Unlawful Carrying Weapons," current as of Jan. 1, 2024. Last scraped 2026-05-08.
• Tex. Penal Code § 46.03, "Places Weapons Prohibited," current as of Jan. 1, 2024. Last scraped 2026-05-08.
• Tex. Penal Code § 46.035, "Unlawful Carrying of Handgun by License Holder," current as of Jan. 1, 2024 (subsections (a-1) through (m) repealed by HB 1927). Last scraped 2026-05-08.
• Tex. Penal Code § 46.15, "Nonapplicability," current as of Jan. 1, 2024. Last scraped 2026-05-08.
• Tex. Gov't Code § 411.171 et seq. (License to Carry subchapter), current as of Jan. 1, 2024. Last scraped 2026-05-08.
• HB 910 (84th Leg., 2015) and HB 1927 (87th Leg., 2021), as cited in FindLaw legislative annotations to § 46.02 and § 46.035.

Texas State Preemption of Firearm Regulation

Texas law preempts most local firearm regulation. Tex. Local Gov't Code § 229.001 prohibits municipalities from adopting ordinances regulating ownership, possession, transfer, transportation, licensing, registration, or sale of firearms, ammunition, firearm components, or firearm supplies. Counties are separately preempted under Tex. Local Gov't Code § 236.002. Tex. Gov't Code § 411.209 prohibits political subdivisions from restricting LTC holders' ability to carry on government property absent specific statutory authorization. The Texas Attorney General has explicit enforcement authority for preemption violations.

For an LTC holder, the practical takeaway is short. Your Texas License to Carry is good in every city, every county, and on every piece of state-owned or local-government property in Texas, except for the locations the legislature itself has put off-limits in Tex. Penal Code § 46.03 (and a handful of related statutes). No municipality and no county can layer a local permit, a local registration scheme, a local "no firearms in the park" rule, an assault-weapon ban, or a local insurance requirement on top of state law. If a city posts a § 30.06 or § 30.07 sign on government property without statutory authority, that posting is unlawful and exposes the city to civil penalties under § 411.209. If you read about a Texas ordinance that purports to regulate ownership, possession, transfer, transportation, licensing, registration, or commerce in firearms or ammunition, it is almost certainly preempted, and the Attorney General has standing to sue and recover fees.

The Operative Statute: Tex. Local Gov't Code § 229.001(a)

Section 229.001(a) is the Texas municipal preemption rule. It reads:

"Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt or enforce regulations that:

(1) relate to:

(A) the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories;

(B) commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; or

(C) the discharge of a firearm or air gun at a sport shooting range; or

(2) require an owner of a firearm to obtain liability insurance coverage for damages resulting from negligent or wilful acts involving the use of the firearm."

Three things to notice in that text.

1. Who is preempted. "A municipality" - every Texas city, town, and incorporated village, regardless of home-rule or general-law status. Section 229.001(a-1) extends the rule to any "official action, including in any legislative, police power, or proprietary capacity, taken by an employee or agent of a municipality." A city cannot accomplish indirectly through proprietary action (managing city-owned land or city-owned buildings) what it cannot do directly through ordinance.
2. What is preempted. Transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, registration, and commerce in firearms, ammunition, firearm components, firearm supplies, and firearm accessories. Discharge at a sport shooting range. Mandatory liability insurance for firearm owners. The list is broader than most states' preemption statutes - it explicitly reaches storage, supplies, and accessories.
3. Void as a matter of law. Subsection (a-1) provides that any ordinance, resolution, rule, or policy enacted in violation of § 229.001 "is void." There is no presumption-of-validity defense. A municipal firearm ordinance that falls inside the preempted field has no legal effect from the moment it is adopted.

Counties: Tex. Local Gov't Code § 236.002

Counties are governed by a separate but parallel statute. Tex. Local Gov't Code § 236.002(a) tracks § 229.001(a) almost word-for-word:

"Notwithstanding any other law, including Chapter 251, Agriculture Code, a county may not adopt or enforce regulations that:

(1) relate to:

(A) the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories;

(B) commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; or

(C) the discharge of a firearm or air gun at a sport shooting range; or

(2) require an owner of a firearm to obtain liability insurance coverage for damages resulting from negligent or wilful acts involving the use of the firearm."

Subsection (b) declares any county "ordinance, rule, resolution, or policy" - and any "official action, including in any legislative, police power, or proprietary capacity, taken by an employee or agent of a county" - adopted in violation of the section void. Subsection (d) further provides that any county order designed or enforced to "effectively restrict or prohibit the manufacture, sale, purchase, transfer, or display of firearms, firearm accessories, or ammunition that is otherwise lawful in this state is void." The anti-circumvention rule mirrors the municipal version in § 229.001(b-1) and forecloses the most common workaround: dressing up a firearm regulation as a generic land-use rule.

For instructors and license-holders, the practical effect is that no county commissioner's court - including the largest urban counties - can adopt a local rule on storage, transport, registration, sale, or carry. Sheriff's-office policies and county-employee rules in the course of duty are addressed separately under § 236.002(c)(5) and Subchapter G, Chapter 52, Labor Code.

Statutory Exceptions Under § 229.001(b)

Section 229.001(b) lists nine narrow categories of municipal authority that survive preemption. They are exceptions to the general rule, not loopholes. Read them strictly.

• § 229.001(b)(1) - Mandatory armament. A municipality may require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose. This is the so-called "Kennesaw" authority. It is rarely invoked.
• § 229.001(b)(2) - Discharge regulation. A municipality may regulate firearm or air-gun discharge within city limits, "other than at a sport shooting range." Cities can prohibit recreational shooting in residential neighborhoods. They cannot prohibit discharge at a licensed range.
• § 229.001(b)(3) - Generally applicable zoning, land use, fire code, or business ordinance. Cities may enforce zoning, land-use, fire-code, and business ordinances that apply generally. The catch is in subsection (b-1): the exception does not apply if the ordinance is "designed or enforced to effectively restrict or prohibit the manufacture, sale, purchase, transfer, or display of firearms, firearm accessories, or ammunition that is otherwise lawful in this state." A city cannot zone gun stores out of the city limits or enforce a fire code in a way that targets ranges or dealers.
• § 229.001(b)(4) - Explosives storage. Cities may regulate the storage and transportation of explosives to protect public health and safety. The statute carves out 25 pounds or less of black powder per private residence and 50 pounds or less per retail dealer from the regulation.
• § 229.001(b)(5) - Long guns at parks, public meetings, political events, and athletic events. A city may regulate the carrying of "an air gun or firearm, other than a handgun carried by a person not otherwise prohibited by law from carrying a handgun" at (A) public parks, (B) public meetings of a municipality, county, or other governmental body, (C) political rallies, parades, or official political meetings, and (D) nonfirearms-related school, college, or professional athletic events. Two important limits. First, this exception applies only to long guns and to air guns; it does not authorize a municipality to regulate handgun carry by lawful carriers. Second, subsection (c) carves out lawful hunting, fishing, and other sporting activity: the exception "does not apply if the firearm or air gun is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm or air gun is of the type commonly used in the activity."
• § 229.001(b)(6) - LTC holder carry on government property. A municipality's authority to regulate the carrying of a firearm by an LTC holder is subject to Tex. Gov't Code § 411.209. In practice, this means the city has no general authority to bar LTC holders from government premises and is liable for civil penalties if it tries.
• § 229.001(b)(7) - Sport-shooting-range hours. A city may regulate the hours of operation of a sport shooting range, but the hours "may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption." A city cannot single out a range for shorter hours than its other commercial businesses.
• § 229.001(b)(8) - Air guns and minors. A city may regulate the carrying of an air gun by a minor on public property or on private property without owner consent.
• § 229.001(b)(9) - Government employees in the course of duty. A city may regulate the carrying or possession of firearms, accessories, or ammunition by its own employees in the course of official duties, except as limited by Subchapter G, Chapter 52, Labor Code. Subsection (d-1) reinforces this limit: the employer-rule exception does not authorize a city to regulate an employee's carry in violation of the Labor Code's parking-lot and lockbox protections.

The county-level exceptions in § 236.002(c) are narrower and shorter, but they track the same architecture: mandatory armament, discharge regulation under § 235.022, LTC carry under § 411.209, generally applicable land-use and business regulation (subject to anti-circumvention in § 236.002(d)), and employee-conduct rules.

Section 229.001(d) adds one more universal limit. Nothing in the section authorizes the seizure or confiscation of any firearm, air gun, knife, ammunition, or firearm or air-gun supplies or accessories from "an individual who is lawfully carrying or possessing" them. Even when a city or county is acting within an exception - say, regulating long-gun carry at a public park - the city cannot seize the firearm of a lawful carrier.

What Is NOT Preempted by § 229.001 or § 236.002

Texas preemption reaches local governments. It does not reach private actors or the federal government. The following are outside its scope.

• Private property rules. A homeowner, a landlord, a shopping-mall owner, a stadium operator, or a place of worship can prohibit firearms on their own property. Texas's posted-notice statutes (Tex. Penal Code § 30.06 for concealed handguns and § 30.07 for openly carried handguns) give private owners specific tools to do so. Trespass after refusal to leave is a separate offense; preemption does not change that.
• Private employer rules. A private employer can adopt a no-firearms-at-work policy. Texas does, however, provide a parking-lot protection in Subchapter G, Chapter 52, Labor Code, which limits an employer's ability to prohibit a lawful firearm locked out of sight in the employee's privately owned vehicle on company property. Section 229.001(d-1) and § 236.002(e) preserve the parking-lot rule against any local-government workaround.
• Federal law. Federal restrictions - Gun-Free School Zones Act, federal building bans under 18 U.S.C. § 930, federal park rules - operate independently of Texas preemption. Section 229.001(g) makes the relationship explicit: "This section does not limit the enforceability of any state or federal law."
• State statutory location bars. Texas itself prohibits firearms in certain locations regardless of LTC status - courthouses, secured airport areas, polling places during voting, hospitals (with notice), correctional facilities, racetracks, and the other locations enumerated in Tex. Penal Code § 46.03. Those rules sit alongside § 229.001 and § 236.002 and are not affected by preemption.
• Government employer rules, in narrow scope. A county sheriff's office, a city public-works department, or a state agency can adopt employee carry rules in the course of official duties, but only within the limits set by § 229.001(b)(9), § 236.002(c)(5), § 411.209, and the Labor Code parking-lot rule.

LTC Holder Protection: Tex. Gov't Code § 411.209

Section 411.209 is the enforcement teeth for LTC holders facing improperly posted government property. Subsection (a) provides:

"Except as provided by Subsection (i), a state agency or a political subdivision of the state may not take any action, including an action consisting of the provision of notice by a communication described by Section 30.06 or 30.07, Penal Code, that states or implies that a license holder who is carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03, Penal Code, or other law."

In plain English: a state agency or political subdivision cannot post a § 30.06 sign, a § 30.07 sign, or any equivalent communication on government property unless a state law (typically § 46.03) actually prohibits LTC carry there. A city cannot post the city park, the city hall lobby, the public library, the convention center, or any other government-owned or government-leased premises unless the legislature has placed that location on the list of prohibited places.

Subsection (b) provides civil penalties: not less than $1,000 and not more than $1,500 for the first violation, and not less than $10,000 and not more than $10,500 for the second or subsequent violation. Each day of a continuing violation is a separate violation.

Subsection (d) creates the complaint process. A Texas resident or any LTC holder may file a complaint with the Attorney General after providing the agency or subdivision a written notice describing the location and the general facts of the violation. The agency or subdivision has three business days to cure. If it does not, the complaint goes to the AG.

Subsections (f) and (g) describe AG enforcement. Before bringing suit, the AG must investigate, give the chief administrative officer 15 days to cure, and then sue for the civil penalty if the cure does not occur. The AG can also seek a writ of mandamus or other equitable relief and can recover reasonable expenses, attorney's fees, investigative costs, witness fees, and deposition costs. Subsection (h) waives sovereign immunity to the extent of the liability the section creates.

For an LTC holder, the practical workflow for an improperly posted city or county building is straightforward. Send a written notice describing the location and the unauthorized posting. If the agency does not remove the sign within three business days, file a complaint with the Texas Attorney General. The AG's office maintains a dedicated portal for § 411.209 complaints and has used the statute to compel multiple Texas cities and counties to remove improperly posted signs.

Attorney General Enforcement Authority

Texas preemption is not enforced solely through private litigation. Both § 229.001(f) and § 236.002(f) authorize the Attorney General to bring a state-on-behalf action seeking a temporary or permanent injunction against a city or county that adopts a regulation in violation of the preemption rules. The AG can recover reasonable expenses, court costs, attorney's fees, investigative costs, witness fees, and deposition costs.

This is meaningfully broader than the private-litigant model that governs preemption challenges in many other states. In Texas, the AG can act on a single complaint, without waiting for a license-holder to be charged or arrested under the preempted ordinance. That changes the litigation posture. A Texas city that adopts a preempted ordinance is not facing a hypothetical future plaintiff; it is facing the AG with statutory standing and a fee-shifting provision.

HB 1500 (2017) and HB 2363 (2021)

The current shape of Texas preemption is the product of two waves of legislation. HB 1500 (2017) strengthened § 229.001 in three ways. It added the express AG enforcement authority in subsection (f), making clear that the state itself can sue a noncompliant city. It tightened the zoning and land-use exception by adding subsection (b-1)'s anti-circumvention language. And it expanded the operative list in subsection (a)(1) to cover firearm and air-gun supplies and accessories - a response to local-government attempts to regulate gun stores indirectly through ordinances on accessories or components.

HB 2363 (2021) added the parallel county preemption statute that became Tex. Local Gov't Code § 236.002. Before 2021, the principal county preemption authority had been read into § 229.001 by analogy and through other Local Government Code provisions. The new chapter put county preemption on the same footing as municipal preemption, with the same anti-circumvention rule, the same exceptions, the same AG enforcement authority, and the same fee-shifting.

The 2017 and 2021 changes reflect a consistent legislative posture: Texas preemption is broad, the exceptions are narrow, and the AG carries the enforcement load.

Recent Litigation and Enforcement Activity

The Texas Attorney General has used § 411.209 and the AG enforcement authority in § 229.001(f) repeatedly. Several Texas cities - including Austin and San Antonio - have been the subject of AG correspondence, complaints, or litigation over local firearm-storage ordinances, gun-show regulations, and posted notices on city-owned property. The pattern is consistent. A city adopts an ordinance or posts a sign. A complaint is filed. The AG investigates, gives the city the statutory cure period, and then sues if the city does not remove the ordinance or sign. In several cases, the cities removed the offending action during the cure period rather than face a final judgment with fee-shifting.

For instructors who teach in Texas, the operating rule is the same in every city, every county, and on every piece of government property: state law controls. If you encounter a local firearm rule that goes beyond § 229.001's enumerated exceptions or a § 30.06/§ 30.07 sign on government property without a corresponding § 46.03 listing, document the location, send the statutory notice, and file with the AG.

Bottom Line for Texas LTC Holders

• One state, one set of carry rules. Your Texas LTC is good in every Texas city and every Texas county. No local government can require you to obtain a separate local permit, register your handgun locally, or comply with a local ordinance regulating ownership, possession, transfer, transportation, licensing, registration, or commerce in firearms or ammunition.
• State location restrictions still apply. Section 229.001 does not free you from state-law location restrictions in Tex. Penal Code § 46.03 (courthouses, polling places during voting, secured airport areas, racetracks, hospitals with notice, correctional facilities, and the rest of the § 46.03 list). It does not free you from federal restrictions (Gun-Free School Zones Act, federal buildings, federal parks).
• No long guns at parks or political events, in some cities. Section 229.001(b)(5) lets a city regulate long-gun carry at parks, public meetings, political events, and nonfirearms-related athletic events. Handgun carry by lawful carriers is not subject to that exception. If you carry a long gun, check the city ordinance for the specific location.
• Improperly posted government buildings. If a Texas city, county, or state agency posts a § 30.06 or § 30.07 sign on a building or property without statutory authority, that posting violates § 411.209. Send the written notice. After three business days, file with the AG.
• Counties cannot regulate either. Section 236.002 mirrors § 229.001 for counties. The same prohibitions, the same anti-circumvention rule, the same exceptions, and the same AG enforcement authority apply.
• Carry your LTC. Texas has been a permitless-carry state for handguns since 2021, but the LTC still matters: it is the basis for § 411.209 protection on government property, it provides reciprocity in other states, and it preserves carry in many state-statutory locations where permitless carry is restricted.

Texas Concealed Carry Laws

Texas allows concealed carry of handguns through two paths. First, constitutional carry under Tex. Penal Code § 46.02(a-5) covers any adult 21 or older who is not a prohibited person. No permit is required, and the rule has been in effect since September 1, 2021, when H.B. 1927 (87th Leg., ch. 809) took effect. Second, the License to Carry (LTC) under Tex. Gov't Code § 411.171 et seq. remains the permit-based path. The LTC adds out-of-state reciprocity, statutory carve-outs at certain prohibited places, exemption from the Gun-Free School Zones Act for K-12 staff carry where authorized, and access to the airport-checkpoint defense under § 46.03(e-1). For most adult Texans who only carry in-state, constitutional carry is sufficient. For instructors, professionals who travel, and people who carry for work, the LTC is still the practical choice.

This section covers concealed handgun carry by civilians. Open carry of handguns by adults 21 and over is now lawful under the same § 46.02(a-5) framework and is covered in OPEN_CARRY. Long-gun carry, NFA items, vehicle and premises rules, and prohibited places each have their own sections. The bottom-line rule for concealment is simple: if you are over 21 and not prohibited, Texas does not care whether the handgun is concealed or holstered openly, so long as you keep it in a holster on your person and do not intentionally display it in plain view. Vehicle carry is governed by a separate plain-view rule in § 46.02(a-1) - see VEHICLE_CARRY.

The two-path framework

Before H.B. 1927, Texas Penal Code § 46.02 made it a Class A misdemeanor to carry a handgun on or about your person off your own premises and not directly en route to a vehicle you control. The only general civilian exception was the LTC. H.B. 1927 added subsection (a-5) and rewrote (a-1), creating a permitless-carry path for adults 21 and over. The result is that the same conduct (carrying a handgun concealed on your person in public) can now be lawful under either of two independent legal authorities:

1. Constitutional carry under § 46.02(a-5). A person 21 or older who is not prohibited under § 46.04 from possessing a firearm may carry a handgun on or about their person in a public place, so long as the handgun is not intentionally displayed in plain view of another person. There is an exception for handguns partially or wholly visible while carried in a holster.

2. LTC carry under Tex. Gov't Code § 411.171 et seq. A person who has been issued a license to carry a handgun under Subchapter H, Chapter 411, Government Code, may carry a handgun concealed or in a holster, with the additional rights and statutory defenses that flow from holding the license.

Constitutional carry did not repeal the LTC. It coexists with it. A constitutional carrier is treated under § 46.02 itself; an LTC holder carrying under license authority is also treated under § 46.035 (which now contains only the plain-view restriction discussed below) plus the § 46.03 LTC-specific defenses. The two paths produce different consequences when something goes wrong (more on this below).

The § 46.02 baseline

Under § 46.02(a), a person commits an offense if they intentionally, knowingly, or recklessly carry a handgun on or about their person, while at the time of the offense:

• They are younger than 21, or have a conviction in the last five years for an offense under § 22.01(a)(1) (assault causing bodily injury), § 22.05 (deadly conduct), § 22.07 (terroristic threat), or § 42.01(a)(7)-(8) (disorderly conduct involving a firearm); and
• They are not on their own premises (or premises under their control), and not inside or directly en route to a vehicle or watercraft they own or control.

That is the base rule for under-21 carriers and for adults with the listed disqualifying convictions. § 46.02(a-1) separately addresses vehicle carry: an offense if a handgun in a vehicle you control is in plain view, unless you are 21 or older or LTC-licensed and the handgun is in a holster, or if you are engaged in non-traffic criminal activity, or prohibited from possessing a firearm.

§ 46.02(a-5) is the constitutional-carry exception that does the heavy lifting for adults. It says: a person commits an offense if they carry a handgun and intentionally display the handgun in plain view of another person in a public place. The exception within the exception: a partially or wholly visible handgun carried in a holster is not a § 46.02(a-5) violation. So the practical rule for an adult constitutional carrier is: holster, do not flash, and do not deliberately display.

§ 46.02(a-6) bars handgun carry while intoxicated, with carve-outs for the actor's own property, property where the actor has consent, and vehicles the actor owns or has consent to occupy. § 46.02(a-7) is the felon and prohibited-person trap: carrying a handgun off your own premises and not en route to a vehicle, while prohibited under § 46.04, is graded as a third-degree felony (or second-degree felony with a five-year minimum if the prohibition arises under § 46.04(a), the felon-in-possession rule). The base § 46.02 grade is a Class A misdemeanor under (b).

You will see § 46.02 cited as both the unlawful-carry statute and the source of the constitutional-carry exception. Both are correct. (a)-(a-1) are the prohibition, (a-5)-(a-6) are the limits on the prohibition, and (b)/(d)/(e) set grading.

What § 46.035 actually says today

Through 2020, Tex. Penal Code § 46.035 was the operational rulebook for LTC holders. It listed prohibited places specific to license holders, defined the 51%/55% alcohol-establishment rule, set the school-grounds and government-meeting prohibitions, and graded each offense. H.B. 1927 (2021) and H.B. 4595 (2023) repealed most of those subsections. What remains in § 46.035 today is narrow:

• § 46.035(a). A license holder who carries under Subchapter H authority and intentionally displays the handgun in plain view of another person in a public place commits an offense. The exception is a partially or wholly visible handgun (1) carried in a holster, or (2) in a holster with the license holder in a motor vehicle.

That is the operative remainder. Subsections (a-1), (a-2), (a-3), (e), (f), (g), (h), (h-1), (i), (j), (k), (l), and (m) were repealed by Acts 2021, 87th Leg., ch. 809 (H.B. 1927), § 26(10). Subsections (b), (c), and (d) were repealed by Acts 2023, 88th Leg., ch. 768 (H.B. 4595), § 17.004. The 51%-establishment ban, the schools ban, the government-meetings ban, and the hospital and amusement-park bans that students used to learn from § 46.035 are now in § 46.03 (places weapons prohibited), with § 46.15 providing the LTC-holder defenses. PROHIBITED_PLACES carries the full list. Two practical points belong here:

• The LTC plain-view rule (§ 46.035(a)) is functionally identical to the constitutional-carry plain-view rule (§ 46.02(a-5)). Either way, holster carry is fine, deliberate display is not.
• § 46.035 no longer contains the LTC carve-outs that used to define the license advantage. The LTC carve-outs now appear as defenses or exceptions to § 46.03 prosecutions, codified in § 46.15(p) and (q) and in § 46.03 itself. That re-shuffling is critical for understanding what an LTC actually buys today.

Plain view, holsters, and what counts as "concealed"

Texas does not require concealment. What Texas requires is that the handgun be in a holster if it is going to be carried at all, and that the carrier not intentionally display the handgun in plain view of another person. Both § 46.02(a-5) and § 46.035(a) are display offenses, not concealment requirements.

Operational rules for an instructor to drill into students:

• Holster the handgun. Either inside-the-waistband or outside-the-waistband is fine.
• A handgun "partially or wholly visible" while in a holster is not a plain-view violation. The shirt riding up over a belt-mounted retention holster is not an offense.
• Pulling the handgun out and waving it around (other than in a lawful self-defense response) is the textbook plain-view violation, regardless of whether the carrier is an LTC holder or a constitutional carrier.
• "Brandishing" is not a Texas statutory term. The closest analog is the § 46.02(a-5) / § 46.035(a) intentional-display offense. Disorderly-conduct charges under § 42.01(a)(8) (displaying a firearm in a manner calculated to alarm) can also apply.
• "Concealed" in Texas is not a heightened standard. There is no separate offense for failing to conceal an LTC carry, because the open-carry-in-holster rule applies to LTC holders too.

A common student question: is printing (an outline of the handgun visible through clothing) plain view? Under either § 46.02(a-5) or § 46.035(a), the offense is intentional display. A holstered handgun whose outline shows through a shirt is not "intentionally displayed in plain view" within the meaning of those statutes. Telling a student "yes, but be discreet" is good practical advice; telling them "printing is illegal" is wrong on the statute.

What the LTC still buys you

Constitutional carry covers most everyday in-Texas handgun carry by adults. The LTC is still meaningfully different in five ways an instructor should be able to explain.

1. Reciprocity. § 46.02(a-5) is a Texas rule. It does nothing for a Texan crossing into Louisiana, Oklahoma, New Mexico, Arkansas, or any other state. The Texas LTC is honored under reciprocity or recognition agreements administered by Tex. Gov't Code § 411.173 (out-of-state license recognition) and § 411.1735, with a current list maintained by the Department of Public Safety. RECIPROCITY covers the operational details. As of 2026, Texas LTC reciprocity covers roughly three dozen states, including all states bordering Texas.

2. NICS-exempt purchases under federal law. A current Texas LTC issued after the federal qualification process is recognized by the ATF as a Brady alternative under 18 U.S.C. § 922(t)(3). At a dealer, an LTC holder skips the NICS check on a 4473 purchase. A constitutional carrier does not.

3. Statutory defenses to § 46.03 prohibited-place prosecutions. This is the part the post-H.B. 1927 reorganization makes easy to miss. § 46.15(p) provides that § 46.03(a)(7) (51% bars), (a)(11) (hospitals and nursing homes), and (a)(13) (amusement parks) "do not apply" to a license holder who carries on those premises and was not given effective notice under § 30.06 (concealed) or § 30.07 (open) or § 411.204. § 46.15(q) provides the same kind of carve-out for § 46.03(a)(8) (collegiate sporting events). A constitutional carrier carrying into a hospital, a 51% bar, or an amusement park has no analogous defense and is exposed to § 46.03 prosecution as a third-degree felony (Class A for (a)(8), (a)(11), and (a)(13) under § 46.03(g-2)).

4. Airport-checkpoint defense (§ 46.03(e-1)). A LTC holder who arrives at a TSA screening checkpoint with a handgun, and who exits the checkpoint immediately upon being notified that the handgun is present, has a statutory defense to a § 46.03(a)(5) secured-area prosecution. § 46.03(e-2) further bars a peace officer from arresting an LTC-holding actor whose only conduct is § 46.03(a)(5) possession until the officer has advised the actor of the (e-1) defense and given the actor a chance to exit. Constitutional carriers do not have this defense.

5. Federal Gun-Free School Zones Act exemption. Federal law, 18 U.S.C. § 922(q), prohibits firearm possession within 1,000 feet of K-12 school grounds, but exempts persons "licensed to do so by the State in which the school zone is located" if the license-issuing process verified the licensee. A Texas LTC qualifies for that exemption. Constitutional carry under § 46.02(a-5) does not. This matters most for people who live or routinely drive within 1,000 feet of a school. Texas itself does not enforce § 922(q), but federal prosecutors can.

If a student carries only inside Texas, only outside the listed § 46.15(p)/(q) places, and never near a federal facility or K-12 school zone, the LTC is largely a convenience document. For everyone else, the LTC is still worth getting. APPLICATION_PROCESS, FEES_COSTS, and TRAINING_REQUIREMENTS cover how to get one.

Eligibility (constitutional carry vs LTC)

Constitutional carry under § 46.02(a-5) requires:

• Age 21 or older.
• Not prohibited from possessing a firearm under § 46.04 (felon in possession, person subject to a protective order, person with a recent family-violence misdemeanor conviction).
• Not prohibited under federal law (18 U.S.C. § 922(g) covers felons, fugitives, unlawful drug users, persons subject to qualifying protective orders, persons committed to a mental institution, illegal aliens, dishonorable-discharge veterans, persons who have renounced U.S. citizenship, and persons subject to qualifying domestic-violence misdemeanor convictions).
• Not, in the last five years, convicted of one of the § 46.02(a)(2)(B) misdemeanors (assault causing bodily injury under § 22.01(a)(1), deadly conduct under § 22.05, terroristic threat under § 22.07, or firearm-involved disorderly conduct under § 42.01(a)(7)-(8)).
• Not intoxicated while carrying off the actor's own property or vehicle (§ 46.02(a-6)).

LTC eligibility under Tex. Gov't Code § 411.172 is stricter than constitutional carry on several axes. The LTC requires six months of Texas residency (or qualification under § 411.173 for non-residents), no felony convictions ever, no Class A or Class B misdemeanor conviction in the prior five years, no chemical dependency, current child-support and tax compliance, no protective orders, and a passing handgun-proficiency course. PERMIT_BASICS and APPLICATION_PROCESS go through this in detail.

The single most important practical difference: a person disqualified from an LTC under § 411.172 may still be eligible for constitutional carry. A Texas resident with a Class B misdemeanor conviction in the last five years who is otherwise § 46.04-clean and § 922(g)-clean is barred from an LTC by § 411.172(a)(8) but is permitted to carry under § 46.02(a-5). Confirm § 46.04 eligibility with counsel before relying on this analysis.

Penalties for unlawful concealed carry

The grading distinction students miss: a § 46.02(a-5) plain-view violation is a Class A misdemeanor. A § 46.03(a)(1) violation (carrying into a school) is a third-degree felony. The penalty for crossing onto a § 46.03 premises is dramatically higher than the penalty for clipping the constitutional-carry plain-view rule. PROHIBITED_PLACES walks through the prohibited-places statute in detail; treat the existence of § 46.03 felonies as the practical reason the LTC defenses in § 46.15(p)-(q) matter.

Nonapplicability: § 46.15 exceptions

§ 46.15(a) and (b) list the personal exemptions that take an actor outside § 46.02 and § 46.03 entirely. The categories most relevant to a CCW student:

• Peace officers and special investigators under Tex. Code Crim. Proc. art. 2.122 (and, after January 1, 2025, art. 2A.002), regardless of whether on duty (§ 46.15(a)(1)).
• Active and retired judicial officers as defined by § 411.201, Government Code, who hold an LTC (§ 46.15(a)(4), (a)(11)).
• Honorably retired peace officers and other qualified retired law enforcement officers under 18 U.S.C. § 926C, with a § 1701.357 certificate of proficiency (§ 46.15(a)(5)).
• Certain prosecutors and assistant prosecutors with an LTC (§ 46.15(a)(6)-(7)).
• Members of the U.S. armed forces or state military forces in actual discharge of official duties (§ 46.15(b)(1)).
• A person who is "traveling" (§ 46.15(b)(2)). The travel exception predates constitutional carry; it remains useful for under-21 adults and other actors who do not qualify under (a-5).
• A person engaged in lawful hunting or sporting activity on the immediate premises or en route, with a weapon commonly used in the activity (§ 46.15(b)(3)).
• LTC holders carrying a handgun in a concealed manner or in a holster (§ 46.15(b)(6)).
• Persons in a state-of-disaster evacuation, where less than 168 hours have elapsed since declaration (§ 46.15(k)).

§ 46.15(b)(6) is the LTC-holder exception that makes constitutional-carry compliance look generous to license holders: an LTC holder is statutorily exempt from § 46.02 and § 46.03 baselines (subject to the (a-2) through (a-4) institution-of-higher-education rules and the prohibited-places limits in § 46.03 itself).

What "premises" means in Texas

§ 46.02(a-2) defines "premises" for the unlawful-carry statute to include real property and a recreational vehicle being used as living quarters. § 46.03(c)(4) defines "premises" for the prohibited-places statute as a building or portion of a building, expressly excluding any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. The distinction is not academic: the parking-lot exclusion in § 46.03(c)(4) is what allows a license holder (or an adult constitutional carrier) to keep a handgun in a vehicle parked on hospital, school, or polling-place grounds without exposure to § 46.03 prosecution. VEHICLE_CARRY covers the parking-lot rules in detail.

Out-of-state handguns and non-residents

A Texas adult without an LTC can carry concealed in Texas under § 46.02(a-5). A non-resident adult without any license can also carry concealed in Texas under § 46.02(a-5), so long as they are 21 or older, not prohibited under § 46.04, and not prohibited under federal law. The constitutional-carry rule does not require Texas residency.

A non-resident with an out-of-state carry license is recognized under § 411.173 reciprocity and § 411.1735 unilateral recognition (administered by DPS). RECIPROCITY covers which states' licenses Texas honors. The practical takeaway: an out-of-state license adds the § 46.15(p)-(q) defenses (because § 46.15 references "license holder," which Subchapter H defines to include holders of recognized out-of-state licenses) and the § 46.03(e-1) airport-checkpoint defense, on top of constitutional-carry rights.

A Texas resident may not carry on an out-of-state non-resident license alone if the conduct would otherwise require a license, but constitutional carry usually moots the question. The exception is the § 46.15(p)-(q) defenses: a Texas resident with only an out-of-state license is "licensed" for those defenses, although for federal NICS-exempt purchases at a Texas dealer, the licensee has to be a Texas resident with a Texas LTC.

The drawing-in-self-defense interaction

Concealed carry intersects with USE_OF_FORCE the moment a carrier needs to draw. § 9.31 (self-defense), § 9.32 (deadly force), and § 9.33 (defense of third person) provide the affirmative justification for displaying or firing a handgun. § 9.04 separately provides that "the threat of force is justified when the use of force is justified by this chapter," and that "a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force." In other words, drawing or producing a handgun to create apprehension is treated as a threat of force (not deadly force) when the actor's purpose is so limited - but this is conditional on that limited purpose, and on the underlying use of force being justified under Chapter 9. None of this conflicts with § 46.02(a-5) or § 46.035(a), because those statutes target intentional display in a public place outside the defensive context. USE_OF_FORCE and CASTLE_DOCTRINE walk through the justification framework. The short version for an instructor: a clean defensive draw against an articulable threat is not a § 46.02(a-5) violation, even if the handgun becomes visible.

What you must carry on you

A constitutional carrier carries no document. There is no "constitutional-carry card." If a peace officer asks for ID during a lawful stop while you are armed, you produce your driver's license under the same rules that apply to any traffic or pedestrian stop.

An LTC holder should carry the LTC card. The pre-2021 statutory duty to disclose or display the license on demand (former Tex. Gov't Code § 411.205) was repealed by H.B. 1927 (2021), § 26(11). There is no longer a statutory duty to disclose or display the LTC. The practical advice is unchanged: cooperate, identify yourself with the driver's license, and answer truthfully if asked whether you are armed. DUTY_TO_INFORM covers the post-2021 framework.

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Federal context

N.Y. State Rifle & Pistol Ass'n v. Bruen (2022). Bruen, 597 U.S. 1 (2022), eliminated "proper cause" / "good cause" discretionary CCW frameworks and required states to apply objective issuance criteria. The decision converted formerly may-issue states to shall-issue. States that were already shall-issue or permitless before Bruen experience the case primarily through its broader historical-tradition test for evaluating subsequent Second Amendment claims.

Texas License to Carry (LTC) - Fees & Costs

Bottom Line

The Texas LTC application fee is $40 under Tex. Gov't Code § 411.174(a)(6), and the renewal fee is also $40 under § 411.185(a)(2). § 411.195 reduces renewals by $5 for applicants 60 and older - a senior pays $35 to renew - and cuts duplicate or modified-license fees by 50% for the same age group. § 411.1951 waives the original, duplicate, modified, and renewal fees ($0) for active members of the U.S. armed forces, the reserves, the National Guard, the Texas State Guard, and any veteran honorably discharged within 365 days of the application. Veterans more than 365 days past honorable discharge pay a flat $25 for an original or renewed license under § 411.1951(c)(1), with duplicate or modified fees cut by 50%. Out-of-pocket cost for a new LTC, including the $40 state fee, fingerprint capture, and the required 4 to 6 hour course, typically runs $125 to $200 for most applicants.

Statutory Fees Paid to DPS

The LTC fee under § 411.174(a)(6) is nonrefundable and is paid to the Texas Department of Public Safety as part of the application packet. The renewal fee under § 411.185(a)(2) is also nonrefundable and is paid when the renewal application is mailed in or submitted through the DPS online renewal portal.

Senior Discount (60+) - § 411.195

Tex. Gov't Code § 411.195 carves out two reductions for applicants who are 60 years of age or older:

• § 411.195(2): Reduces any renewal fee by $5. Combined with the $40 statutory renewal under § 411.185(a)(2), a senior pays $35 to renew.
• § 411.195(1): Reduces any duplicate-license or modified-license fee by 50%.

The senior discount does not apply to the original-license fee in § 411.174(a)(6). A 60-year-old applying for a first-time LTC pays the full $40. The reduction only attaches at renewal and to duplicate/modified-license fees. There is no separate application form for the senior reduction - DPS applies it automatically based on the date of birth on file.

Military and Veteran Waivers - § 411.1951

§ 411.1951 is the most generous fee waiver in the LTC scheme.

Full waiver - $0 (§ 411.1951(b)). DPS must waive any fee for an original, duplicate, modified, or renewed license if the applicant is:

1. A current member of the U.S. armed forces, including the reserves, the National Guard, or the Texas State Guard (§ 411.1951(b)(1)); or
2. A veteran who, within 365 days preceding the date of the application, was honorably discharged from the branch of service in which the person served (§ 411.1951(b)(2)).

The 365-day window is measured from the date of separation/discharge to the date of the LTC application, not the date of issuance.

Reduced fees (§ 411.1951(c)). A veteran whose honorable discharge was more than 365 days before the application pays:

• $25.00 for an original or renewed license (§ 411.1951(c)(1)) - a $15 reduction off the standard $40.
• 50% of any duplicate or modified-license fee (§ 411.1951(c)(2)).

"Veteran" defined (§ 411.1951(a)). The waiver definition reaches service in the army, navy, air force, coast guard, or marine corps; the Texas military forces as defined by Tex. Gov't Code § 437.001; and any auxiliary service of those branches, provided the applicant was honorably discharged. A general or other-than-honorable discharge disqualifies the applicant from the § 411.1951 reduction or waiver, though the person may still apply at the standard fee if otherwise eligible under § 411.172.

The military/veteran waivers stack with the senior discount in § 411.195 only in the sense that DPS will apply whichever is more favorable to the applicant - the waiver fully zeros the fee, so the senior discount has nothing to subtract from once the § 411.1951(b) waiver applies.

Fingerprint Costs

Fingerprints are a separate, non-DPS cost. § 411.174(a)(5) requires "two complete sets of legible and classifiable fingerprints" taken by an approved law-enforcement agency or a DPS-designated private vendor. In practice, applicants schedule a digital-capture appointment with IdentoGo (Idemia), the state's fingerprint contractor:

• Capture fee: approximately $10.00 for the LTC fingerprint service, plus a small processing/convenience fee depending on payment method.
• Total typical fingerprint cost: $10.00 to $15.00.

There is no statutory cap on what the fingerprint vendor can charge, and the fee is not part of the § 411.174(a)(6) $40 license fee. Some sheriff's offices and police departments will roll fingerprints for a comparable fee, but the DPS LTC system requires the digital capture through IdentoGo for most applicants.

Course and Range Costs

§ 411.174(a)(7) requires evidence of handgun proficiency, and § 411.188 requires a 4-to-6-hour classroom-and-range course taught by a DPS-certified instructor. Course pricing is not regulated by statute - instructors set their own prices.

Most certified instructors quote an "all-in" course price that bundles the classroom block, the proficiency demonstration on the range, the range fee, and the qualification target. Some bundle ammunition; many do not. Applicants without their own handgun should confirm whether the course price includes a rental.

The course must be completed before the application is submitted, and the CHL-100 proficiency certificate must be uploaded with the application. The certificate has no statutory expiration tied to the LTC application, but DPS expects a recent course completion.

Replacement and Modified Licenses

DPS issues a duplicate license when a card is lost, stolen, or destroyed, and a modified license when name, address, or other information changes. The duplicate/modified-license fee is set by DPS rule rather than by a fixed statutory dollar amount, but the § 411.195(1) and § 411.1951(c)(2) 50% reductions apply for seniors and post-365-day veterans.

Address changes can be submitted through the DPS LTC online portal at no fee in most cases - DPS treats a notification of address change separately from issuance of a modified card. An applicant who wants a reissued physical card with the new address pays the duplicate/modified-license fee.

Total Realistic Cost - New LTC

For a typical first-time applicant (not a senior, not military, not a recently discharged veteran):

For a 60-year-old renewing: $35 under § 411.195(2), plus any course refresher the instructor recommends. Texas does not require a renewal training course under § 411.185, so the renewal cost can be the $35 statutory fee alone.

For an active-duty service member or a veteran within 365 days of honorable discharge: $0 in DPS fees under § 411.1951(b), plus fingerprints and course costs only - typically $60 to $165 out of pocket.

For a veteran more than 365 days past honorable discharge: $25 under § 411.1951(c)(1), plus fingerprints and course - typically $85 to $190.

Indigent and Hardship Waivers

Subchapter H of Chapter 411 of the Texas Government Code does not include a general indigency waiver for the LTC fee. The only fee reductions and waivers in the statute are:

• § 411.195 - age-based ($60+) renewal/duplicate reductions, and
• § 411.1951 - military/veteran waivers and reductions.

Applicants who cannot afford the $40 application fee under § 411.174(a)(6) do not have a statutory hardship waiver path; the fee is described as nonrefundable in § 411.174(a)(6) and there is no separate provision in § 411.195 or § 411.1951 covering income-based waivers. Applicants in genuine hardship should contact DPS directly and inquire whether any administrative discretion applies, but no statutory entitlement exists.

Refundability and Re-application

The LTC application fee is "nonrefundable" by the express text of § 411.174(a)(6). If DPS denies the application, the $40 stays with the department. Applicants who are denied and wish to reapply must pay another $40 at the time of the new application - there is no statutory "credit" for a prior denied filing.

The renewal fee under § 411.185(a)(2) is also nonrefundable. If DPS denies the renewal because the holder no longer meets the § 411.172 eligibility requirements, the $40 stays with the department.

Practical Cost-Planning Notes

• Bundle the course and range. Most DPS-certified instructors charge less per applicant when the classroom and range qualification are taken together rather than booked separately at a public range.
• Schedule fingerprints once. IdentoGo charges per appointment; do not split the LTC fingerprint capture across multiple visits.
• Submit online. The DPS LTC online application accepts the $40 § 411.174(a)(6) fee by credit card and avoids a separate paper-processing path. Renewals under § 411.185 may also be submitted online or by mail.
• Track the 365-day veteran window. The fee waiver under § 411.1951(b)(2) is calendar-day strict - apply within 365 days of the honorable discharge date to claim the $0 original-license waiver. Day 366 and later, the fee jumps to $25 under § 411.1951(c)(1).
• Renewal grace period. § 411.185 does not impose a fee penalty for renewing late, but a holder whose license has lapsed too long may have to apply as a new applicant at the full $40 plus a fresh course, depending on DPS rules.

Statutory References

• Tex. Gov't Code § 411.174(a)(6) - Sets the $40 original LTC application and license fee; describes the fee as "nonrefundable."
• Tex. Gov't Code § 411.185(a)(2) - Sets the $40 LTC renewal fee.
• Tex. Gov't Code § 411.195 - Senior (60+) fee reductions: $5 off renewal (§ 411.195(2)); 50% off duplicate or modified license (§ 411.195(1)).
• Tex. Gov't Code § 411.1951(a) - Defines "veteran" for purposes of fee waivers (honorable discharge from listed services).
• Tex. Gov't Code § 411.1951(b) - Full fee waiver for current members of the armed forces, reserves, National Guard, Texas State Guard, and veterans within 365 days of honorable discharge.
• Tex. Gov't Code § 411.1951(c)(1) - Veterans more than 365 days from honorable discharge pay $25 for an original or renewed license.
• Tex. Gov't Code § 411.1951(c)(2) - Veterans more than 365 days from honorable discharge get a 50% reduction on duplicate or modified-license fees.

Texas Red Flag / Extreme Risk Protection Orders

Texas does NOT have an Extreme Risk Protection Order (ERPO) or "red flag" law. 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 Ch. 573-574 (which can trigger federal § 922(g)(4) prohibition) 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 federal § 922(g)(8)).

Unlike Florida, California, Indiana, Michigan, and the 17 other ERPO states, Texas has no civil mechanism allowing a family member, household member, or law enforcement officer to petition a court to temporarily remove firearms from a person believed dangerous to self or others. Bills creating such a mechanism - including HB 88 ("Jaime's Law," filed after the Santa Fe High School shooting), HB 196, and successor measures across the 86th-89th Legislatures - have been referred to committee without floor consideration. Texas Republican legislative leadership has consistently opposed ERPO frameworks on Second Amendment and procedural-due-process grounds.

That does not mean Texas has no involuntary-disarmament tool. The available tools are narrower, slower, and tied to specific predicates: mental illness plus dangerousness, or a domestic-violence-or-stalking predicate plus a court-ordered protective order.

Why this matters for License to Carry holders

Texas has been a permitless-carry state for handguns at age 21+ since September 1, 2021 (HB 1927, Tex. Penal Code § 46.02). The DPS LTC issued under Subchapter H, Chapter 411 of the Government Code remains useful for reciprocity, NICS-bypass at purchase, and the LTC-only carve-outs in § 46.03 / § 46.035. None of that immunizes an LTC holder - or a permitless carrier - from federal prohibitor status.

The moment a Texan becomes a federal prohibited person under 18 U.S.C. § 922(g): (1) firearm possession becomes a federal felony; (2) Tex. Penal Code § 46.04 makes possession a state offense through the routes § 46.04 recognizes (felony conviction under (a), Class A family-violence misdemeanor under (b), or active protective order under (c)); and (3) the DPS LTC is subject to revocation under Tex. Gov't Code § 411.172(a), which requires a license-holder to remain not "ineligible to purchase a handgun under state or federal law." A post-issuance federal prohibitor triggers revocation under § 411.180. There is no Texas analog to a "red flag adjudication" that triggers § 411.172(a) on its own - disqualification flows through the predicates the statute already lists.

Pathway 1: Mental-health apprehension and commitment (Health & Safety Code Ch. 573-574)

Texas has a two-track mental-health pathway: the fast track (Ch. 573) is an officer-initiated emergency apprehension producing a short detention; the slower track (Ch. 574) is a judicial proceeding producing a court-ordered commitment.

Track A: Emergency apprehension by peace officer (§ 573.001)

Tex. Health & Safety Code § 573.001(a) authorizes a peace officer, without a warrant, to take a person into custody if the officer reasonably believes (i) the person has mental illness, (ii) because of that illness there is a substantial risk of serious harm to self or others unless immediately restrained, and (iii) there is not sufficient time to obtain a warrant. The "substantial risk" can be shown by behavior or by evidence of severe emotional distress and deterioration. § 573.001(b). The officer may rely on a credible person's representation or on observed conduct. § 573.001(c). The officer must transport the person to the nearest appropriate inpatient mental health facility (or transfer to EMS under § 573.005). § 573.001(d).

Critically for firearm law, § 573.001(h) authorizes the officer to immediately seize any firearm found in possession of the apprehended person, and to follow the disposition procedure in Tex. Code Crim. Proc. art. 18.191. This is the closest Texas comes to a "scene-of-crisis" firearm seizure. It is not an ERPO; it is incident to a custodial mental-health apprehension.

A § 573.001 apprehension, standing alone, is NOT a federal § 922(g)(4) prohibitor. § 922(g)(4) reaches a person "who has been adjudicated as a mental defective or who has been committed to a mental institution." A short-term emergency hold for evaluation, without a subsequent court commitment order, does not satisfy 27 C.F.R. § 478.11's definition of "committed."

Track B: Court-ordered temporary inpatient mental health services (§ 574.034)

Chapter 574 governs judicial commitment. Under § 574.034(a), a judge or jury may order temporary inpatient mental health services only on clear and convincing evidence that the person (i) has mental illness AND (ii) as a result is likely to cause serious harm to self or others, OR is suffering severe distress and substantial deterioration of independent functioning and is unable to make a rational decision about treatment. The evidence must include expert testimony and, unless waived, evidence of a recent overt act or continuing pattern of behavior. § 574.034(d). § 574.034(g) authorizes inpatient treatment up to 45 days (90 if the judge finds the longer period necessary). § 574.035 separately authorizes EXTENDED commitment on more demanding findings, typically up to 12 months and renewable.

A § 574.034 order - and a § 574.035 order - IS a "commitment to a mental institution" for purposes of 18 U.S.C. § 922(g)(4). Once the court signs the order:

• Federal: The person is prohibited from possessing or receiving any firearm or ammunition. The prohibition is indefinite and does not lapse when the commitment ends. Relief requires a successful petition under 34 U.S.C. § 40915 (NICS Improvement Amendments Act); Texas implemented its NIAA program at Tex. Health & Safety Code § 574.088.
• State: Texas has no separate "committed person" prohibitor in the Penal Code mirroring § 922(g)(4). The exclusion runs through the federal predicate and through the LTC eligibility check in Tex. Gov't Code § 411.172(a)(4), which incorporates the federal "purchase of a handgun" prohibitions.

Restoration: Tex. Health & Safety Code § 574.088

Section 574.088 provides a state-court mechanism for a Ch. 574 committee to petition for relief from federal firearm prohibitions arising from the commitment. The petitioner must show by a preponderance of the evidence that (i) the person will not act in a manner dangerous to public safety, and (ii) granting relief is not contrary to the public interest. A successful order is reported to NICS through Texas's NIAA implementation, lifting the federal § 922(g)(4) bar. § 574.088 relief is granted at meaningful rates in some Texas counties and almost never in others.

What Chapter 573-574 does NOT do

The mental-health pathway is a clinical-and-judicial determination that produces a firearm prohibition as a consequence. It is not a civil dangerousness order:

• It cannot be initiated based on threats, social-media posts, or stockpiling alone, absent the clinical predicate of mental illness creating dangerousness.
• It is not available against a person whose only "warning sign" is a verbal threat against an unrelated third party where there is no mental-illness diagnosis.
• It does not authorize a stand-alone search warrant for firearms. The § 573.001(h) seizure authority is incident to lawful custodial apprehension; firearms beyond what is "found in possession of the person" at apprehension are not reachable through this section.
• A § 573.001 hold that does not lead to a § 574.034 / § 574.035 commitment order does NOT trigger § 922(g)(4). Texans apprehended under § 573.001 and released without a court order are not federally prohibited and may lawfully repossess any firearms seized once art. 18.191 disposition runs.

Pathway 2: Protective orders (Tex. Code Crim. Proc. Ch. 7B, art. 17.292; Tex. Fam. Code Ch. 85)

Protective orders are Texas's most-used civil firearm-removal tool. They are not red-flag orders - each requires a domestic-violence, stalking, sexual-assault, or trafficking predicate - but they produce ERPO-like firearm consequences when entered.

The four protective-order routes

1. Magistrate's Order for Emergency Protection (MOEP), Tex. Code Crim. Proc. art. 17.292. Issued by a magistrate at arraignment after arrest for family violence, sexual assault, indecent assault, stalking, or trafficking. Effective 31-91 days (61-91 days with a deadly weapon). Art. 17.292(c)(4) authorizes the magistrate to prohibit firearm possession (except for actively serving sworn law enforcement). The court must include this prohibition for family-violence cases involving a deadly weapon.

2. Family-violence protective order, Tex. Fam. Code Ch. 85. Issued after a hearing on a sworn application alleging family violence under § 71.004. A temporary ex parte order may issue same-day under § 83.001. A final order under § 85.001 issues after a hearing where both parties may appear. § 85.022(b)(6) authorizes a firearm-possession prohibition (except for active sworn officers).

3. Protective order under Tex. Code Crim. Proc. Ch. 7B (formerly art. 7A). Available to victims of sexual assault, stalking, indecent assault, or trafficking - a domestic relationship is NOT required. This is Texas's closest analog to a non-domestic civil protective order, and may include the same firearm prohibition.

4. Out-of-jurisdiction order recognized under Tex. Fam. Code Ch. 88. Texas affords full faith and credit to qualifying foreign protective orders.

State firearm consequences: Tex. Penal Code § 46.04(c)

Tex. Penal Code § 46.04(c) makes it a Class A misdemeanor for a non-peace-officer to possess a firearm after receiving notice of, and before the expiration of, an order issued under Tex. Fam. Code § 6.504 (family-violence orders entered in divorce), Tex. Fam. Code Ch. 85 (family-violence orders), Tex. Code Crim. Proc. art. 17.292 (MOEP), Tex. Code Crim. Proc. Ch. 7B (sexual-assault, stalking, trafficking), or another jurisdiction's order recognized under Tex. Fam. Code Ch. 88. The prohibition is automatic upon notice and continues until expiration. There is no statutory grace period; possession after notice is the offense.

Federal firearm consequences: 18 U.S.C. § 922(g)(8)

A protective order also triggers federal § 922(g)(8) if it satisfies three elements: (1) the order issued after a hearing of which the respondent received actual notice and at which the respondent had an opportunity to participate (an ex parte temporary order generally does NOT satisfy this element); (2) it restrains the respondent from harassing, stalking, or threatening an intimate partner or child, or restrains conduct placing them in reasonable fear of bodily injury; AND (3) it either includes a finding of credible threat OR explicitly prohibits the use, attempted use, or threatened use of physical force.

The federal prohibition is independent of the state one. It was upheld against a Bruen-era Second Amendment challenge in United States v. Rahimi, 144 S. Ct. 1889 (2024).

If the underlying conduct results in conviction for a Class A misdemeanor family-violence assault under § 22.01(a)(1), Tex. Penal Code § 46.04(b) imposes a five-year state possession bar, and 18 U.S.C. § 922(g)(9) imposes a federal lifetime prohibition. Those survive the protective order's expiration.

What the protective-order pathway is good for, and what it isn't

Texas protective orders can produce same-day, ex parte, in-court firearm prohibitions. That makes them functionally similar to an ERPO temporary order. But each route requires its statutory predicate. Family Code Ch. 85 and art. 17.292 require family violence under Tex. Fam. Code § 71.004 - bodily injury, threats, or assault between family or household members. Ch. 7B requires sexual assault, stalking, indecent assault, or trafficking. A neighbor, classmate, coworker, or unrelated friend who is alarmed by a person's behavior cannot, without one of these predicates, obtain a Texas civil order that removes firearms. Generalized "danger to self" - including credible suicide risk - is not within the protective-order statutes. A spouse worried her husband will use a firearm to kill himself, with no act of family violence against her, has no Texas civil-protective-order route. The available tools are voluntary surrender and Pathway 1.

Pathway 3: What an ERPO would do (proposed, NOT enacted)

Texas ERPO bills filed across recent sessions follow the structure used in Florida, Indiana, and Michigan: petition by family/household member or law enforcement; probable cause for an ex parte order (typically 14 days); preponderance or clear-and-convincing evidence for a final order (typically up to one year, renewable); surrender of firearms and suspension of LTC; right to counsel and hearing within a fixed window. None of this is current Texas law. The bills have not advanced past committee. Do not represent that Texas has a "red flag" or "ERPO" mechanism, even informally.

Reciprocity considerations: out-of-state ERPO orders

Texas has not enacted ERPO-specific full-faith-and-credit legislation. A Texan subject to an out-of-state ERPO is NOT automatically prohibited under Tex. Penal Code § 46.04 by virtue of that order alone - § 46.04(c) lists protective orders issued under specific Texas statutes, and Tex. Fam. Code Ch. 88 covers family-violence orders, not ERPOs. The person may still be federally prohibited if the out-of-state order satisfies § 922(g)(8), though most out-of-state ERPOs do NOT, because they are not against an "intimate partner" or child. Out-of-state ERPOs do appear on NICS, and DPS may deny or revoke an LTC under § 411.172(a) on background-check grounds even if § 46.04 does not directly list the order. Do NOT tell clients moving to Texas with an active ERPO that "the order does not follow you" - federal prohibitions can follow, NICS will see it, and DPS LTC eligibility analysis is broader than § 46.04.

Practical guidance for instructors and licensees

1. If a student was apprehended under § 573.001 and released without going to court, ask whether a § 574.034 / § 574.035 order was ever entered. If no court order, no federal § 922(g)(4) prohibition has attached. Any firearm seized under § 573.001(h) is governed by Tex. Code Crim. Proc. art. 18.191 disposition.

2. If a student is served with a Magistrate's Order for Emergency Protection at arraignment, the § 46.04(c) prohibition starts at NOTICE - service in court - not at any later hearing. Counsel them to surrender promptly to a friend or family member who is not a household member of the protected party, or to a federally licensed dealer. Texas has no statutory surrender-timeline analog requiring delivery within a fixed period, so surrender practice is jurisdiction-by-jurisdiction. Do not allow the firearm to remain in a residence the protected party can access.

3. If a household member is at risk to themselves but has not committed family violence and is not committable under § 574.034, the available state-law tools may not reach the situation. The federal Bipartisan Safer Communities Act of 2022 funds state ERPO implementation but does NOT create federal authority to seek an ERPO. Outside § 573.001 and the protective-order routes, the options are voluntary surrender, voluntary commitment, and persuasion.

4. If a client was committed under Ch. 574 and wants to lawfully repossess firearms, the path is § 574.088. A successful order is reported to NICS through Texas's NIAA program; once reported, NICS will return a proceed.

5. If a client was convicted of a Class A misdemeanor family-violence assault under § 22.01(a)(1), § 46.04(b) imposes a five-year state bar and 18 U.S.C. § 922(g)(9) imposes a federal LIFETIME bar. The federal bar survives the state five-year bar; there is no Texas mechanism to lift § 922(g)(9).

6. Do NOT teach students that Texas "has" a red flag law, or that the protective-order or commitment pathways equal an ERPO. They are predicate-bound tools that produce ERPO-like consequences only when the predicates are met.

Texas Use of Force Laws

The bottom line

Texas allows the use of deadly force in self-defense under Tex. Penal Code § 9.32 when you reasonably believe deadly force is immediately necessary to protect against another's imminent use of unlawful deadly force, or to prevent imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. Texas removes the duty to retreat for any actor who has a right to be where they are and has not provoked the encounter (§ 9.32(c)/(d) Stand Your Ground). The Castle Doctrine presumption at § 9.32(b) is among the strongest in the country: when an intruder unlawfully and forcefully enters your occupied home, vehicle, or place of business, your belief that deadly force was reasonable is legally presumed.

For a License to Carry (LTC) holder, the practical rules are: (1) you may use proportionate non-deadly force under § 9.31 against another's unlawful force on the present occasion; (2) you may use deadly force under § 9.32 only against unlawful deadly force or one of the six enumerated forcible felonies; (3) you have no duty to retreat anywhere you have a right to be, you did not provoke, and you are not engaged in non-traffic criminal activity, and the trier of fact may not even consider whether you failed to retreat (§ 9.32(d)); (4) under § 9.42 you may use deadly force to defend tangible movable property in narrow nighttime-theft and fleeing-felon circumstances; (5) producing a firearm to create apprehension of deadly force is a "threat" under § 9.04, not a "use" of deadly force. Under Tex. Civ. Prac. & Rem. Code § 83.001, a defendant who used force justified under Penal Code Chapter 9 is immune from civil liability for personal injury or death of the perpetrator, and § 86.002 separately bars a felony or misdemeanor convict from recovering damages for injuries sustained during the offense. Justification under Chapter 9 is a defense to prosecution; once raised by the evidence, the State must disprove it beyond a reasonable doubt.

Key terms

• Deadly force. Force intended or known by the actor to cause, or in the manner of its use or intended use capable of causing, death or serious bodily injury.
• Reasonable belief. A belief that would be held by an ordinary and prudent person in the same circumstances as the actor. Texas applies an objective-plus-subjective standard: you must actually hold the belief, and a reasonable person in your situation must be able to hold it too.
• Habitation. A structure or vehicle adapted for the overnight accommodation of persons. The Castle Doctrine presumption keys off "occupied habitation, vehicle, or place of business or employment."
• Unlawful force. Force employed without consent that is a tort, criminal offense, or both. A peace officer effecting a lawful arrest is not using unlawful force; a stranger grabbing you on the sidewalk is.
• Threat versus use of deadly force (§ 9.04). A threat to cause death or serious bodily injury "by the production of a weapon or otherwise" does not constitute the use of deadly force when the actor's purpose is limited to creating apprehension that he will use deadly force if necessary. Drawing a holstered handgun to deter an attacker is a "threat" analyzed under the lower § 9.31 force standard, not the § 9.32 deadly-force standard.

Self-defense under § 9.31

The basic rule for non-deadly force

Section 9.31(a) authorizes the use of force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The threat must be immediately necessary (present, not anticipated and not concluded), it must be unlawful force, and your response is justified only to the degree reasonably believed immediately necessary. For non-deadly force you do not need to be threatened with death or serious injury - a shove, a punch, or an attempted grab can justify proportionate non-deadly force in response.

Section 9.31(a) also embeds a statutory presumption of reasonableness directly into the non-deadly force rule. The actor's belief that force was immediately necessary is presumed reasonable if the actor (1) knew or had reason to believe that the person against whom force was used either (A) unlawfully and with force entered, or attempted to enter, the actor's occupied habitation, vehicle, or place of business or employment, (B) unlawfully and with force removed, or attempted to remove, the actor from those places, or (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery; (2) did not provoke the person against whom force was used; and (3) was not otherwise engaged in criminal activity at the time, other than a Class C misdemeanor traffic violation. The mirror presumption for deadly force lives in § 9.32(b) below.

When § 9.31 force is NOT justified - § 9.31(b)

The use of force against another is not justified under § 9.31: (1) in response to verbal provocation alone; (2) to resist an arrest or search the actor knows is being made by a peace officer, even if unlawful, unless resistance is justified under § 9.31(c); (3) if the actor consented to the exact force used or attempted; (4) if the actor provoked the other's use or attempted use of unlawful force, unless the actor abandons the encounter or clearly communicates intent to do so reasonably believing he cannot safely abandon, and the other nevertheless continues or attempts to use unlawful force; or (5) if the actor sought an explanation from or discussion with the other person concerning their differences while carrying a weapon in violation of § 46.02 (unlawful carrying) or possessing or transporting a weapon in violation of § 46.05 (prohibited weapons).

The provocation rule of § 9.31(b)(4) is the Texas analog of "abandonment of the encounter": an actor who started the fight loses the justification unless he clearly withdraws and the other party persists in unlawful force anyway.

Resisting excessive police force - § 9.31(c) - and no duty to retreat - § 9.31(e), (f)

Section 9.31(c) is a narrow exception to the general rule against resisting arrest. Use of force to resist an arrest or search is justified if, before the actor offers any resistance, the peace officer uses or attempts to use greater force than necessary, and the actor reasonably believes the force is immediately necessary to protect against that excessive force. The officer's excessive force must precede any resistance.

Section 9.31(e) eliminates the duty to retreat for any actor who has a right to be present where the force is used, has not provoked the person against whom the force is used, and is not engaged in criminal activity at the time. Section 9.31(f) reinforces this: in determining whether such an actor reasonably believed the use of force was necessary, the trier of fact may not consider whether the actor failed to retreat. The mirror provisions for deadly force are § 9.32(c) and (d) below.

Deadly force in defense of person - § 9.32

The threshold

Section 9.32(a) sets the deadly-force threshold. A person is justified in using deadly force against another if (1) the actor would be justified in using force against the other under § 9.31, and (2) the actor reasonably believes the deadly force is immediately necessary either (A) to protect the actor against the other's use or attempted use of unlawful deadly force, or (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. The list in § 9.32(a)(2)(B) is exhaustive. You cannot use deadly force in response to a slap, a verbal threat without means, or an ordinary property crime. The underlying § 9.31 prerequisites still apply: an actor disqualified by provocation under § 9.31(b)(4) or carrying-while-arguing under § 9.31(b)(5) cannot escalate to § 9.32 deadly force.

The Castle Doctrine presumption - § 9.32(b)

Section 9.32(b) creates Texas's signature evidentiary presumption: the actor's belief that deadly force was immediately necessary under § 9.32(a)(2) is presumed reasonable if the actor (1) knew or had reason to believe that the person against whom deadly force was used (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment, (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from those places, or (C) was committing or attempting to commit an offense described by § 9.32(a)(2)(B) - the six enumerated felonies; (2) did not provoke the person against whom the force was used; and (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor traffic violation, at the time the force was used.

Three features make this presumption among the strongest in the country. First, it covers not just the home but the actor's occupied vehicle and place of business or employment - the Texas Castle Doctrine extends to your truck and your shop. Second, prong (b)(1)(B) covers the carjacking and forcible-removal scenario. Third, prong (b)(1)(C) extends the presumption to the six enumerated forcible felonies anywhere - robbery in a parking lot, sexual assault in a hallway - not just inside a dwelling. The presumption is rebuttable, but the State must produce evidence sufficient to support a jury finding that one of the three conditions failed.

Stand Your Ground - § 9.32(c) and (d)

Texas is a strong-form Stand Your Ground state. Section 9.32(c) provides that a person who (1) has a right to be present at the location where the deadly force is used, (2) has not provoked the person against whom the deadly force is used, and (3) is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force. Section 9.32(d) goes further: in determining whether such an actor reasonably believed deadly force was necessary, the trier of fact may not consider whether the actor failed to retreat. The retreat question is not merely removed as a duty; it is removed as evidence the jury or judge can weigh against the defender. "Right to be present" excludes trespassers; "not provoked" tracks the § 9.31(b)(4) provocation rule and its abandonment exception; "not engaged in criminal activity" excludes a person committing a misdemeanor or felony other than a traffic-only Class C at the moment of the use of deadly force.

Three scenarios

1. Home invasion at night. A stranger kicks in your front door. You shoot the intruder inside. The § 9.32(b)(1)(A) presumption applies: forced entry into your occupied habitation. Section 9.32(c) confirms no duty to retreat from your home.
2. Convenience-store robbery with a knife. A stranger displays a knife and demands the register. You lawfully had a right to be there. Section 9.32(a)(2)(B) authorizes deadly force to prevent imminent robbery. Section 9.32(b)(1)(C) layers on the presumption of reasonableness because robbery is one of the six enumerated felonies. Section 9.32(c)/(d) eliminates any duty to retreat.
3. Carjacking in a parking lot. An attacker yanks open your driver-side door and tries to pull you out. Section 9.32(b)(1)(B) applies - unlawful and forceful attempted removal from your vehicle. The presumption attaches; § 9.32(c) eliminates the duty to retreat; § 9.32(d) bars the jury from considering whether you could have driven away.

Defense of third persons - § 9.33

Section 9.33 authorizes force or deadly force to protect a third person under two cumulative conditions: (1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under § 9.31 or § 9.32 in using such force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person; and (2) the actor reasonably believes his intervention is immediately necessary to protect the third person.

Texas applies a reasonable-belief / subjective-perception standard: justification turns on the circumstances "as [you] reasonably believe them to be," not on facts you could not have known at the moment of intervention. A defender is justified even if the third person turns out to have been the initial aggressor, provided the defender's belief was reasonable. Because § 9.33 incorporates §§ 9.31 and 9.32 wholesale, the rescuing actor inherits the same retreat rule.

Defense of property - §§ 9.41 to 9.44

Texas authorizes deadly force in defense of tangible movable property in a defined set of circumstances. The framework runs across four sections.

Non-deadly force to protect property - § 9.41

Section 9.41(a) authorizes a person in lawful possession of land or tangible, movable property to use force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property. Section 9.41(b) extends the same justification to a person unlawfully dispossessed: you may use force to reenter the land or recover the property if you act immediately or in fresh pursuit and you reasonably believe either that the dispossessor had no claim of right, or that the dispossession was accomplished by force, threat, or fraud.

Deadly force to protect property - § 9.42

Section 9.42 is the provision most often cited as Texas's distinctive property-defense rule. Deadly force to protect land or tangible, movable property is justified only when all three of the following are true: (1) § 9.41 force would be justified; and (2) the actor reasonably believes deadly force is immediately necessary either (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime, or (B) to prevent the other, who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime, from escaping with the property; and (3) the actor reasonably believes that (A) the property cannot be protected or recovered by any other means, or (B) the use of non-deadly force to protect or recover the property would expose the actor or another to a substantial risk of death or serious bodily injury.

Three points are worth driving home. First, § 9.42 applies during the nighttime to theft and criminal mischief - daytime theft of a lawnmower from your driveway does not authorize deadly force under this section. Second, § 9.42 explicitly authorizes deadly force against a thief or burglar fleeing with the property immediately after the offense. Third, the no-reasonable-alternative element is real: a homeowner who can recover the property by calling police, following at a safe distance, or by other means cannot use deadly force just because the predicate offense is on the list. The "cannot otherwise be protected or recovered" prong gives the State its principal angle of attack.

Defense of a third person's property - § 9.43

Section 9.43 mirrors §§ 9.41 and 9.42 for the defense of someone else's property. Force or deadly force used to protect a third person's land or tangible, movable property is justified if, under the circumstances as the actor reasonably believes them to be, the actor would be justified under § 9.41 or § 9.42 in using such force to protect his own property, and at least one of the following is true: the actor reasonably believes the unlawful interference constitutes attempted or consummated theft or criminal mischief; the third person requested protection; the actor has a legal duty to protect the property; or the third person is the actor's spouse, parent, child, household member, or person under the actor's care.

Devices to protect property - § 9.44

Section 9.44 authorizes the use of mechanical or other devices (alarms, locks, fences, dye packs) to protect property under §§ 9.41 and 9.43, but only if (1) the device is not designed to cause, and is not known by the actor to create a substantial risk of causing, death or serious bodily injury; and (2) the use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs it. Spring guns and rigged firearms are categorically off the table.

Threats versus uses of force - § 9.04

Section 9.04 is short and important. The threat of force is justified whenever the use of force is justified under Chapter 9. And - critically for armed defenders - a threat to cause death or serious bodily injury "by the production of a weapon or otherwise," when the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force. Drawing a holstered handgun or otherwise producing a weapon to deter an unlawful aggressor is analyzed as a threat under the lower § 9.31 force standard, not as a use of deadly force under § 9.32. If a shot is actually fired, the analysis migrates to § 9.32.

Two caveats. First, § 9.04 protects only the purpose-limited display: a display made to terrorize, harass, or retaliate after the encounter has ended is not protected. Second, the underlying § 9.31 force conditions still must be satisfied. Drawing a pistol to "win" a verbal argument is not protected; § 9.31(b)(1) bars use of force in response to verbal provocation alone, and § 9.04 does not unlock force that § 9.31 would not have authorized in the first place.

Civil immunity - Tex. Civ. Prac. & Rem. Code § 83.001 and § 86.002

Texas backs its criminal-justification framework with two civil-side protections.

Section 83.001 (civil immunity). Tex. Civ. Prac. & Rem. Code § 83.001 provides that a defendant who uses force or deadly force that is justified under Chapter 9 of the Penal Code is immune from civil liability for personal injury or death resulting from the defendant's use of force. The trigger is the same Chapter 9 justification analysis used in the criminal case: prove the criminal-law justification and the civil suit fails. The statute does not protect against suits by uninvolved third parties (a bystander struck by an errant round) and does not immunize uses of force that exceed what Chapter 9 justifies.

Section 86.002 (recovery barred for injuries during a felony or misdemeanor). Tex. Civ. Prac. & Rem. Code § 86.002(a) separately bars recovery: a claimant convicted of a felony or misdemeanor may not recover damages for an injury sustained during the commission of the offense if the injury would not have been sustained but for the commission of the offense. Section 86.002(b) preserves recovery only where the damages arose from an act entirely separate from any act intended to prevent the offense or apprehend the claimant during or immediately after it. For the LTC holder, § 86.002 is a backstop to § 83.001: a conviction for the underlying offense will, in most fact patterns, bar recovery because the injury would not have been sustained "but for" the perpetrator's own crime.

Practical guidance for LTC holders

• Articulate the threat in § 9.32 language. Texas prosecutors evaluate deadly-force cases against the § 9.32(a)(2) categories: unlawful deadly force, or imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. Train yourself to evaluate threats in those categories, not in vague terms like "I felt threatened."
• The § 9.32(b) presumption is rebuttable, not bulletproof. The Castle Doctrine presumption attaches only if you did not provoke and were not engaged in disqualifying criminal activity. Pulling a firearm during an argument you started, or carrying in violation of § 46.02 or § 46.05, can take the presumption away.
• Stand Your Ground does not change the threat threshold. Section 9.32(c) and (d) eliminate the duty to retreat and bar the trier of fact from considering whether you failed to retreat. They do not lower the § 9.32(a)(2) deadly-force threshold.
• Property is not a person - except in narrow cases. Section 9.42 authorizes deadly force in defense of tangible movable property only against the listed predicate offenses, and only when no reasonable non-deadly alternative exists. Daylight property crimes, ordinary trespass, and post-incident retaliation do not qualify.
• § 9.04 is your friend, but purpose-limited. Drawing or producing a weapon is a "threat" rather than a "use" of deadly force only when your purpose is limited to creating apprehension that you will use deadly force if necessary. Drawing to intimidate during a verbal argument is not protected.
• Document the immediate aftermath. Justification under Chapter 9 is a defense to prosecution. Cooperate with police as instructed by counsel and do not give a long narrative statement before speaking with a lawyer. The same analysis that wins the criminal case wins the § 83.001 civil immunity.

Statutory references

• Tex. Penal Code § 9.04. Threats as justifiable force; purpose-limited weapon production is not a use of deadly force.
• Tex. Penal Code § 9.31. Self-defense; § 9.31(a) non-deadly force plus presumption of reasonableness; § 9.31(b) disqualifications; § 9.31(c) resistance to excessive police force; § 9.31(e)/(f) no duty to retreat and trier of fact may not consider failure to retreat.
• Tex. Penal Code § 9.32. Deadly force in defense of person; § 9.32(a) threshold (unlawful deadly force or one of six enumerated felonies); § 9.32(b) Castle Doctrine presumption for occupied habitation, vehicle, or place of business or employment; § 9.32(c) no duty to retreat; § 9.32(d) trier of fact may not consider failure to retreat.
• Tex. Penal Code § 9.33. Defense of third persons.
• Tex. Penal Code § 9.41. Protection of one's own property - non-deadly force.
• Tex. Penal Code § 9.42. Deadly force to protect property - narrow nighttime-theft, fleeing-felon, and no-reasonable-alternative elements.
• Tex. Penal Code § 9.43. Protection of third person's property.
• Tex. Penal Code § 9.44. Use of a non-lethal device to protect property.
• Tex. Civ. Prac. & Rem. Code § 83.001. Civil immunity for force justified under Chapter 9.
• Tex. Civ. Prac. & Rem. Code § 86.002. Recovery barred for injuries sustained by a convicted claimant during commission of the offense.

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Federal context

N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) and United States v. Rahimi (2024). Bruen, 597 U.S. 1 (2022), established the historical-tradition test for Second Amendment claims. Rahimi, 602 U.S. ___ (2024), then applied Bruen to uphold the federal domestic-violence-restraining-order firearm prohibition at 18 U.S.C. § 922(g)(8), confirming that not every firearm disability fails Bruen's test. Practitioners advising on use of force or firearm-disability questions should be familiar with both cases.

Texas Concealed Carry Resources

This directory catalogs Texas-specific resources for LTC holders, instructors, and carriers: state agencies, advocacy organizations, statute lookups, instructor certification, and reciprocity tools. Texas is a constitutional-carry state for qualifying adults 21 and older, but the License to Carry (LTC) program continues to operate through the Texas Department of Public Safety, and most operationally important guidance for instructors and license holders flows through DPS, the Office of the Attorney General, and the Texas Commission on Law Enforcement (TCOLE). Verify links, fees, and turnaround times against the issuing authority before each class cycle; Texas LTC fees, instructor-certification cycles, and reciprocity arrangements all change between legislative sessions.

Texas Department of Public Safety (DPS)

DPS is the state issuing authority for the Texas License to Carry under Subchapter H, Chapter 411 of the Government Code. DPS administers the application portal, processes fingerprints through IdentoGO, manages the qualified-handgun-instructor (QHI) program, and publishes the official school-safety and reciprocity guidance.

• DPS Handgun Licensing Service (https://www.dps.texas.gov/section/handgun-licensing). The top-level page for everything LTC: original applications, renewals, instructor certification, school-safety certificates, and current fee schedules. Bookmark this page; it is the authoritative source when statute, third-party sites, and DPS guidance disagree.
• DPS LTC Online Application Portal. Linked from the Handgun Licensing page. New applicants and renewals submit through the portal; the system also produces the IdentoGO fingerprint reservation code that students need before they can complete fingerprinting.
• DPS Regulatory Services Division (RSD). RSD is the parent division for handgun licensing. The RSD contact line for LTC questions is the number published on the Handgun Licensing page; DPS will not interpret statute or assess individual eligibility, but RSD can clarify program procedure (what counts as a qualified ID, how to update an address, how to add a name change to an existing LTC).
• DPS Headquarters address. 5805 N. Lamar Blvd., Austin, TX 78752. LTC correspondence is generally directed to the Regulatory Services Division at this address; the Handgun Licensing page lists the current correspondence address for application supplements (military exemptions, name change documentation, expunction orders) and should be consulted before mailing any document.
• IdentoGO Texas (DPS fingerprint vendor) (https://www.identogo.com/locations/texas). DPS contracts fingerprinting to IdentoGO. Applicants schedule a fingerprint appointment after starting the LTC application; the fee is paid to IdentoGO at the appointment. There is no walk-in fingerprinting through DPS itself for LTC applicants.

DPS also administers the License to Carry School Safety Program, which produces a separate certificate authorizing certain LTC holders to carry on K-12 campuses where the school district has authorized them as a "school safety officer" or under the Guardian Plan; the school-safety course is in addition to the standard LTC training.

Texas Commission on Law Enforcement (TCOLE)

TCOLE is the state agency that licenses and oversees peace officers and certain non-LTC firearms instructors (including the Level III/IV armed-guard curriculum administered through the Department of Public Safety Private Security Bureau). TCOLE does not run the LTC program, but instructors who teach both LTC and non-LTC firearms curricula often hold TCOLE credentials in addition to the DPS Qualified Handgun Instructor certification.

• Texas Commission on Law Enforcement (https://www.tcole.texas.gov/). Top-level page. Includes the licensing portal for peace officers and a public-records search to verify an instructor's TCOLE status.

For LTC instruction specifically, the controlling certification is the DPS Qualified Handgun Instructor (QHI) license under Tex. Gov't Code Section 411.190, not a TCOLE certification. A QHI is the only person authorized to certify completion of the LTC training course.

Texas Statutes and Legislative Resources

Texas publishes its statutes, session laws, and pending bills through the Texas Legislature Online portal. The official statute portal is statutes.capitol.texas.gov; capitol.texas.gov is the broader legislative-tracking site. Both are operated by the Texas Legislative Council.

• Texas Constitution and Statutes (https://statutes.capitol.texas.gov/). The official online statute portal. Searchable by code (Penal, Government, Civil Practice and Remedies, Education, Alcoholic Beverage, Family, Health and Safety, Local Government) and by section number. This is the controlling source when a third-party citation conflicts with the codified text.
• Texas Legislature Online (capitol.texas.gov) (https://capitol.texas.gov/). The bill-tracking portal. Search current and historical bills, monitor committee hearings, and pull the full session-by-session amendment history for a statute. Useful when answering "when did this rule change" - for example, when HB 1927 (87R) made constitutional carry effective on September 1, 2021.
• Texas Register (https://www.sos.state.tx.us/texreg/). The Texas Secretary of State publishes the Texas Register, where new and proposed agency rules first appear. DPS rules implementing the LTC program (37 Tex. Admin. Code Chapter 6) are first published in the Register before being codified in the Texas Administrative Code.
• Texas Administrative Code (https://texreg.sos.state.tx.us/public/readtac$ext.viewtac). The codified administrative rules, organized by agency. DPS Handgun Licensing rules live at Title 37, Part 1, Chapter 6.

Key Texas Firearms Statutes to Bookmark

Texas Office of the Attorney General

The Texas Attorney General (OAG) does not issue LTCs but plays three roles directly relevant to instructors and license holders. First, OAG opinions interpret unclear firearms statutes and are persuasive (not binding) on courts; agency lawyers generally follow them until superseded. Second, the OAG enforces preemption against local governments under Tex. Loc. Gov't Code Section 229.001 and against state agencies under Tex. Gov't Code Section 411.209. Third, the OAG publishes the official Texas reciprocity list and the proclamations that establish unilateral recognition for nonresident permits.

• Texas Attorney General (https://www.texasattorneygeneral.gov/). Top-level OAG page. Includes the opinions database, the consumer-protection complaint portal, and the firearms-policy pages.
• Texas Attorney General, Open Government (https://www.texasattorneygeneral.gov/open-government). The open-government division handles preemption complaints against local political subdivisions under Section 229.001 (firearms ordinances) and Section 411.209 (wrongful posting of 30.06/30.07 signs by governmental entities). Either statute creates a complaint right with civil-penalty exposure to the offending entity.
• OAG Opinions (https://www.texasattorneygeneral.gov/opinions). Searchable database of formal Attorney General opinions. Several opinions interpret 30.06/30.07/30.05 sign requirements, the campus-carry exclusions in Section 411.2031, and the interaction between LTC carve-outs and local hospital or court-facility postings.
• Texas Reciprocity List. Linked from the OAG firearms pages and from the DPS Handgun Licensing page. The OAG list is the controlling Texas source for which states' permits are valid in Texas (recognition) and which states honor a Texas LTC (honor); proclamations are issued under Tex. Gov't Code Section 411.173. Treat third-party reciprocity maps as a starting point only and verify against this page before traveling.

Federal Resources

Texas LTC holders and instructors operate within both state and federal firearms law. The federal layer governs interstate transport (18 U.S.C. Section 926A), federally-prohibited persons (18 U.S.C. Section 922(g)), federally-restricted locations (18 U.S.C. Section 930), and the National Firearms Act registry (26 U.S.C. Chapter 53).

• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) (https://www.atf.gov/). Federal regulator for FFL licensees, NFA registration, and ITAR-adjacent matters. Publishes the State Laws and Published Ordinances guide, which includes the Texas chapter.
• ATF Firearms Forms (https://www.atf.gov/firearms/firearms-forms). Form 4473 (purchase background check), Form 4 (NFA transfer), Form 1 (NFA make), and Form 5320.20 (interstate transport of NFA items, required before crossing a state line with an NFA firearm).
• National Instant Criminal Background Check System (NICS) (https://www.fbi.gov/services/cjis/nics). Texas LTC holders are exempt from a separate NICS check at the point of purchase under 18 U.S.C. Section 922(t)(3) and the corresponding ATF acknowledgment of the Texas LTC as a qualifying alternative permit; the dealer still completes Form 4473 and verifies the LTC.
• U.S. Department of Justice (https://www.justice.gov/). Federal firearm prosecutions in Texas go through the four U.S. Attorney's Offices (Northern, Southern, Eastern, Western Districts of Texas).
• U.S. Courts (PACER) (https://www.pacer.gov/). Federal district-court case lookup for the four Districts of Texas.
• 18 U.S.C. Section 922 (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922). The federal prohibited-persons statute. A federally-prohibited person is also disqualified from a Texas LTC under Tex. Gov't Code Section 411.172.

Reciprocity and Travel Resources

Texas publishes its reciprocity list through the OAG and DPS jointly; the OAG list is the authoritative state source. Under Tex. Gov't Code Section 411.173, the governor may issue proclamations recognizing other states' permits, and the OAG publishes the resulting list.

• Handgunlaw.us, Texas page (https://handgunlaw.us/states/texas.pdf). Widely-used third-party reciprocity reference. The handgunlaw.us PDF is generally accurate and is updated quickly after a new bilateral agreement is announced, but it is not authoritative; the OAG list controls.
• USCCA Reciprocity Map (https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/). Useful for visualizing reciprocity at a glance. Verify against the OAG list before traveling.
• Florida nonresident concealed-weapon license (https://www.fdacs.gov/Consumer-Resources/Concealed-Weapon-License). Some Texas residents obtain a Florida nonresident permit because Florida's reciprocity footprint differs slightly from Texas's; useful for instructors working with multi-state students.
• Utah nonresident concealed-firearm permit (https://bci.utah.gov/concealed-firearm/). Another widely-recognized nonresident permit. A Texas resident does not need a Utah permit to carry in Texas, but some carriers stack nonresident permits to extend reciprocity.

Advocacy Organizations and Industry Resources

These organizations are not government sources, and their guidance is not authoritative on Texas law. They are useful for tracking pending legislation through the biennial session, mobilizing on rule changes, and accessing legal-defense resources.

• Texas State Rifle Association (TSRA) (https://tsra.com/). The primary state-level advocacy organization. TSRA lobbies in Austin during the biennial session, runs a youth-shooting program, and publishes an alert system for pending firearms bills. TSRA is the affiliate organization NRA-ILA partners with on Texas-specific advocacy.
• NRA-ILA Texas (https://www.nraila.org/states/texas/). Tracks pending firearms legislation and publishes alerts during legislative sessions and special sessions.
• NRA Political Victory Fund, Texas (https://www.nrapvf.org/texas/). Tracks endorsements and grades for state-level offices.
• Gun Owners of America, Texas (https://www.gunowners.org/). National gun-rights organization with active Texas engagement; generally to the right of NRA-ILA on legislative priorities.
• Texas Gun Rights (https://www.texasgunrights.com/). Texas-specific affiliate aligned with the no-compromise wing of the gun-rights movement; publishes a legislative scorecard and ballot guide each cycle.
• Open Carry Texas (https://opencarrytexas.org/). Texas-specific advocacy organization that played a role in the lead-up to constitutional carry; continues to publish guidance on permitless-carry edge cases.
• U.S. Concealed Carry Association (USCCA) (https://www.usconcealedcarry.com/). Publishes training materials, the reciprocity map, and self-defense liability insurance.
• National Shooting Sports Foundation (NSSF) (https://www.nssf.org/). Trade association for the firearms industry, headquartered out of state but with significant Texas member presence. Publishes the Don't Lie for the Other Guy straw-purchase prevention campaign that Texas dealers participate in.
• Second Amendment Foundation (SAF) (https://www.saf.org/). National litigation organization. SAF has been the lead plaintiff or co-plaintiff on multiple post-Bruen Texas-relevant federal cases.
• Firearms Policy Coalition (FPC) (https://www.firearmspolicy.org/). National litigation and advocacy organization, with active Texas litigation.

Practical Tools for Instructors and License Holders

• DPS Qualified Handgun Instructor (QHI) Portal. Linked from the DPS Handgun Licensing page. Active QHIs use the portal to upload class rosters, generate student LTC-100 certificates, and renew the QHI license on its biennial cycle. Only a current QHI may certify LTC training under Tex. Gov't Code Section 411.190.
• DPS LTC-100 form. The student certificate-of-completion form a QHI issues at the end of an LTC course. The applicant uploads the LTC-100 to the DPS application portal as part of the application packet.
• DPS Handgun Proficiency Course. The required range component for an LTC. The qualification course of fire is set by DPS rule under 37 Tex. Admin. Code Chapter 6 and runs at 3, 7, and 15 yards with a B-27 or similar silhouette target.
• 30.06 / 30.07 / 30.05 sign reference. Tex. Penal Code Section 30.06 covers concealed-carry trespass notice for license holders; Section 30.07 covers open-carry trespass notice for license holders; Section 30.05 covers general criminal trespass (the controlling statute under permitless carry for non-LTC carriers). Each statute prescribes specific sign content, font size, and language; signs that do not meet the statutory specification do not give legal notice.
• DPS Address Change portal. Linked from the Handgun Licensing page. License holders are required to notify DPS of an address change; the portal handles the update without requiring a new card unless the holder requests one.
• Texas LTC Reinstatement / Reissuance. Linked from the Handgun Licensing page. A license that expired more than one year ago generally requires a new application; a license suspended for failure to update information may be reinstated through a separate process described on the page.

Records, Background Checks, and Related State Services

• Texas DPS Crime Records Service (https://www.dps.texas.gov/section/crime-records). The state criminal-history record-check service. A student who is uncertain whether a prior arrest disqualifies them from LTC eligibility under Tex. Gov't Code Section 411.172 should pull their own record before paying the application fee. The federal NICS layer adds offenses (such as misdemeanor crimes of domestic violence under 18 U.S.C. Section 922(g)(9)) that may disqualify even when the state record looks clean.
• Texas Department of State Health Services, Vital Statistics (https://www.dshs.texas.gov/vital-statistics). Source for certified copies of Texas-issued vital records (marriage, divorce, name change orders). LTC applications occasionally require a certified court order documenting a name change.
• Texas Judicial Branch, Case Search (https://www.txcourts.gov/). Top-level Texas court system page. Most counties run their own searchable docket portals; the txcourts.gov page links out to district-court and county-court systems where a student needs to confirm whether an old case was dismissed, expunged, or still open.
• Texas Board of Pardons and Paroles (https://www.tdcj.texas.gov/bpp/). The state board that processes pardon applications. A full pardon is one path to restoring firearm rights after a disqualifying Texas conviction; the process is multi-year and discretionary, and federal disabilities under 18 U.S.C. Section 922(g) do not automatically lift with a state pardon. Refer students to a private attorney before they begin.
• Texas DSHS Mental Health Records. Disqualification under Tex. Gov't Code Section 411.172(a) for a prior involuntary mental-health commitment is determined by DPS at the application stage; students with any prior commitment, court-ordered outpatient treatment, or NGRI finding should consult counsel before applying.

How to Verify a Texas Source Before Class

A practical workflow for instructors:

1. Open the DPS Handgun Licensing page and the OAG reciprocity list at the start of every quarter, and confirm the application fee, renewal fee, current turnaround, and reciprocity additions or removals.
2. Re-pull the LTC-100 certificate template and any DPS-published student handouts; DPS occasionally revises the certificate format and outdated forms get rejected.
3. Pull current statute text from statutes.capitol.texas.gov when teaching any specific Penal Code Chapter 46 or Government Code Subchapter H section; a screenshot from a third-party site is not a substitute.
4. Cross-check reciprocity claims against the OAG list, not against handgunlaw.us or USCCA maps.
5. When a question depends on DPS procedure (fingerprinting, application supplements, name changes, instructor renewal), check the DPS Handgun Licensing page directly.
6. When a question depends on local enforcement (campus-carry posting, hospital signage, county-courthouse rules), consult both Tex. Gov't Code Section 411.209 (for governmental entities) and the OAG Open Government page; a posting that violates Section 411.209 does not give legal notice and creates a complaint right.

When sources conflict, DPS controls for licensing program administration, the statute (followed by case law) controls for the underlying legal question, and the OAG controls for reciprocity and preemption enforcement.

Texas Concealed Carry FAQ

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.

Constitutional Carry and Permits

Q: Is Texas a constitutional carry state?

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).

Q: Do I still need an LTC if Texas allows permitless carry?

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.

Q: How old do I have to be to carry in Texas?

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.

Q: Where do I apply for a Texas LTC?

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.

Q: What does the LTC cost?

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.

Q: How long does it take to get a Texas LTC?

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.

Q: Do I need to take a class for permitless carry?

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.

Where You Can and Cannot Carry

Q: Can I open carry in Texas?

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.

Q: Where am I prohibited from carrying?

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.

Q: Can I carry in a restaurant that serves alcohol?

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.

Q: Can I carry in church or a school?

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.

Q: Can I carry in my car without an LTC?

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.

Q: What about long guns in my vehicle?

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.

Stops, Self-Defense, and Conduct

Q: Do I have to tell the police I'm armed during a traffic stop?

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.

Q: When am I justified in using force in self-defense?

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.

Q: What's the difference between Castle Doctrine and Stand Your Ground?

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.

Q: Can I drink alcohol while carrying?

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.

Restrictions and Reciprocity

Q: How does Texas reciprocity work?

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.

Q: Can I carry NFA items (SBR, suppressor) in Texas?

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.

Q: What's the magazine capacity limit in Texas?

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.

Q: Does Texas have a red flag law?

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.

Q: Can a city or county pass its own gun law?

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.

Q: What happens if my LTC application is denied?

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.

Q: Where do I find the official Texas firearm law in writing?

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.

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Federal context

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.

Other Texas Firearm Laws Worth Knowing

Texas firearm law has several topics that don't fit neatly into the canonical sections. This catalog covers magazine capacity (no limit), body armor restrictions, knives, the Texas Suppressor Freedom Act, antique firearms, hog hunting from aircraft, lost-and-stolen reporting (no mandate), and estate inheritance. Each topic gives the bottom-line answer first, then the statute, then the nuance.

Magazine Capacity: No State Limit

Texas does not impose any magazine capacity limit. Standard-capacity and high-capacity magazines are lawful to own, possess, transport, and use anywhere in the state. Chapter 46 of the Penal Code contains no capacity-based restriction, and the term "magazine" appears in Chapter 46 only in incidental, definitional contexts. Tex. Penal Code § 46.05 (Prohibited Weapons) lists machine guns, short-barrel firearms, explosive weapons, armor-piercing ammunition, chemical dispensing devices, zip guns, tire deflation devices, and improvised explosive devices, but contains no magazine-capacity item. (Suppressors are NOT listed in § 46.05; they are governed solely by federal NFA registration in Texas - see NFA_ITEMS.)

This matters operationally because several states impose hard capacity caps (California, New York, New Jersey, Colorado, Washington, and others). A Texas LTC holder who travels with a 17-round factory Glock 17 magazine, a 30-round AR-pattern magazine, or a 33-round PMAG is lawful in Texas without qualification. Cross a state line into a capacity-limit jurisdiction and the federal Firearm Owners Protection Act safe-harbor at 18 U.S.C. § 926A may protect transport (unloaded, locked, separate from ammunition, in a vehicle making an otherwise-lawful trip), but it does not protect possession at the destination. Texas's preemption statute (Tex. Gov't Code § 411.209 and Tex. Local Gov't Code § 229.001) further blocks any city, county, or special-purpose district from adopting a magazine-capacity ordinance, so there is no Texas jurisdiction in which a different rule applies.

For instructors: when a student asks "how big a magazine can I carry in Texas," the answer is whatever fits and whatever the firearm will accept. There is no ceiling.

Body Armor

Body armor is generally lawful for civilian purchase, possession, and use in Texas. There is no Texas LTC or registration requirement to own body armor, and no general state-law prohibition on wearing it in public.

The narrow exception is at Tex. Penal Code § 46.041, which makes it a third-degree felony for a person convicted of a felony to possess metal or body armor after the conviction. Subsection (b) defines the prohibited item as "any body armor, made of metal or other material, that is designed to prevent or to lessen the chance of penetration by a bullet, knife, or other similar piercing instrument." A "felony" for purposes of § 46.041 includes a conviction in any state or federal court for which Texas would also classify the offense as a felony, and an order of deferred adjudication that has not been set aside.

The federal layer is parallel. Under 18 U.S.C. § 931, a person convicted of a federal or state "crime of violence" felony is barred from purchasing, owning, or possessing body armor, with a narrow employment-related affirmative defense. The Texas § 46.041 prohibition is broader on the prior-conviction side (any felony, not only crimes of violence), so a felon in Texas can be charged under state law in circumstances where the federal § 931 charge would not apply.

For non-prohibited civilians, soft Level IIIA carriers and Level III/IV rifle plates are lawful to buy, own, wear, and store. Use of body armor in the commission of an offense is a sentencing-enhancement issue, not a separate possession offense, and falls under generally applicable Texas sentencing rules.

Knives After HB 1935 and HB 446

Texas knife law was substantially deregulated in two recent sessions. Before September 1, 2017, switchblade and gravity-knife possession was a separate Penal Code offense. HB 1935 (85th Legislature, Regular Session, 2017) repealed those provisions and rewrote Tex. Penal Code § 46.01 to introduce the term "location-restricted knife": a knife with a blade more than five and one-half inches.

Under current § 46.02(a-1) and § 46.03(a)(6), a person may carry a knife of any kind on their own premises. Carrying a "location-restricted knife" is prohibited at certain places: schools and educational institutions, polling places on election day, government courts and offices used by courts, racetracks, secured airport areas, places of religious worship (with the same posted-notice rules that apply to firearms), executions, government meetings, civilian commitment facilities, hospitals, nursing homes, amusement parks, and bars.

HB 446 (86th Legislature, Regular Session, 2019) repealed Texas's longstanding knuckles ban. Brass knuckles and similar self-defense knuckle devices became legal to manufacture, sell, possess, and carry on September 1, 2019. The "knuckles" item was struck from Tex. Penal Code § 46.05.

Practical takeaways for a Texas LTC class: a pocket knife with a blade of five and one-half inches or less is lawful to carry virtually anywhere a person can lawfully be. A bowie, machete, or fixed-blade hunting knife with a blade longer than five and one-half inches is lawful in most settings but triggers the location-restricted carve-outs above. Switchblades, automatics, OTF knives, and traditional knuckles are no longer separate Penal Code violations.

Hog Hunting from Helicopters and Aircraft

Texas authorizes the use of helicopters and other aircraft for the management of feral hogs and other depredating animals through a state permit framework that has no parallel in most other states.

The statutory base is Tex. Parks & Wild. Code § 43.109 (the "Aerial Wildlife Management Permit," or AWM permit), which authorizes Texas Parks and Wildlife to issue permits for the management of wildlife or exotic species by means of aircraft to control depredating animals (including feral hogs and coyotes), to count and survey populations, and to capture animals. Section 43.108 supports the AWM-related Landowner Authorization (LOA) framework. The permit is held by the operator (the pilot/aviation company); a participating gunner ("hunter") signs an LOA, completes Texas-mandated training, and pays the operator for the experience. AWM operators may charge gunners.

The hunt is not "hog hunting" in the recreational sense. It is depredation control conducted under a state-issued permit, on private land with a written LOA from the landowner, with mandatory hunter training, with no general bag limits on feral hogs, and frequently with semi-automatic rifles fed from standard- or extended-capacity magazines. Federal aviation, ITAR, and machine-gun rules continue to apply to the aircraft and to any NFA items used in the operation. State law sits on top of those federal requirements; the AWM permit does not waive any federal aviation rule, NFA registration requirement, or 26 U.S.C. § 5841 obligation.

For an instructor: this is one of a handful of state-specific frameworks that students hear about in advertising and ask about in class. The accurate answer is that AWM is a real Texas permit, that the experience runs through a TPWD-licensed operator, and that the federal NFA, FAA, and 18 U.S.C. § 922(g) rules continue to apply throughout.

Pistol Braces and the Federal ATF Rule

Texas has no state-law rule on pistol braces. The state Penal Code's "short-barrel firearm" definition at § 46.01(10) tracks the federal NFA definition by cross-reference to 26 U.S.C. § 5845, which means whatever the federal rule says about braced pistols controls in Texas.

The federal status is currently disputed. ATF Final Rule 2021R-08F, "Factoring Criteria for Firearms with Attached 'Stabilizing Braces,'" 88 Fed. Reg. 6478 (Jan. 31, 2023), declared that most braced pistols meet the NFA definition of a short-barreled rifle, requiring registration and a $200 making tax. The Fifth Circuit vacated the rule's application to plaintiffs in Mock v. Garland, 75 F.4th 563 (5th Cir. 2023), and the Northern District of Texas vacated the rule on Administrative Procedure Act grounds in Britto v. ATF, No. 2:23-cv-00019-Z (N.D. Tex. 2024). The legal posture continues to evolve through appeals.

For Texas residents, the practical guidance is conservative: Texas has no state-level pistol-brace rule, but the federal rule and the federal litigation control. An owner of a braced pistol should track the current status of the rule, the scope of any nationwide injunction, and the ATF amnesty registration window before relying on a particular configuration. A Texas LTC class is not the place to give definitive federal-rule advice; it is the place to flag that the rule is federal, that it is disputed, and that the student needs current counsel before building or modifying.

Texas Suppressor Freedom Act (HB 957, 2021)

In 2021, Texas enacted HB 957 (87th Legislature, Regular Session), the "Texas Suppressor Freedom Act," now codified in part at Tex. Gov't Code § 2.052. The Act declares that a firearm suppressor manufactured in Texas and that remains in Texas is not subject to federal law or federal regulation under the Commerce Clause, and provides that Texas state agencies and local law enforcement may not enforce a federal regulation, statute, or rule that does not exist under Texas law concerning a firearm suppressor manufactured and remaining in Texas.

The federal position is contrary. The National Firearms Act (26 U.S.C. ch. 53) and ATF regulations (27 C.F.R. § 479.11) continue to define a "firearm" to include a silencer/suppressor without any in-state-manufacture exception, and ATF has consistently taken the position that NFA registration, the $200 making tax (Form 1) or transfer tax (Form 4), and federal background checks apply to all suppressors manufactured or transferred in the United States, including those built and kept entirely within Texas. The federal courts have not adopted the in-state-manufacture exemption theory in any binding decision protecting Texas residents from NFA prosecution.

The legal exposure is real. A Texas resident who builds an unregistered suppressor in reliance on HB 957 can face federal prosecution under 26 U.S.C. § 5861 (possession of an unregistered NFA firearm) carrying up to ten years and $250,000, with a parallel forfeiture under 26 U.S.C. § 5872. State sovereignty and Tenth Amendment defenses raised in similar Kansas (Kettler) and Missouri prosecutions have not succeeded. For instructors, the only safe answer is to advise students that the federal NFA process (Form 1 or Form 4, fingerprints, photographs, $200 tax, ATF approval, tax stamp) is the route to lawful suppressor possession in Texas, regardless of HB 957's text.

School Parking Lots and the LTC Vehicle Carve-Out

Tex. Penal Code § 46.03 generally makes it a third-degree felony to intentionally, knowingly, or recklessly possess a firearm on the physical premises of a school or educational institution, on any school transportation vehicle, on a passenger transportation vehicle of a school, or at any school-sponsored activity. The "premises" definition at § 46.03(c)(1) cross-references § 46.035(f)(3): "a building or a portion of a building." Critically, "premises" does not include a parking lot, parking garage, or other parking area.

The practical effect is that an LTC holder, or any 21-or-older constitutional carrier, may lawfully store a handgun in a locked vehicle in a public-school parking lot during school drop-off, pickup, athletic events, and similar activities, provided the firearm stays inside the vehicle and the carrier does not enter the school building. The same parking-area carve-out runs through the other "premises" prohibitions in § 46.03 (polling places on election day, courts, racetracks, etc.).

The carve-out is narrow. Walking the firearm into the building, into a school-sponsored activity, or onto a school bus is the felony. The lawful conduct is: handgun stays in the vehicle, vehicle is locked when the carrier walks away, carrier does not transit through any "premises" while armed.

Antique Firearms

Antique firearms occupy a separate space under federal law that flows through into Texas practice. Under 18 U.S.C. § 921(a)(16), an "antique firearm" is any firearm manufactured in or before 1898, or any replica of such a firearm not designed to use rimfire or conventional centerfire fixed ammunition, or a muzzleloading rifle, shotgun, or pistol designed to use black powder or a black-powder substitute and not capable of using fixed ammunition. Antique firearms are excluded from the federal definition of "firearm" at 27 C.F.R. § 478.11, which means they are not subject to FFL transfer requirements, Form 4473, or NICS background checks at retail.

Texas law follows the federal carve-out closely. Tex. Penal Code § 46.01(3) defines "firearm" to exclude an antique or curio firearm manufactured before 1899 and any replica of such a firearm if the replica does not use rim fire or center fire ammunition, or that uses ammunition no longer manufactured in the United States and not readily available in commercial trade. The result: a pre-1899 cap-and-ball revolver, a flintlock long rifle, or a similar antique is generally outside Texas's Chapter 46 apparatus. UCW does not run on a black-powder revolver; the felon-in-possession rule at § 46.04 may still reach an antique under federal law (which has its own treatment), so a Texas resident with a felony conviction should not assume the antique carve-out resolves their disability.

For estate, gift, and private-sale purposes, antiques can be transferred without an FFL or background check. Common-sense limits apply: do not assume an antique reproduction with modern centerfire chambering is in the carve-out.

Lost or Stolen Firearm Reporting

Texas does not impose a statutory duty to report a lost or stolen firearm to law enforcement. There is no Penal Code or Government Code provision that makes failure to report a missing firearm a separate offense. Local police departments uniformly accept lost-and-stolen reports and recommend filing them, but the recommendation is operational, not statutory.

The practical reasons to file anyway are substantial. A timely lost-and-stolen report (with serial number, make, model, and date) creates the record that protects the original owner if the firearm is later recovered at a crime scene or used in an offense. NCIC entry by the receiving agency creates a national hit at any future law-enforcement contact. The report is also evidence of due diligence in any later civil claim or insurance recovery.

The 2022 federal Bipartisan Safer Communities Act expanded the federal straw-purchase statute (now 18 U.S.C. § 932) but did not create a federal lost-or-stolen reporting mandate for private owners. The FFL-side reporting obligation under 18 U.S.C. § 923(g)(6) (dealers must report theft within 48 hours) is unchanged and applies only to FFLs, not private owners.

Instructor takeaway: there is no Texas state mandate to report. There are good reasons to do it anyway, and a student's choice to file or not is not a state-law violation either way.

Estate Inheritance and NFA Items

Inheriting a non-NFA firearm in Texas involves no special state-law process. The personal representative of the estate distributes the firearm to the named beneficiary or to the heir under intestate succession (Tex. Estates Code), and the receiving heir must be eligible to possess under 18 U.S.C. § 922(g) and Tex. Penal Code § 46.04. There is no Texas-specific transfer paperwork, no FFL requirement, and no background check between estate and beneficiary.

NFA items (suppressors, short-barreled rifles, short-barreled shotguns, machine guns, AOWs, destructive devices) are governed by federal law. The transfer mechanism on death is ATF Form 5, "Application for Tax-Exempt Transfer and Registration of Firearm" (per 27 C.F.R. § 479.90 and ATF guidance). Form 5 transfers an NFA item from the estate of a deceased registered owner to a lawful heir tax-free, but the heir must still be a person not prohibited under federal law and must complete the ATF approval process before taking possession. The executor's lawful possession during probate is recognized under federal law, but actual transfer to the heir requires Form 5 approval.

NFA trusts simplify this. If the deceased's NFA items were registered to a properly drafted gun trust with successor trustees and beneficiaries identified in the trust instrument, the items remain in the trust on death without a Form 5 transfer; control passes through trust succession instead. For Texas residents with multiple NFA items or a planned estate, the trust route generally produces a smoother transition than the personal-registration route.

For instructors: a student inheriting a non-NFA Texas-resident firearm needs no special procedure beyond ensuring the heir can lawfully possess. A student inheriting a registered suppressor or SBR needs a Form 5 process and should be referred to an NFA-experienced attorney before any movement of the item.

Carrying Under the Influence in Texas

The Bottom Line

Texas has a single primary firearm-while-intoxicated criminal statute: Tex. Penal Code § 46.02(a-6). It makes it a crime for any person to carry a handgun while intoxicated in public, using the same intoxication standard the Legislature has long used in its DWI scheme (alcohol concentration of 0.08 or more, or loss of normal use of mental or physical faculties from alcohol, drugs, or a combination). The offense applies to permitless carriers and to License to Carry (LTC) holders alike. The pre-HB 1927 LTC-specific intoxication offense formerly housed in § 46.035 (which separately criminalized an LTC holder's intoxicated carry as a Class A misdemeanor) was repealed in the 2021 constitutional-carry rewrite. The general § 46.02(a-6) offense replaced it.

Federal law adds 18 U.S.C. § 922(g)(3), which bars firearm possession by any person who is an unlawful user of, or addicted to, a controlled substance. ATF treats marijuana use, including under any state medical-marijuana program, as a § 922(g)(3) trigger because marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act regardless of Texas law.

Texas does not have a separate per-se BAC tier for permit holders, and Texas does not have a "0.02 carry-only" rule. The same statutory standard governs the constitutional carrier with no permit and the LTC holder with a clean record.

Practical takeaway: if you are carrying a handgun in public in Texas, do not drink. The state's intoxication standard is the DWI standard, the offense grade is a Class A misdemeanor, the Castle Doctrine presumption can be lost on a "criminal activity" disqualifier when an intoxicated carrier uses force, and a DWI-related conviction record can disqualify you from LTC eligibility under the chemical-dependency presumption. Federal law layers a separate, independent prohibitor for any unlawful drug user, including any state medical-marijuana cardholder.

Why Texas Has One Statute, Not Two

Before September 1, 2021, Texas's intoxicated-carry rules were split. The general unlawful-carrying-of-weapons statute (§ 46.02) reached unlicensed carriers; the License to Carry statute (§ 46.035) reached licensed carriers. § 46.035 contained its own intoxication subsection that made it a Class A misdemeanor for an LTC holder to carry a handgun while intoxicated in public. The two statutes ran in parallel and produced essentially the same offense for two different populations.

When the Texas Legislature passed HB 1927 (87th Legislature, 2021) to authorize permitless carry, it consolidated the framework. HB 1927:

• Rewrote § 46.02 to permit handgun carry by qualifying adults 21 and older without a permit;
• Added § 46.02(a-6) as a new free-standing offense for any person, license or no license, who carries a handgun while intoxicated in public;
• Repealed substantial portions of § 46.035, including its license-holder-specific intoxication offense and several other LTC-specific carry restrictions that had become redundant with the new § 46.02 framework.

The repeal block at § 46.035(a-1), (a-2), (a-3), (e), (f), (g), (h), (h-1), (i), (j), (k), (l), and (m) is footnoted in the current code as "Repealed by Acts 2021, 87th Leg., ch. 809 (H.B. 1927), § 26(10)." The intoxicated-carry-by-LTC-holder rule that had been in § 46.035 was inside that repeal block. Section 46.035 still exists, and § 46.035(a) still makes it an offense for an LTC holder to intentionally display a handgun in plain view in public except in a holster, but the LTC-only intoxication offense is gone. A separate 2023 cleanup, HB 4595 (88th Legislature), repealed the remaining § 46.035(b), (c), and (d) provisions (which had governed alcohol-establishment, sporting-event, and similar location offenses for license holders).

For instructors, the consolidation matters for one practical reason: the substantive standard is the same for everyone. There is no longer any LTC carve-out, lower threshold, or stricter rule. The LTC holder and the constitutional carrier both stand or fall under § 46.02(a-6).

The Controlling Statute: Tex. Penal Code § 46.02(a-6)

The text of § 46.02(a-6) is short. A person commits an offense if the person:

1. carries a handgun while the person is intoxicated; and
2. is not:
   • on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or
   • inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control, or with the consent of the owner or operator of the vehicle or watercraft.

Two structural points are worth pausing on.

First, the "intoxicated" element is the DWI standard. Texas uses a single statutory definition of "intoxicated" across its DWI offenses (Penal Code chapter 49) and that same definition controls § 46.02(a-6). Under § 49.01(2), a person is intoxicated if the person:

• has an alcohol concentration of 0.08 or more; or
• does not have the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.

This is a disjunctive definition. The State can prove intoxication by hitting the 0.08 BAC per-se prong, or by proving loss of normal use of mental or physical faculties on the totality of evidence (officer observations, field sobriety tests, witness testimony, chemical results). A driver who blows a 0.06 but plainly cannot stand on one leg or count to ten can still be convicted on the loss-of-faculties prong. A driver who blows 0.08 has handed the State the per-se prong even with no observable signs of intoxication.

The same disjunction governs § 46.02(a-6). A carrier with a 0.08 BAC has committed the offense regardless of how steady on his feet he appears. A carrier under 0.08 can still be convicted if loss of normal use is proven.

Second, the safe-harbor list is narrow. § 46.02(a-6)(2) excludes three locations from the offense:

• The carrier's own property, or property under the carrier's control;
• Private property with the consent of the owner;
• A motor vehicle or watercraft owned by, or under the control of, the carrier, or with the owner's consent.

This is the legislative recognition that a homeowner who has a few drinks at home with a handgun on the nightstand has not committed a crime under § 46.02(a-6); a guest at a private dinner party who is licensed-to-carry and has a glass of wine has not committed a crime if the host consents to the firearm; and a carrier sitting in his own truck in the driveway is not committing the offense. Everywhere else, the offense applies. A bar, a restaurant, a parking lot, a public sidewalk, a friend's apartment without consent for the firearm, a campsite on public land, a hunting lease where the leaseholder has not consented to the carrier's possession while drinking - all are inside the prohibition.

The instructor takeaway: read § 46.02(a-6)(2) as a tight set of three exceptions, not as a generalized "safe places" doctrine. The exceptions protect home conduct, consented-to private property, and the carrier's own vehicle. They do not protect public conduct.

Penalty Grade

§ 46.02(b) sets the offense grade for § 46.02 violations as a Class A misdemeanor unless an enumerated felony exception applies (§ 46.02(d) for the location-restricted-knife minor offense, and § 46.02(e) for the prohibited-person carry felony under § 46.02(a-7)). The (a-6) intoxication offense falls under the default Class A grade.

Under Tex. Penal Code § 12.21, a Class A misdemeanor exposes a defendant to:

• A fine not to exceed $4,000;
• Confinement in jail for a term not to exceed one year; or
• Both fine and confinement.

A misdemeanor conviction also carries collateral consequences: a permanent criminal record visible on background checks for employment, professional licensing, and future firearm purchases, and potential effects on LTC eligibility (discussed below).

LTC Holders After HB 1927

Pre-2021 § 46.035(d) made it a Class A misdemeanor for an LTC holder to carry a handgun on or about the holder's person while the holder was intoxicated. That subsection no longer exists in current Texas law. The 2021 HB 1927 repeal block removed the LTC-specific intoxication offense, and the 2023 HB 4595 cleanup removed the remaining (b), (c), and (d) location offenses for license holders. § 46.035 today contains:

• § 46.035(a): an LTC holder commits an offense by intentionally displaying a handgun in plain view of another in a public place, with an exception when the handgun is carried in a holster (or in a holster while the holder is in a motor vehicle).
• § 46.035(b) through (m): a series of repealed subsections, all of which were either consolidated into § 46.02 or eliminated outright by HB 1927 and HB 4595.

The result: an LTC holder carrying intoxicated in public commits an offense under § 46.02(a-6), the same statute that applies to a permitless carrier. There is no separate LTC-only statutory penalty for intoxicated carry, no LTC-specific lower BAC threshold, and no LTC-specific higher BAC threshold. The LTC holder and the constitutional carrier face the same Class A misdemeanor exposure on the same intoxication standard.

What the LTC holder does face that the permitless carrier does not is a license consequence. A § 46.02(a-6) conviction is a Class A misdemeanor. Under Tex. Gov't Code § 411.172(a)(8), a person convicted of any Class A misdemeanor in the preceding five years is not qualified to hold or renew an LTC. Under Tex. Gov't Code § 411.180, the Department of Public Safety may revoke an LTC when the holder no longer meets eligibility, and a Class A conviction during the license term feeds that revocation analysis.

The instructor takeaway: an intoxicated-carry conviction will end an LTC, on top of the criminal exposure. The license is not lifetime; it is renewed periodically and is subject to revocation when the holder picks up a disqualifying conviction.

Federal Layer: 18 U.S.C. § 922(g)(3)

Independent of Texas's own framework, federal law makes it unlawful for any person who is "an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act)" to ship, transport, possess, or receive any firearm or ammunition in or affecting interstate commerce. Violation is a federal felony with up to 10 years in prison and up to $250,000 in fines.

ATF defines "unlawful user of or addicted to any controlled substance" at 27 CFR § 478.11. The regulation reaches a person who uses a controlled substance and has lost the power of self-control with reference to the use, or any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. The regulation flags marijuana as the leading trigger because marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act regardless of state legalization or medical authorization.

Marijuana, Including Out-of-State Medical Marijuana Cardholders

Texas does not have a comprehensive medical-marijuana program comparable to many neighboring states; the Texas Compassionate Use Program permits low-THC cannabis for narrow medical conditions and is administered separately. The relevant federal point for instructors is broader. A person who is a current user of marijuana - recreationally, under any state's medical-marijuana program, or under the Texas Compassionate Use Program - is treated by ATF as an unlawful user of a controlled substance under federal law.

ATF Form 4473 (the federal firearms transaction record) asks every purchaser, under penalty of perjury, to certify that they are not an unlawful user of any controlled substance. The form expressly notes that marijuana use disqualifies the purchaser regardless of state law. A Texas resident who answers "no" on the Form 4473 while a current marijuana user commits a federal felony under 18 U.S.C. § 922(a)(6) (false statement on the firearm transaction record) and § 922(g)(3) (possession by prohibited person). The exposure attaches even when the purchaser is sober at the time of purchase and at home; the federal scheme operates independently of Texas's.

Recreational Drug Use Generally

Federal § 922(g)(3) reaches use of any Schedule I, II, III, IV, or V controlled substance taken outside the scope of a valid prescription. ATF treats current and ongoing use as the trigger, not a single past episode. The safest framing for instructors is that any current illegal drug use, including marijuana use of any kind under federal law, is incompatible with firearm possession.

§ 922(g)(3) is independent of Texas's § 46.02(a-6). A Texas resident who is a current marijuana user and who possesses a handgun at home commits no Texas under-the-influence offense (§ 46.02(a-6) requires public carry while intoxicated, and the home is excepted). But that same person commits a federal felony under § 922(g)(3) the moment the firearm and the ongoing marijuana use coexist. The federal exposure attaches at home.

LTC Eligibility, Chemical Dependency, and DWI Convictions

Texas's LTC framework includes statutory hooks for alcohol- and drug-related conduct beyond the § 46.02(a-6) offense itself.

The Chemical-Dependency Presumption (§ 411.172(c))

Under Tex. Gov't Code § 411.172(a)(7), an LTC applicant must not be "a chemically dependent person." Subsection (c) creates a presumption:

An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter.

The presumption is triggered by two qualifying convictions in 10 years. Texas DWI under Penal Code § 49.04 is a Class B misdemeanor on a first offense (with alcohol as a statutory element) and a Class A misdemeanor on a second offense. Two DWI convictions in the 10-year window therefore satisfy the § 411.172(c) trigger and disqualify the applicant from holding an LTC by statutory presumption. Subsection (c) also preserves the State's ability to prove chemical dependency by other evidence even when the two-conviction trigger is not met.

For instructors, two practical translations:

• A first DWI alone does not strip LTC eligibility under the chemical-dependency presumption. It can still feed character-and-judgment review under § 411.172(a)(7) and can produce a five-year disqualification under § 411.172(a)(8) for the Class B misdemeanor itself.
• A second DWI in the 10-year window flips the chemical-dependency switch and ends LTC eligibility.

The Sound-Judgment Disqualifier (§ 411.172(a)(7), (d), (e))

§ 411.172(a)(7) requires that an applicant not be "incapable of exercising sound judgment with respect to the proper use and storage of a handgun." Subsection (d) defines that incapacity by reference to specific psychiatric diagnoses, hospitalization, and listed conditions. Subsection (e) lists the kinds of evidence that establish a § 411.172(d)(1) psychiatric disorder, including:

• Inpatient or residential substance abuse treatment in the preceding five-year period;
• Diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance.

A residential rehab admission within five years of the LTC application can be raised as evidence of disqualification under § 411.172(d)(1) without any criminal conviction at all. The same is true of a documented physician diagnosis of dependence. These are non-conviction pathways to LTC denial or revocation. Subsection (f) provides a remission off-ramp on a licensed psychiatrist's certificate.

Class A Misdemeanor and the Five-Year Bar (§ 411.172(a)(8), (a)(9))

§ 411.172(a)(8) disqualifies an applicant from holding an LTC if convicted within the preceding five years of a Class A or Class B misdemeanor or of disorderly conduct under § 42.01. A § 46.02(a-6) intoxicated-carry conviction is a Class A misdemeanor and therefore disqualifies the holder for five years from the conviction date. § 411.172(a)(9) requires the applicant to be fully qualified to purchase a handgun under federal and state law; a federal § 922(g)(3) prohibition (current drug user) ends federal purchase qualification and therefore ends LTC eligibility independent of state criminal exposure.

Self-Defense While Intoxicated

Texas's use-of-force chapter - Tex. Penal Code § 9.31 (self-defense) and § 9.32 (deadly force) - does not categorically bar an intoxicated person from claiming self-defense. A person genuinely facing imminent unlawful force may use defensive force even if intoxicated. But intoxication interacts with two specific elements that often determine whether a defendant prevails on a justification claim.

The Castle Doctrine "no retreat" presumption can be lost. Under § 9.32(b), a defendant's belief that deadly force was immediately necessary is presumed reasonable when three conditions converge: (1) the defendant knew or had reason to believe the attacker was unlawfully and forcibly entering or removing the defendant from the defendant's habitation, vehicle, or place of business or employment, or was committing one of the listed enumerated felonies; (2) the defendant did not provoke the attacker; and (3) the defendant was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

That third element - "not otherwise engaged in criminal activity" - is the trap for the intoxicated carrier. If the defendant was engaged in a § 46.02(a-6) intoxicated-carry offense at the moment of the defensive use, the defendant was "engaged in criminal activity" in a non-traffic context, and the § 9.32(b) presumption of reasonableness is lost. The defendant can still claim self-defense, but he has to prove the reasonableness of his belief by ordinary means without the statutory presumption.

The "no duty to retreat" rule under § 9.32(c) has the same disqualifier. § 9.32(c) provides that a defendant who has a right to be present, who has not provoked the other person, and who is not engaged in criminal activity at the time the deadly force is used, has no duty to retreat before using deadly force. The intoxicated carrier in public has lost the no-duty-to-retreat protection if § 46.02(a-6) attaches to the moment of use.

The practical consequence: an intoxicated LTC holder or constitutional carrier who uses deadly force in a public confrontation walks into court without two of Texas's strongest justification doctrines. The Castle Doctrine presumption is gone. The no-duty-to-retreat rule is gone. The defendant is left to argue ordinary § 9.32(a) justification on the totality of facts, while the State can charge him with the underlying § 46.02(a-6) offense as a separate count.

The home and vehicle exceptions to § 46.02(a-6) matter here too. A homeowner who is intoxicated and uses defensive force inside his own home was not engaged in criminal activity for § 9.32 purposes (the home is excepted from § 46.02(a-6)), so the Castle Doctrine presumption and no-duty-to-retreat rule remain available. A driver in his own vehicle is in the same position. An intoxicated carrier in a parking lot, a sidewalk, or a public bar is not.

What § 46.02(a-6) Does Not Cover

A few operational points are worth flagging because students sometimes assume more state coverage than the statute provides.

• There is no separate "stored gun while drunk at home" offense in Texas. § 46.02(a-6) requires carrying a handgun in public. A homeowner who keeps loaded firearms accessible in the home while intoxicated is not committing § 46.02(a-6). The home-storage exposure runs through the child-access statute (Tex. Penal Code § 46.13, covered in STORAGE) and through general reckless-conduct statutes.
• There is no Texas drug-test or breath-test demand statute tied to firearms specifically. Officers who develop probable cause for § 46.02(a-6) typically rely on the same investigative tools used for DWI: officer observations, field sobriety tests, and chemical-test demands under separate statutory authority. There is no "implied consent" rule attached to firearm carry the way there is for vehicle operation.
• § 46.02(a-6) does not require active discharge or display. Mere carry while intoxicated is the offense. The carrier does not have to brandish, point, or fire the firearm. § 22.05 (deadly conduct) and § 22.07 (terroristic threat) reach the brandish-and-point conduct as separate offenses, regardless of intoxication.
• There is no dollar-amount or quantity threshold for the "intoxicated" element beyond the § 49.01(2) DWI definition. A 0.08 BAC carrier in public has committed the offense even if entirely non-disruptive. A sub-0.08 carrier with manifest loss-of-faculties evidence has committed the offense even with no chemical test in evidence.
• § 46.02(a-6) does not separately criminalize carrying impaired by lawfully prescribed medication taken as prescribed, but the § 49.01(2) "loss of normal use" prong reaches any substance that produces that loss. A carrier whose prescribed medication produces visible intoxication is exposed.

Practical Guidance for Instructors and Students

A few rules to teach explicitly.

1. Do not carry intoxicated in public, period. Texas's intoxication standard is the DWI standard. A 0.08 BAC and a public-place carry is a Class A misdemeanor. The operational rule to teach is "no drinking with a loaded handgun in public," not "stay under 0.08." The cost of being wrong is up to a year in jail, a $4,000 fine, and an LTC bar for five years.

2. The home and vehicle exceptions are real, but narrow. § 46.02(a-6)(2) protects the carrier on his own property, on private property with the owner's consent, and inside his own vehicle. It does not protect the bar, the parking lot, the public sidewalk, the shopping center, or a friend's apartment without consent. Teach the exceptions as exceptions, not as a generalized "safe carry" doctrine.

3. The LTC holder and the constitutional carrier face the same offense. HB 1927 consolidated the two intoxication statutes into one. There is no separate § 46.035 intoxication offense for license holders today. The LTC holder picks up the same Class A misdemeanor exposure under § 46.02(a-6) as the permitless carrier, plus a § 411.172(a)(8) five-year LTC bar on conviction.

4. Two DWIs in 10 years end LTC eligibility. § 411.172(c) creates a chemical-dependency presumption from two convictions in 10 years of Class B-or-greater offenses with alcohol or controlled-substance use as a statutory element. DWI fits. A student with one DWI on the record should be told plainly that a second one ends LTC eligibility under the presumption.

5. Marijuana use is incompatible with firearm possession in Texas, full stop. Federal § 922(g)(3) reaches any current user of a Schedule I controlled substance. Marijuana is Schedule I. This includes recreational use, out-of-state medical-marijuana use, and use under any state program. The exposure attaches at home, at the dealer counter on Form 4473, and during any later carry event, independent of Texas's § 46.02(a-6) offense.

6. The Castle Doctrine presumption can be lost on intoxication. § 9.32(b)(3) and § 9.32(c) both condition Castle Doctrine and no-duty-to-retreat protection on the defendant not being "engaged in criminal activity" at the time of the defensive force. An active § 46.02(a-6) violation strips both protections in public. The intoxicated carrier in a parking-lot or bar confrontation walks into court without Texas's strongest justification doctrines.

7. Plan the night. If a student plans to drink in public, the firearm should be locked at home or lawfully secured before drinking begins. There is no Texas "safe transport while drinking" exception in any firearm statute, and the home and vehicle exceptions of § 46.02(a-6)(2) do not extend to walking out of a bar to a parked car.

Statute Reference

Texas Weapon Restrictions

Texas restricts firearm possession on two axes. The first axis is person: felons, certain domestic-violence misdemeanants, and people subject to qualifying protective orders cannot possess firearms during the disability period. Tex. Penal Code § 46.04 is the operative statute. The second axis is item: explosive weapons, machine guns, short-barrel firearms, armor-piercing handgun ammunition, chemical dispensing devices, zip guns, tire deflation devices, and improvised explosive devices are categorically restricted unless they fall into a narrow registration or duty exception. Tex. Penal Code § 46.05 is the operative statute. Tex. Penal Code § 46.15 carves out exemptions for peace officers, military personnel, and (for some offenses) license-to-carry holders. Federal law at 18 U.S.C. § 922(g) runs in parallel and reaches several categories that Texas does not directly criminalize, including drug users, illegal aliens, and dishonorably discharged servicemembers.

This section is the person-and-item companion to PROHIBITED_PLACES, which covers the place-based bans at § 46.02 and § 46.03. If you want to know who cannot carry or what they cannot carry, you are in the right section. If you want to know where lawful owners cannot carry, see PROHIBITED_PLACES.

Person-Based Prohibitions (§ 46.04)

Section 46.04 is titled "Unlawful Possession of Firearm." It defines four distinct prohibitions, each with its own duration and grading.

Felony conviction (§ 46.04(a))

A person who has been convicted of a felony commits an offense if he possesses a firearm:

1. After conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony, or release from supervision under community supervision, parole, or mandatory supervision, whichever date is later. § 46.04(a)(1).
2. After the period described by Subdivision (1), at any location other than the premises at which the person lives. § 46.04(a)(2).

The structure is unusual and worth restating in plain language. For the first five years after the latest of release, parole termination, or completion of community supervision, a Texas felon cannot possess a firearm anywhere. After that five-year window closes, the felon may possess a firearm only on the premises at which the person lives. Carrying the firearm to a friend's house, a hunting lease, or a vehicle parked off the residential premises remains unlawful.

Texas recognizes no automatic restoration of the right to carry away from home. The state-law residential-premises rule does not override 18 U.S.C. § 922(g)(1), which continues to bar all firearm possession by anyone convicted of a crime punishable by more than one year of imprisonment unless that conviction has been expunged, set aside, or pardoned, or unless civil rights have been restored under § 921(a)(20). A Texas felon relying on the at-home exception of § 46.04(a)(2) is still exposed to federal prosecution under § 922(g)(1) absent restoration of federal rights.

The operative federal definition in § 46.04(f) treats a state, federal, or out-of-state offense as a "felony" if it is designated as a felony, contains all the elements of a Texas felony, or is punishable by confinement for one year or more in a penitentiary. § 46.04(g) creates a narrow safe harbor: an out-of-state offense is not treated as a felony for § 46.04 purposes if at the time of possession the offense is no longer designated by Texas law as a felony and does not contain all the elements of a Texas felony.

Class A domestic-violence misdemeanor (§ 46.04(b))

A person convicted of an offense under § 22.01 (assault), punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:

1. The date of release from confinement following conviction of the misdemeanor; or
2. The date of release from community supervision following conviction of the misdemeanor.

"Family," "household," and "member of a household" follow the definitions in Tex. Fam. Code Ch. 71. § 46.04(d). Unlike the federal MCDV bar at 18 U.S.C. § 922(g)(9), the Texas bar at § 46.04(b) is time-limited at five years and is triggered specifically by a Class A misdemeanor assault under § 22.01 with a family-violence finding. The federal MCDV bar is permanent (subject to § 921(a)(33) restoration mechanisms) and reaches a broader set of qualifying convictions. A person who is past the five-year Texas window may still be federally prohibited.

Protective-order subjects (§ 46.04(c))

A person, other than a peace officer actively engaged as a sworn full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Tex. Fam. Code § 6.504 or Chapter 85, under Tex. Code Crim. Proc. art. 17.292 or Subchapter A, Chapter 7B, or by another jurisdiction as provided by Family Code Chapter 88, commits an offense if the person possesses a firearm after receiving notice of the order and before its expiration. § 46.04(c).

The statute reaches:

• Family Code § 6.504 mutual restraining orders in divorce proceedings.
• Family Code Chapter 85 family-violence protective orders.
• Code of Criminal Procedure art. 17.292 magistrate's emergency protective orders entered after a family-violence arrest.
• Code of Criminal Procedure Chapter 7B stalking, sexual-assault, trafficking, and other targeted protective orders.
• Family Code Chapter 88 out-of-state and tribal-court protective orders given full faith and credit in Texas.

The disability runs from notice through expiration. Federal law at 18 U.S.C. § 922(g)(8) applies in parallel to qualifying intimate-partner protective orders that meet the federal due-process and findings requirements. A Texas order that triggers § 46.04(c) often (but not always) also triggers § 922(g)(8); a federal order or out-of-state order that does not match § 46.04(c) may still trigger § 922(g)(8).

Criminal street gang member with a handgun in a vehicle (§ 46.04(a-1))

A person who is a member of a criminal street gang as defined by § 71.01 commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft. § 46.04(a-1). This provision sits alongside the constitutional-carry baseline at § 46.02 and forecloses the in-vehicle carry that is otherwise lawful for non-gang adults aged 21+.

§ 46.04 grading

Penalties under § 46.04 are graded under § 46.04(e):

A second-degree felony grade applies under separate statutory provisions for certain enhanced § 46.04 conduct (for example, repeat felon-in-possession with priors); confirm the current grading with the prosecutor before relying on a baseline third-degree assumption.

Relinquishment when a disability attaches

Texas does not have a unified statutory relinquishment-and-storage scheme. In practice, when a disability attaches under § 46.04, the affected person must dispose of firearms before the disability becomes effective (or before any deadline the issuing court sets in a protective order). Common methods are transfer to a non-prohibited family member who does not reside with the disqualified person, sale to a federally licensed dealer (FFL), or surrender to a law enforcement agency. Constructive possession remains unlawful: leaving firearms in a household closet that the prohibited person can access is possession for purposes of § 46.04 and 18 U.S.C. § 922(g). For protective-order respondents, family-violence courts routinely order a specific surrender procedure; comply with the court's order on its terms and timeline.

Item-Based Prohibitions (§ 46.05)

Section 46.05, "Prohibited Weapons," lists six categories of items that no person may intentionally or knowingly possess, manufacture, transport, repair, or sell unless an exception applies.

The six categories (§ 46.05(a))

1. Explosive weapons (§ 46.05(a)(1)(A)). § 46.01(2) defines this as any explosive or incendiary bomb, grenade, rocket, or mine designed, made, or adapted for inflicting serious bodily injury, death, substantial property damage, or undue public alarm; the term includes a device designed for delivery or shooting an explosive weapon.
2. Machine guns (§ 46.05(a)(1)(B)). § 46.01(9) defines this as any firearm capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.
3. Short-barrel firearms (§ 46.05(a)(1)(C)). § 46.01(10) defines this as a rifle with a barrel under 16 inches, a shotgun with a barrel under 18 inches, or any weapon made from a shotgun or rifle that, as altered, has an overall length under 26 inches.
4. Armor-piercing ammunition (§ 46.05(a)(2)). § 46.01(12) defines this as handgun ammunition designed primarily for penetrating metal or body armor and to be used principally in pistols and revolvers.
5. Chemical dispensing devices (§ 46.05(a)(3)). § 46.01(14) defines this as a device, other than a small chemical dispenser sold commercially for personal protection, designed for dispensing a substance that causes an adverse psychological or physiological effect on a human being. Personal-use pepper spray sold for self-defense is outside this definition.
6. Zip guns (§ 46.05(a)(4)). § 46.01(16) defines this as a device that was not originally a firearm and is adapted to expel a projectile through a barrel using the energy of an explosion or burning substance.
7. Tire deflation devices (§ 46.05(a)(5)). § 46.01(17) defines this as a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing tires.
8. Improvised explosive devices (§ 46.05(a)(6)). § 46.01(19) defines this as a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components.

(The numbering above lists eight items because the statute splits the first three under § 46.05(a)(1)(A)-(C). The Penal Code uses six numbered subdivisions.)

NFA-registered carve-out for items (1) through (3)

The NFA carve-out is the most important practical exception in § 46.05. Explosive weapons, machine guns, and short-barrel firearms are lawful in Texas if the item is registered in the National Firearms Registration and Transfer Record maintained by ATF, or otherwise not subject to that registration requirement, or classified as a curio or relic by the U.S. Department of Justice. § 46.05(a)(1).

The practical translation:

• A federally registered Title II machine gun (post-1986 registered for dealer or government sale, or pre-1986 transferable) lawfully held under 26 U.S.C. ch. 53 is lawful in Texas.
• A federally registered short-barreled rifle (SBR) or short-barreled shotgun (SBS) is lawful in Texas.
• A federally registered destructive device or qualifying explosive item is lawful in Texas.
• A C&R-classified item is exempt from § 46.05(a)(1) regardless of registration status.

This carve-out applies only to the three items in § 46.05(a)(1). Armor-piercing ammunition, chemical dispensing devices, zip guns, tire deflation devices, and improvised explosive devices have no NFA carve-out under § 46.05(a). See the affirmative defenses in § 46.05(d) below for the narrow workarounds.

Suppressors are not in § 46.05

Suppressors (silencers) are a federally regulated NFA item under 26 U.S.C. ch. 53, but they are not listed in the current text of Tex. Penal Code § 46.05(a). Texas does not categorically prohibit suppressor possession by adults. The NFA_ITEMS section covers the federal procedure and the Texas-specific compliance points for SBRs, SBSs, machine guns, suppressors, and AOWs. See the NFA_ITEMS section before transferring or building any NFA-classified item.

Defenses and affirmative defenses

Section 46.05(b) is a flat defense to prosecution: the actor's conduct was incidental to the performance of official duty by the armed forces, the National Guard, a governmental law enforcement agency, or a correctional facility.

Section 46.05(d) provides three affirmative defenses:

1. Conduct incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio.
2. Conduct incidental to dealing with armor-piercing ammunition solely for the purpose of making it available to an organization listed in § 46.05(b).
3. Conduct incidental to dealing with a tire deflation device solely for the purpose of making it available to an organization listed in § 46.05(b).

Section 46.05(f) provides a defense for possession of a chemical dispensing device by a security officer who has received training from the Texas Commission on Law Enforcement or a program approved by the Texas Private Security Board.

§ 46.05 grading

Section 46.05(e) grades all violations as a felony of the third degree with one exception: an offense under § 46.05(a)(5), possession of a tire deflation device, is a state jail felony. Punishment ranges:

Texas removed several historical entries from § 46.05 by repealer:

• Switchblade knives: removed by Acts 2017, 85th Leg., ch. 324 (S.B. 1488), § 15.002. Switchblades are no longer prohibited weapons under Texas state law as of September 1, 2017.
• Knuckles: removed by Acts 2019, 86th Leg., ch. 216 (H.B. 446), § 4. Brass and metal knuckles are no longer prohibited weapons under Texas state law as of September 1, 2019.
• Hoax bombs and unauthorized firearm-silencer language: subject to repealer activity in 2015 and 2019; the current § 46.05(a) text does not include them as prohibited items.

For instructors, the practical point is that the current § 46.05(a) list is the operative restriction set. Older training materials referencing knuckles, switchblades, hoax bombs, or silencers as § 46.05 prohibited weapons are out of date.

Federal § 922(g) Overlay

18 U.S.C. § 922(g) prohibits firearm or ammunition possession (and shipment, transport, and receipt in or affecting interstate commerce) by:

The federal overlay matters in three concrete situations Texas instructors see often:

1. Out-of-state felonies. A person whose Texas felony rights have run past the § 46.04(a) five-year window may rely on § 46.04(a)(2) to keep firearms at home, but § 922(g)(1) still applies absent a federal restoration of rights, an expungement, or a pardon. The state at-home rule is not a federal defense.
2. Marijuana users. Recreational and medical marijuana users are unlawful users of a controlled substance under § 922(g)(3) regardless of state law, and are barred from federal Form 4473 acquisitions and possession. Texas state law contains no parallel categorical bar at § 46.04, but federal exposure is constant.
3. Out-of-state protective orders. A protective order from another state that does not satisfy § 46.04(c)'s incorporation-by-reference list may still satisfy § 922(g)(8) if it meets the federal due-process and intimate-partner findings.

The federal definition of "misdemeanor crime of domestic violence" at § 921(a)(33) does not require that the qualifying domestic relationship be an element of the convicting statute. A conviction under § 22.01 against a current or former spouse, cohabitant, parent, person sharing a child in common, or person similarly situated qualifies regardless of whether the indictment charged the family-violence element.

§ 46.15 Exemptions

Section 46.15 is the master exemption statute for §§ 46.02 and 46.03 (the place-and-public-carry rules). It does not exempt anyone from § 46.04 (the prohibited-person rules) or § 46.05 (the prohibited-weapon rules). A peace officer convicted of a qualifying felony is still a felon under § 46.04(a). A military servicemember is still subject to § 46.05 prohibitions on unregistered NFA items.

That said, § 46.15 matters for understanding how § 46.04 and § 46.05 interact with daily carry. The § 46.15(a) exemptions to §§ 46.02 and 46.03 cover peace officers, parole officers, community-supervision officers, judicial officers (active and certain retired), retired qualified law enforcement officers under 18 U.S.C. § 926C, prosecuting attorneys (federal, state, and local) licensed to carry, certain bailiffs, juvenile probation officers, volunteer emergency services personnel, and (depending on the version of § 46.15(a) currently in force after the 2023 amendments) district and county clerks.

Section 46.15(b) provides exemptions to §§ 46.02, 46.03(a)(14), and 46.04(a-1) (but not § 46.04(a), (b), or (c)) for: armed-forces and state-military personnel in the actual discharge of duty; persons who are traveling; persons engaged in lawful hunting, fishing, or other sporting activity (or en route between the activity and home); commissioned security officers performing duties in uniform; personal protection officers; LTC holders carrying a handgun concealed or in a holster (§ 46.15(b)(6)); alcoholic-beverage permit holders supervising the operation of permitted premises; and law enforcement students engaged in required class activities.

The LTC carve-out at § 46.15(b)(6) is what makes the License to Carry valuable even after constitutional carry took effect on September 1, 2021. An LTC holder receives § 46.15(b) exemptions from several § 46.03 location offenses (subject to the § 30.06/§ 30.07 sign exceptions) that constitutional-carry adults do not receive.

LTC Denial Grounds and Their Relationship to § 46.04

The PERMIT_BASICS section walks through the fourteen-prong eligibility test at Tex. Gov't Code § 411.172(a). Three of those prongs map directly onto § 46.04 disabilities:

• § 411.172(a)(3): not convicted of a felony (subject to the felony definition in § 411.172(b) that excludes certain old offenses).
• § 411.172(a)(8): not subject to a court order, including an active protective order or a restraining order affecting the spousal relationship (other than a § 6.504 mutual restraining order under specific conditions).
• § 411.172(a)(9): not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a § 6.504 mutual restraining order under specific conditions.

A person prohibited under § 46.04 will fail the § 411.172 eligibility test and cannot obtain or retain an LTC. DPS suspends or revokes existing LTCs when the holder becomes subject to a § 46.04 disability. If you are dispatched a protective order, your LTC status is among the first things to confirm with DPS.

Restoration

Texas does not provide a unified state-level restoration-of-rights petition for firearm disabilities arising under § 46.04. The available paths are:

1. Run the clock. § 46.04(a)(2) automatically permits at-home possession after the five-year window closes, subject to § 922(g)(1) federal exposure. § 46.04(b) and § 46.04(c) disabilities expire by their terms.
2. Pardon. A full pardon from the Governor of Texas based on innocence or actual rehabilitation (issued through the Texas Board of Pardons and Paroles) restores firearm rights for state-law purposes. A pardon also generally restores federal rights under § 921(a)(20) if it does not expressly restrict firearms.
3. Set aside or expunge. Some Texas convictions are eligible for an order of nondisclosure or expunction under Code of Criminal Procedure provisions; the effect on § 46.04 and § 922(g) depends on the order's specific terms.
4. Federal § 925(c) relief. This federal restoration mechanism remains unfunded by Congress and is currently unavailable to most applicants.
5. Vacatur or modification of a protective order. A § 46.04(c) disability ends when the underlying order expires or is vacated.

A federal felony or a federal MCDV requires a federal pardon or federal restoration; a Texas pardon does not lift a federal disability arising from a federal conviction.

Quick Reference

Texas Firearm Storage Requirements

The Bottom Line

Texas does not impose a general firearm-storage requirement on adults. The state's only operative storage statute is Tex. Penal Code § 46.13, "Making a Firearm Accessible to a Child," which makes it a crime to fail to secure a readily-dischargeable firearm where a child under 17 gains access to it.

The base offense is a Class C misdemeanor (fine up to $500). It escalates to a Class A misdemeanor (up to $4,000 fine and up to one year in jail) if the child discharges the firearm and causes death or serious bodily injury. Three affirmative defenses are available: supervised access for hunting, sporting, or other lawful purposes; the child's lawful self-defense or defense of property; access gained by the child entering property in violation of the Penal Code; and access during the actor's agricultural-enterprise activity.

If you live in Texas, your home storage practices are not directly regulated by state law except in the child-access context. There is no Texas statute requiring a safe, a trigger lock, separate ammunition storage, or any particular method of keeping a firearm at home. There is no Texas LTC condition that touches storage. The Department of Public Safety does not inspect, audit, or revoke an LTC based on how the holder stores firearms.

For Texas dealers, § 46.13(g) imposes a posted-warning requirement at the point of sale. Federal law (18 U.S.C. § 922(z)) layers on a separate point-of-sale device requirement that applies in every state.

Tex. Penal Code § 46.13 in Detail

Section 46.13 is the only Texas statute that imposes a storage duty on a firearm owner. Read carefully, it operates in two places: the conduct rule (subsections (a) and (b)) and the affirmative defenses (subsection (c)). Subsections (d) and (e) set the punishment grade. Subsection (f) provides a seven-day arrest delay for family members in death-or-serious-injury cases. Subsection (g) imposes the dealer notice.

Definitions That Drive the Statute

Three statutory definitions in § 46.13(a) control the analysis:

• Child means "a person younger than 17 years of age." Note this is 17, not 18. A 17-year-old in your home does not trigger § 46.13. Other Texas statutes use 18 as the age of majority; § 46.13 does not.
• Readily dischargeable firearm means "a firearm that is loaded with ammunition, whether or not a round is in the chamber." A firearm with a loaded magazine inserted is "readily dischargeable" even if the chamber is empty. An unloaded firearm with the magazine removed and stored separately is not.
• Secure means "to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means." The statute lists locked container and trigger lock as examples, not as the exclusive methods. The reasonableness standard governs.

The Conduct Rule (§ 46.13(b))

A person commits the offense if a child gains access to a readily-dischargeable firearm and the person, with criminal negligence:

1. Failed to secure the firearm; or
2. Left the firearm in a place to which the person knew or should have known the child would gain access.

Two elements must align before the offense attaches: (1) the firearm was readily dischargeable (loaded), and (2) the child actually gained access to it. An unloaded firearm left within a child's reach is not a § 46.13 offense even if the child finds it. A loaded firearm safely stored where no child gains access is also not a § 46.13 offense.

The mental state is criminal negligence, the lowest culpable mental state in Texas. A prosecutor must prove the actor "ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur" (Penal Code § 6.03(d)). Pure accident, with no risk a reasonable person would have appreciated, is not enough.

Affirmative Defenses (§ 46.13(c))

Four affirmative defenses are written into the statute. If raised by the defendant and found by the factfinder, each is a complete defense:

1. Supervised lawful use. The child's access was "supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes." A parent or guardian taking a 16-year-old to the range, or supervising hunting with the family rifle, is squarely covered.
2. Lawful defense. The child's access was "by lawful defense by the child of people or property." A child who reaches the family handgun in response to a home invasion, and uses it in lawful self-defense, does not generate liability for the storing adult.
3. Unlawful entry. The child gained access "by entering property in violation of this code." Burglary or criminal trespass by the child cuts off the storer's liability. A child who breaks into a locked safe, breaks into the home, or otherwise commits a Penal Code offense to reach the firearm is not within the storer's risk.
4. Agricultural enterprise. Access "occurred during a time when the actor was engaged in an agricultural enterprise." Texas farm and ranch operations frequently involve loaded firearms staged for predator or pest control. The agricultural-enterprise defense recognizes the practical realities of working land.

Penalty Grades (§§ 46.13(d), (e))

Note the structure: the statute does not aggravate based on what the child does (e.g., mere brandishing or accidental discharge with no injury). The aggravator is a discharge that causes death or serious bodily injury. "Serious bodily injury" is defined elsewhere in the Penal Code (§ 1.07(a)(46)) as injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment.

Family Member Arrest Delay (§ 46.13(f))

Subsection (f) is unusual and worth flagging. If the child who discharged the firearm is a member of the actor's family (as defined by Tex. Fam. Code § 71.003) and the discharge caused the child's own death or serious injury, no peace officer or other person may arrest the actor before the seventh day after the offense. The statute recognizes that a parent who has just lost a child to a self-inflicted gunshot is in acute crisis. The delay does not preclude prosecution; it prevents the additional trauma of immediate arrest while the family deals with the death or hospitalization.

Dealer Notice Requirement (§ 46.13(g))

Texas firearm dealers must post a sign in a conspicuous position on the business premises, in block letters not less than one inch in height, containing this exact warning:

"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."

This is a notice obligation on the dealer, not a separate storage rule on the buyer. The buyer's obligation is set by § 46.13(b). The sign restates the gist of (b) for public notice. There is no statutory requirement that the buyer sign an acknowledgment, take a brochure, or receive a counseling pamphlet at the point of sale. Texas dealers are not required to distribute safe-storage literature, lethal-means counseling materials, or signed acknowledgment statements; the § 46.13(g) sign is the entire dealer-side obligation under Texas law.

Federal Storage-Related Requirements That Apply in Texas

Trigger or Locking Device at the Point of Sale (18 U.S.C. § 922(z))

Federal law requires every FFL dealer to provide a "secure gun storage or safety device" with each handgun transferred to a non-licensed individual. This is a one-time event at sale. Every new handgun bought at a Texas FFL ships with a cable lock, trigger lock, or comparable device. The federal regulation (27 C.F.R. Part 478) requires FFL applicants to certify availability of compatible devices. None of this reaches the buyer's home use of the device after leaving the store.

The federal rule applies in Texas exactly as it applies in every other state. Texas has not added a state-law buyer-side trigger-lock obligation on top of the federal point-of-sale device.

Federal Firearms Licensee Recordkeeping

FFL recordkeeping under 27 C.F.R. Part 478 covers acquisitions and dispositions, not storage at the buyer's home. There is no federal counterpart of "registration" for stored firearms.

What Texas Does Not Have

A complete picture of Texas storage law is largely a list of regulations Texas does not impose:

• No general adult safe-storage law. Texas does not require any particular method of storage when only adults reside in or visit the home.
• No standalone child-access prevention law beyond § 46.13. Some states impose civil penalties or strict-liability storage rules even where no child actually gains access. Texas requires actual access plus criminal negligence.
• No mandatory locked-container or trigger-lock requirement. § 46.13's "secure" term lists these as examples of compliant methods, not as the exclusive methods. A reasonable storage step that is not a locked container or trigger lock can satisfy the statute.
• No FFL counseling-literature requirement. Texas dealers post the § 46.13(g) sign. They are not required to distribute lethal-means counseling brochures, safety pamphlets, or signed-statement acknowledgments at the point of sale.
• No firearm-safety-device sales-tax exemption. Texas applies regular sales tax to gun safes and locks.
• No state lost-or-stolen reporting duty for private owners. Federal law requires FFLs to report theft of FFL-inventory firearms (18 U.S.C. § 923(g)(6)). Texas private owners have no statutory mandate to report stolen firearms. Reporting is recommended for civil-liability and recovery reasons but is not legally required.
• No registration of stored firearms. Texas does not maintain a registry of privately owned firearms.
• No LTC storage condition. Holding a Texas LTC does not change your home storage obligations. The Department of Public Safety does not inspect storage practices and does not revoke a license based on home storage.

Storage-Adjacent Texas Offenses to Be Aware Of

Although § 46.13 is the only direct storage rule, several other Texas statutes can become relevant when poorly stored firearms contribute to a separate harm:

The practical point: Texas does not make "unsafe storage" by itself a crime outside the § 46.13 child-access framework. Liability arises, if at all, downstream from a separate harm or from the prohibited-person possession of someone in the household.

Practical Storage Guidance for Texas LTC Holders and Adult Owners

The following recommendations are not Texas law. They reflect general firearm-safety best practice taught by NRA-certified, USCCA-certified, and Texas Department of Public Safety LTC instructors. A Texas owner who ignores all of these recommendations violates no statute, provided no child under 17 gains access under § 46.13.

In a home with children under 17, regular child visitors, or anyone prohibited from possession under § 46.04:

1. Store firearms in a locked container (handgun safe, gun safe, or lockbox) when not on your person or under your direct control. This satisfies § 46.13's "secure" definition and is the cleanest defense to a child-access charge.
2. Use a trigger lock, cable lock, or similar device on long-term-storage firearms as a second layer.
3. Store loaded magazines and ammunition separately from firearms not designated for home defense. If the firearm is not "readily dischargeable" (loaded), § 46.13 does not apply.
4. For a designated home-defense firearm, use a quick-access biometric or push-button safe at the bedside if children, teenagers, or any prohibited person resides in or visits the home.
5. Re-evaluate the storage plan whenever household composition changes: a new child, a new roommate, a family member's prohibited status (felony conviction, family-violence misdemeanor, or active protective order), or court-ordered firearm relinquishment.

For an adults-only home with no child visitors and no prohibited persons: Texas law does not require any particular storage method. A nightstand pistol is lawful. Practical risk management still suggests locked storage when the home is unattended (theft is the leading cause of stolen guns) and a quick-access option for the home-defense firearm.

For roommate or family situations involving a prohibited person: § 46.04 puts the criminal exposure on the prohibited person, not on you. As a practical matter, a felon-convicted spouse, family-violence-misdemeanor partner, or person subject to an active protective order under Tex. Fam. Code who has "access" to your firearm can be charged with § 46.04 possession. Locked storage to which only you have the key or combination is the cleanest separation.

LTC and Storage During Prohibited-Places Transit

A Texas LTC holder who carries lawfully under § 46.15 may still encounter prohibited locations under § 46.03 (schools, polling places, courts, secured airport areas, certain government meetings) and may need to leave the firearm in a vehicle while inside. Texas does not impose a specific in-vehicle storage method when the carrier briefly steps away, but as a practical matter:

1. Lock the vehicle. An unlocked car with a visible firearm is the leading source of stolen guns nationally.
2. Keep the firearm out of plain view. § 46.02(a-2) requires concealment of a non-holstered handgun in a vehicle for unlicensed carriers; LTC holders carrying with a holster have more latitude but should still avoid display.
3. Use a lockbox cabled to a seat frame or trunk anchor for any extended absence (workday-long parking at a courthouse or airport).
4. If a child is present in the vehicle when you return, § 46.13 attaches to vehicle storage as well as to home storage. The "secure" requirement is location-agnostic.

See VEHICLE_CARRY for the in-vehicle carry rules generally and TRANSPORT for cross-state and air-travel rules.

Stolen Firearms and Reporting

Texas does not require private firearm owners to report stolen firearms. There is no statutory penalty for failing to report. Reporting is strongly recommended for two reasons: it creates a record that the firearm left your control before any subsequent criminal use (defending against accomplice or transfer-liability inquiries), and it allows law-enforcement entry into the NCIC stolen-gun file for recovery. File the report with the local police department or sheriff's office where the theft occurred.

If you operate as a federal firearms licensee, separate federal reporting rules apply to inventory theft under 18 U.S.C. § 923(g)(6). Those rules do not reach private collections.

Pending or Recent Legislation

As of the 2025 (89th) Texas Legislature regular session, no enacted change has expanded or contracted § 46.13. Bills proposing broader storage requirements have been introduced in recent Texas sessions and have not advanced. The constitutional-carry framework adopted by HB 1927 (87th Legislature, 2021) deliberately moved Texas toward fewer, not more, storage and carry restrictions. A general adult safe-storage law is not on the legislative horizon under current political conditions.

Key Statutes Referenced

Texas law as of the 2025-2026 legislative session imposes no general storage duty on adult firearm owners. Section 46.13's child-access framework, the dealer warning sign under § 46.13(g), and the federal point-of-sale device under 18 U.S.C. § 922(z) are the only storage-touching rules with operative force.

Texas Firearms Transport Beyond the Vehicle

Transporting a firearm through Texas, by car, plane, train, or boat, is governed by federal law primarily and state law secondarily. The federal Firearm Owners' Protection Act, 18 U.S.C. § 926A, gives an interstate traveler a transport defense if the firearm is lawful at origin and destination, unloaded and not readily accessible from the passenger compartment, with ammunition stored separately. Texas imposes no special long-gun transport rule and allows handgun-in-vehicle carry under Tex. Penal Code § 46.02(a-1) for any qualifying adult who is not a prohibited person, not engaged in criminal activity, and not displaying the handgun outside a holster.

This section covers everything beyond the everyday vehicle baseline: federal interstate transit, commercial air, Amtrak, intercity bus, boats, and the federal facility traps that ensnare otherwise lawful travelers. For the basic rule on having a handgun in your own car around Texas, see VEHICLE_CARRY. For where you cannot bring a firearm at all, see PROHIBITED_PLACES. For on-person carry across state lines, see RECIPROCITY.

How Texas transport law fits together

Two state statutes and one federal statute do most of the work.

• Tex. Penal Code § 46.02(a-1) controls handgun carry inside a personal motor vehicle or watercraft. A qualifying person 21 or older (or a Texas LTC holder) may have a handgun in the vehicle if it is not in plain view, or if in plain view it is in a holster on the person.
• Tex. Penal Code § 46.03 lists prohibited places that follow the firearm into and out of a vehicle. The two most relevant for transport are § 46.03(a)(5) (secured area of an airport) and § 46.03(c)(5) (definition of "secured area"). § 46.03(e), (e-1), and (e-2) provide narrow defenses for properly checked baggage and for LTC holders who exit a screening checkpoint immediately upon notification.
• 18 U.S.C. § 926A is the federal Firearm Owners' Protection Act safe-harbor for interstate transport. It preempts hostile state and local laws when the traveler complies with its conditions.

The hard questions arise at three boundaries: state lines (§ 926A), security checkpoints (TSA and § 46.03(a)(5)), and the door of a common carrier (Amtrak, Greyhound, airline tariffs).

In-state vehicle baseline (cross-reference)

For a personal motor vehicle inside Texas with a handgun, the driver must (1) not be a prohibited person under federal law (18 U.S.C. § 922(g) or (n)) or Texas law (§ 46.04), (2) be 21 or older or an LTC holder for § 46.02(a-1) protection, (3) keep the handgun out of plain view unless in a holster, (4) not be engaged in criminal activity beyond a Class C traffic or boating violation, and (5) not be intoxicated outside the narrow § 46.02(a-6) exception.

Long guns. Texas does not criminalize loaded long-gun transport in a personal vehicle as a free-standing offense. Hunting transport is governed by Texas Parks and Wildlife Department regulations, outside the Penal Code. A loaded rifle or shotgun in a personal vehicle on a Texas road is not, standing alone, a § 46 violation.

Full details live in VEHICLE_CARRY. The rest of this section assumes the traveler has cleared that baseline and is moving across a state line, into a secured federal facility, or onto a common carrier.

Interstate transport under 18 U.S.C. § 926A

The federal Firearm Owners' Protection Act preempts state and local restrictions on a person moving a firearm between two states where possession is lawful, provided the journey meets the statute's conditions. § 926A is the only protection a Texas traveler has when the route crosses a state where Texas LTC reciprocity does not apply or where state law is hostile to firearm possession.

You qualify for § 926A if all of the following are true:

• You are not a prohibited person under 18 U.S.C. § 922(g) or (n) or any state law that applies to you.
• You may lawfully possess and carry the firearm at both the start and end of the trip.
• During transport the firearm is unloaded.
• Neither the firearm nor any ammunition is readily accessible from the passenger compartment.
• If the vehicle has no separate trunk (a hatchback, SUV, or pickup), the firearm and any ammunition must be stored in a locked container other than the glove compartment or center console.

Practical notes for Texas travelers:

1. § 926A protects transport, not stopping. Overnight stays, non-emergency hotel layovers, or unrelated errands in a state where possession is unlawful fall outside the safe harbor. New York, New Jersey, Maryland, Massachusetts, D.C., and California have prosecuted travelers who deviated from the safe-harbor configuration.
2. § 926A says any "lawful purpose" and does not require a home destination. A Texas LTC holder driving to a Wyoming hunt through New Mexico and Colorado is in the safe harbor. A Texas resident driving to in-laws in New Jersey is not, because lawful possession at the endpoint is a § 926A predicate.
3. § 926A does not preempt magazine capacity, assault-weapon, or feature-restriction bans along the route. The safe answer is to comply with the most restrictive state's hardware rules for the entire interstate leg.
4. § 926A is a defense, not an affirmative authorization. A traveler stopped in a hostile state during transit may still be detained, charged, and forced to plead the defense in court. Documentation reduces risk: a printout of § 926A, an itinerary showing both endpoints, and a copy of any LTC or destination-state permit kept with the firearm.

A Texas LTC holder driving from Houston to upstate New York has two distinct legal regimes on the route. From Houston to the New York line, Texas law and reciprocity states recognize the LTC for on-person carry. Once into New York, the LTC is not recognized; the only lawful posture is § 926A. An overnight stay in New York takes the trip outside the safe harbor. Most practitioners advise leaving the handgun at home for trips of that type, or routing around hostile states.

A non-resident transiting Texas between two other states needs no more than § 926A compliance to cross. Texas's own vehicle baseline under § 46.02(a-1) is broadly permissive for most adults.

Air travel: TSA, federal aviation security, and § 46.03(a)(5)

Air travel with firearms is governed by federal aviation security law (49 C.F.R. parts 1540 and 1544) and TSA regulations. Texas reinforces federal law through § 46.03(a)(5), which makes it an offense to possess a firearm "in or into a secured area of an airport." § 46.03(c)(5) defines "secured area" as a part of an airport terminal where access is controlled by inspection of persons and property under federal law. The baggage claim area, employee or passenger parking lots, and curbside drop-off areas are not secured areas.

Three rules to internalize:

1. You may not bring a firearm, loaded or unloaded, through a TSA passenger screening checkpoint. Doing so is a federal civil violation with TSA penalties starting at several thousand dollars per offense. It is also an offense under § 46.03(a)(5) at any Texas commercial airport. There is no LTC bypass at the checkpoint itself.
2. You may not carry a firearm in the secure area of an airport, on a jet bridge, or aboard a passenger aircraft as a civilian. This is a federal felony under aviation security law and a state offense under § 46.03(a)(5).
3. You may carry a handgun in the public, unsecured terminal areas (curb, ticketing lobby, baggage claim) under your Texas LTC or under § 46.02(a-1) constitutional-carry authority. The LTC and constitutional-carry authority end at the screening checkpoint.

Texas LTC defense at the checkpoint: § 46.03(e-1) and (e-2)

Texas added two limited safe-harbor provisions for LTC holders who reach a TSA checkpoint armed. They do not authorize bringing a firearm through screening; they limit prosecution under § 46.03(a)(5) when an LTC holder catches the mistake and exits.

• § 46.03(e-1) is a defense to prosecution if (1) the actor possessed a handgun at the screening checkpoint that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code, and (2) the actor exited the screening checkpoint immediately upon completion of the required screening processes and notification that the actor possessed the handgun.
• § 46.03(e-2) prohibits a peace officer from arresting an LTC holder at the checkpoint for a § 46.03(a)(5) offense unless the officer first advises the actor of the (e-1) defense and gives an opportunity to exit.

Practical implication: a Texas LTC holder who forgets a holstered handgun at a TSA line should not surrender it to TSA or argue the rule. The lawful posture is to exit screening immediately upon being told to exit, secure the handgun off-airport, and re-enter unarmed. (e-1) and (e-2) collapse the moment the LTC holder enters the secured side or refuses to exit.

The § 46.03(e-1) defense does not exist for non-LTC carriers under constitutional-carry authority. Constitutional carry stops at the lobby.

How to fly with a firearm lawfully

Firearms travel as checked baggage only:

1. Confirm the firearm is unloaded. § 46.03(e) provides a Texas defense for properly checked baggage.
2. Place the firearm in a hard-sided container only you can unlock. Use a non-TSA lock; soft cases are not acceptable. The traveler retains the only key or combination.
3. Place the locked case inside checked baggage. Some airlines permit the hard case to be checked alone; others require it inside a larger bag. Confirm the airline tariff before traveling.
4. Pack ammunition separately, in original packaging or in a box designed for ammunition. Loose rounds are not permitted. TSA caps ammunition at 11 pounds per passenger absent airline approval.
5. At the airline counter, declare the firearm verbally. The agent will issue a declaration tag for you to sign and place inside the case.
6. Wait at the counter or accompany the bag to TSA inspection if instructed. Lock the case yourself before it goes onto the belt.
7. At your destination, claim the bag at the regular carousel. If the bag is missing or shows tampering, report immediately to airline baggage service before leaving the airport.

Common mistakes. A handgun in carry-on at the X-ray belt is the most common TSA violation nationwide and a constant occurrence at DFW, IAH, AUS, and SAT. A forgotten round in a coat pocket or range bag is the second most common. An "antique firearm" carried in carry-on is not exempt from TSA rules; § 46.01(3)'s antique definition does not control 49 C.F.R. compliance.

Amtrak, intercity bus, and other common carriers

Amtrak. Amtrak permits unloaded firearms in checked baggage on trains with checked-baggage service, including the Texas Eagle and Sunset Limited. The traveler must provide at least 24 hours advance notice at booking, declare the firearm at station check-in, and pack it unloaded in a locked, hard-sided container. Ammunition up to 11 pounds may travel in the same locked container or a separate one. Amtrak bars firearms on trains without checked baggage; the Heartland Flyer (Fort Worth-Oklahoma City) does not permit firearms aboard.

Intercity bus. Carrier policy controls. Greyhound permits unloaded firearms in checked baggage with declaration, locked hard-sided, ammunition separate. Megabus and FlixBus bar firearms entirely. Treat each carrier as a separate contract; violations are contract issues and may also constitute § 30.06 or § 30.07 criminal trespass where posted.

Charter and rental vehicles. A rented car is a "motor vehicle" for § 46.02 purposes. The rental agreement does not change Texas law. An LTC holder or qualifying adult under constitutional-carry authority may carry in a rental the same as in a personal car. Some rental companies prohibit firearms by contract; that is a contract issue, not a criminal one.

Boats and watercraft. § 46.02(a-1) applies to a "motor vehicle or watercraft," and § 46.02(a-3) defines "watercraft" as any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water. In Texas waters, the personal-watercraft baseline mirrors the personal-vehicle baseline. Federal admiralty rules and Coast Guard regulations apply on federal waterways and in international waters beyond the three-mile line.

Federal facilities and the post-office trap

18 U.S.C. § 930 prohibits firearm possession in federal facilities. The prohibition follows the firearm into parking lots and curtilage:

• Federal courthouses. A handgun in a parked vehicle in a federal courthouse lot is a § 930 violation. The Texas LTC provides no defense in any federal facility.
• United States Post Office facilities. USPS regulations (39 C.F.R. § 232.1) prohibit firearms on postal property "for any purpose," and the Fifth Circuit applied the prohibition to the post office parking lot in United States v. Dorosan, 350 F. App'x 874 (5th Cir. 2009). Some district courts have read the regulation more narrowly post-Bruen; the safe answer is to leave firearms off USPS property.
• VA medical facilities and military installations. § 930 and base-specific regulations apply. Drop-off and pickup at a VA hospital with a firearm in the vehicle is a § 930 issue.

The 1,000-foot Gun-Free School Zone Act, 18 U.S.C. § 922(q), exempts holders of state licenses (Texas LTC). Non-LTC constitutional-carry travelers do not have the § 922(q) exemption and should route around K-12 school zones when carrying outside a personal vehicle.

Hunting, range, and out-of-state hunt transport

Texas does not impose a "secure wrapper" or unloaded-and-cased rule for in-state transport. A hunter or shooter driving to a Texas range or hunting lease with rifles, shotguns, and a personal handgun is on the in-state vehicle baseline. The handgun follows § 46.02(a-1); the long guns are not specifically regulated for in-vehicle transport.

A Texas-licensed hunter driving to an out-of-state hunt is on a § 926A interstate trip the moment the route crosses a state line. If both endpoints permit the firearms, § 926A protects the journey. For hunts in Wyoming, Colorado, or Oklahoma, the analysis is straightforward. For New England hunts that route through New York or New Jersey, magazine and feature rules of those states apply during transit. Pre-route the trip to avoid hostile states or comply with the most restrictive state's hardware rules along the entire path.

Out-of-state license holders driving in or through Texas

Texas recognizes any out-of-state concealed handgun license under Tex. Gov't Code § 411.173 and treats out-of-state license holders as LTC equivalents for § 46.02 vehicle carry. A non-resident license holder driving through Texas is in the same posture as a Texas LTC holder for in-vehicle handgun carry.

For a non-LTC, non-resident traveler at least 21, not prohibited, and not engaged in criminal activity, § 46.02(a-1) constitutional-carry authority applies the same as for a Texas resident. A non-LTC, non-resident under 21 needs a recognized out-of-state license, or must transport the firearm under § 926A configuration during the Texas leg.

Texas-specific traps for travelers

• Constitutional-carry stops at the federal facility line. § 46.02(a-1) authority does not extend to federal courthouses, post offices, VA hospitals, or military installations.
• 51% rule for alcohol establishments. § 46.03(a)(7) prohibits firearm possession on the premises of a bar or tavern that derives 51 percent or more of its revenue from on-premises alcohol sales. The TABC posts a red 51% sign at the entrance. A traveler stopping for dinner during transit should screen for the sign.
• Schools, polling places, courthouses. § 46.03(a)(1)-(4) prohibit possession at schools, polling places, courthouses, and racetracks. A vehicle parked in the lot is not "premises" under § 46.03(c)(4), so a firearm locked in the vehicle in the parking lot is not a § 46.03 violation; the handgun on the person crossing into the building is.
• Federal indictment changes the rule under § 922(n). A person under federal indictment for a crime punishable by more than one year may not ship, transport, or receive a firearm in interstate or foreign commerce, regardless of state license status. § 926A does not save a § 922(n) violation.
• Plain-view + non-holstered + public-place display = § 46.02(a-5) offense. Even a qualifying adult who is otherwise lawful under § 46.02(a-1) commits an offense by intentionally displaying a handgun in plain view in a public place if the handgun is not in a holster.

Penalties at a glance

Two lines catch most non-prohibited Texas travelers: accidental TSA checkpoint violations and accidental USPS parking-lot violations. Both are avoidable with a one-minute check before each trip: was every bag and pocket swept for ammunition before leaving for the airport, and is there a federal facility on the day's itinerary that requires firearm storage off-property.

Key statutes reference

Ambiguities and notes

• "Readily accessible" in 18 U.S.C. § 926A is a fact question. The conservative posture is to treat the firearm as inaccessible only when locked in a hard-sided container in the trunk, separate from ammunition.
• § 46.03(e-1) requires the LTC holder to exit the checkpoint immediately upon notification. "Immediately" is not statutorily defined; courts have read it strictly. Any argument with TSA or attempt to surrender the firearm forfeits the defense.
• USPS parking-lot enforcement is in flux post-Bruen. The Fifth Circuit's Dorosan line remains controlling in Texas absent a Supreme Court reversal.
• Texas has no state-law analogue to a loaded-long-gun-in-vehicle prohibition. Loaded long guns in personal vehicles are not, standing alone, a Penal Code violation. Hunting transport is governed separately by Texas Parks and Wildlife regulations.
• Constitutional carry under § 46.02(a-1) does not include the § 46.03(e-1) checkpoint exit defense. Only LTC holders have it.
• Airline tariffs and Amtrak policies update over time. Confirm before each trip.

Source information

• Texas Penal Code Chapter 46: §§ 46.01, 46.02, 46.03, 46.035, 46.15. Scraped from FindLaw 2026-05-08.
• Texas Government Code Subchapter H, Chapter 411: §§ 411.171, 411.172, 411.173. Scraped from FindLaw 2026-05-08.
• 18 U.S.C. § 926A: Federal Firearm Owners' Protection Act interstate-transport safe harbor.
• 18 U.S.C. § 922(q): Gun-Free School Zones Act.
• 18 U.S.C. § 930: Federal facility prohibition.
• 49 C.F.R. parts 1540 and 1544: TSA aviation security rules.
• 39 C.F.R. § 232.1: USPS conduct on postal property.
• United States v. Dorosan, 350 F. App'x 874 (5th Cir. 2009): USPS parking-lot prohibition upheld.

Texas Vehicle Carry Laws

In Texas, you may carry a handgun in your motor vehicle if you are 21 or older, not prohibited from possessing a firearm, and the handgun is either concealed or carried in a holster. This applies whether or not you have a License to Carry (LTC). The 2007 "Motorist Protection Act" (HB 1815, codified at Tex. Penal Code § 46.02(a-1)) and HB 1927 of 2021 together make Texas one of the most permissive states in the country for in-vehicle handgun carry.

That bottom-line rule has practical consequences. There is no Texas requirement to unload, case, lock, or stow the handgun. There is no "trunk rule." There is no "lawful purpose" test. The glove compartment, the center console, a door pocket, under the seat, and on your person are all lawful locations for a handgun in a vehicle you own or control. The handgun may be loaded. The only two things § 46.02(a-1) demands of a 21-or-older non-prohibited driver are that the handgun stay either out of plain view or in a holster, and that the driver not be engaged in disqualifying criminal activity or be a member of a criminal street gang.

This section walks through the operative § 46.02(a-1) rule, the long-gun rule, the prohibited-places carve-outs that still apply when your vehicle parks somewhere sensitive, the federal interstate-transport overlay under 18 U.S.C. § 926A, and the practical traffic-stop procedure Texas instructors recommend.

The Operative Rule: § 46.02(a-1)

Tex. Penal Code § 46.02(a-1) is the single statute that governs handgun carry inside a motor vehicle or watercraft you own or control. Reading the statute back as a rule for the driver:

You commit an offense under § 46.02(a-1) only if:

1. The handgun is in plain view, and you are not 21 or older and not a license holder under Subchapter H, Chapter 411, Government Code (LTC), or the handgun is in plain view and not carried in a holster; or
2. You are engaged in criminal activity (other than a Class C misdemeanor traffic or boating offense); or
3. You are prohibited by law from possessing a firearm.

Inverted into a permission rule for the driver who is 21 or older, not engaged in any independent criminal activity, and not a § 46.04 prohibited person:

• A handgun out of plain view (in a glove compartment, console, locked box, under a seat, in a closed bag, or in a holster under a cover garment on your person) is lawful with no further restriction. No holster is required when the handgun is concealed.
• A handgun in plain view is lawful only if it is "carried in a holster." A loose pistol on the passenger seat, on the dashboard, or on the center console without a holster violates § 46.02(a-1)(1).

There is no separate vehicle holster style rule. The pre-2021 LTC requirement for a "shoulder or belt holster" was repealed alongside most of former § 46.035 by Acts 2021, 87th Leg., ch. 809 (H.B. 1927), § 26(10). Any purpose-built handgun holster covering at least the trigger guard satisfies § 46.02(a-1).

The "motor vehicle or watercraft" must be one that "is owned by the person or under the person's control." § 46.02(a-2) tells us that for the broader § 46.02 carry analysis, "premises" includes a recreational vehicle used as living quarters, including a travel trailer, camping trailer, truck camper, motor home, or horse trailer with living quarters. § 46.02(a-3) defines "watercraft" as any boat, motorboat, vessel, or personal watercraft other than a seaplane on water. A rental car you have rented and are driving is "under your control." A friend's car you are borrowing with permission is also "under your control."

Plain View vs. Concealed in a Vehicle

"Plain view" in § 46.02(a-1) is the same casual-observer test courts apply to "concealed" elsewhere in Chapter 46. A handgun is in plain view if it would be readily visible to a person looking into the vehicle in the ordinary course. A handgun in a closed glove compartment is not in plain view, even unlocked. A handgun in an open shoulder bag on the passenger seat with the grip protruding is in plain view. A handgun in a holster on your hip, visible through the driver's window when you reach for the registration, is in plain view, but is "carried in a holster" and falls within the § 46.02(a-1)(1) holster exception.

The Permitless Vehicle Rule Pre-Dates HB 1927

The Texas vehicle exception is older than constitutional carry. HB 1815 of the 80th Legislature (2007), commonly called the "Motorist Protection Act," rewrote § 46.02 to add the predecessor of the current § 46.02(a-1) and ended a long-running ambiguity about whether a non-LTC driver could lawfully keep a handgun in the car. The 2007 statute set the rule that a non-prohibited adult could carry a handgun in a vehicle they owned or controlled, so long as the handgun was concealed and the driver was not engaged in independent criminal activity. HB 1927 of 2021 then extended the same logic to public carry generally, repealed the LTC-specific holster offense in former § 46.035, and rewrote § 46.02(a-1) around the present holster-or-concealed test. The practical effect is that Texas vehicle-carry law has been functionally permitless for nearly two decades; HB 1927 mostly aligned the on-foot rule with the on-the-road rule.

Long Guns in Vehicles

Texas does not regulate long-gun carry in vehicles by a separate statute. § 46.02 reaches "handgun" only, defined in § 46.01(5) as a firearm designed, made, or adapted to be fired with one hand. A non-prohibited adult may transport a rifle or shotgun in a vehicle in any condition (loaded or unloaded, cased or uncased, in the trunk or in the passenger compartment), subject only to the general § 46.03 prohibited-places list and to federal Gun-Free School Zones Act limits.

There is no Texas "long gun in plain view" offense, no "long gun must be unloaded in a vehicle" rule, and no statutory stowage requirement for rifles or shotguns in cars. A Texas hunter may drive home from the deer lease with a loaded rifle on the back seat, lawfully under state law. (Hunting and game-law restrictions in the Parks and Wildlife Code add their own rules for shooting from a vehicle and for transporting in specific seasons; those rules are administrative and outside the scope of this section.)

Intoxication

Tex. Penal Code § 46.02(a-6) makes it an offense for a person to carry a handgun while intoxicated, with two exceptions: while on the person's own property or property under their control or on private property with the owner's consent, or "inside of or directly en route to a motor vehicle or watercraft" the person owns, controls, or has consent to occupy.

In practical terms, an intoxicated person inside their own car is not committing § 46.02(a-6) by being there with a handgun. The exception covers occupants of the vehicle and persons walking from a private space to the vehicle. The exception does not cover a public place. An intoxicated person standing on a public sidewalk with a handgun, even one step away from the car, has lost the exception.

The intoxication exception in § 46.02(a-6) does not authorize driving while impaired. Tex. Penal Code Chapter 49 (DWI) and the Transportation Code apply independently. Operating a motor vehicle while intoxicated is a separate offense regardless of whether a handgun is present.

Prohibited Persons in Vehicles

The vehicle exception does not save a § 46.04 prohibited person. Tex. Penal Code § 46.02(a-7), added in 2021, makes it an offense for a person prohibited under § 46.04(a), (b), or (c) to carry a handgun on or about their person off their own premises, including in a vehicle outside their control. The grade is a felony of the second degree (with a five-year minimum) for § 46.04(a) felons and a felony of the third degree for § 46.04(b) family-violence misdemeanants and § 46.04(c) protective-order respondents.

§ 46.04(a-1) adds a separate offense: a member of a criminal street gang as defined in § 71.01 commits an offense if the person intentionally, knowingly, or recklessly carries a handgun in a motor vehicle or watercraft. The street-gang vehicle offense is a Class A misdemeanor under § 46.04(e). The § 46.02(a-1)(2) statutory text also pulls in any person "prohibited by law from possessing a firearm" as an independent ground for the vehicle offense.

A federally prohibited person under 18 U.S.C. § 922(g) (including persons under qualifying domestic-violence convictions and orders, unlawful drug users, persons adjudicated mentally defective, and aliens unlawfully present) is similarly exposed federally for any handgun carry, in a vehicle or out.

Prohibited Places: When Your Parked Vehicle Becomes a Problem

The § 46.02(a-1) rule lets you carry the handgun in the vehicle. It does not let you take that handgun, in the vehicle, into every place. Tex. Penal Code § 46.03 prohibits "possessing or going with a firearm" on a list of premises. Two § 46.03 definitions reshape how the prohibition reaches a parked vehicle:

• § 46.03(c)(4) defines "premises" as "a building or a portion of a building," and expressly excludes "any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."
• § 46.03(c)(1) (amusement parks) and § 46.03(c)(5) (secured airport areas) carry similar parking-area carve-outs by definition.

The practical effect for vehicle storage:

• K-12 schools. § 46.03(a)(1) prohibits firearms on the "premises" of a school. Because "premises" is the building, the parking lot of a K-12 school is not "premises" of the school for § 46.03(a)(1) purposes, and a handgun left locked inside a parked car in the school lot is not a state-law § 46.03 violation. Federal law is the harder rule here. The Gun-Free School Zones Act, 18 U.S.C. § 922(q), prohibits possession of a firearm within 1,000 feet of K-12 school grounds. Texas LTC holders are exempt under § 922(q)(2)(B)(ii); permitless carriers are not. A non-LTC parent driving a child to a K-12 school with a handgun in the glove compartment commits a federal crime by passing within 1,000 feet of the school, even though Texas law allows the handgun in the car. The LTC is what closes the federal gap.
• Higher education. § 46.03(c)(4) again excludes parking areas from the "premises" definition. The campus parking lot is not § 46.03(a)(1) "premises" of the college. § 411.2031 governs concealed campus carry by LTC holders inside college buildings. A handgun stored in your locked vehicle in a public university parking lot is permissible for both LTC holders and 21-and-older permitless carriers, subject to any private-college restrictions properly noticed under § 30.06.
• Government buildings and courts. § 46.03(a)(3) prohibits firearms on the "premises of any government court or offices utilized by the court." The parking lot is not "premises." A handgun left locked in your vehicle in a courthouse parking garage is not a § 46.03(a)(3) violation. Walking into the courthouse with the handgun is.
• Polling places. § 46.03(a)(2) covers "premises of a polling place." Parking-lot exclusion applies.
• 51% premises (TABC-posted bars and certain alcohol-licensed businesses). § 46.03(a)(7) covers "the premises of" the business. The bar's parking lot is not "premises."
• Hospitals, mental hospitals, nursing facilities, amusement parks, racetracks, correctional and civil commitment facilities. § 46.03(c)(4) parking-area exclusion applies.
• Open meetings of governmental entities under § 46.03(a)(14). The room or rooms where the meeting is held are "premises"; the parking lot is not.

Two § 46.03 offenses are not subject to the building-only "premises" definition:

• Schools (§ 46.03(a)(1)) "grounds or building." § 46.03(a)(1) reaches "the premises of a school or postsecondary educational institution, on any grounds or building owned by and under the control of a school or postsecondary educational institution and on which an activity sponsored by the school or institution is being conducted." On an active sponsored event, the "grounds" extend beyond the building. A parking lot during a high-school football game falls within § 46.03(a)(8) (school sporting events) regardless of the building/parking definition.
• Secured airport areas under § 46.03(a)(5). "Secured area" is defined in § 46.03(c)(5) and excludes baggage claim, the public motor-vehicle parking area, and pickup/drop-off areas. The parked car at long-term parking is outside the secured area; the secured area starts past the TSA screening checkpoint. § 46.03(e-1) gives an LTC holder who inadvertently arrives at the checkpoint with a handgun a defense if the holder exits the checkpoint immediately upon being notified, and § 46.03(e-2) limits the officer's authority to arrest for that conduct without first offering the LTC holder a chance to leave.
• § 46.03(i) clarifies that the 1,000-foot-execution-facility rule in § 46.03(a)(6) does not apply to a person possessing a firearm "while in a vehicle being driven on a public road" or at the actor's residence or place of employment. A driver passing on a public road with a handgun in the car is exempt.

Posted Property: § 30.06 and § 30.07

§ 30.06 (concealed) and § 30.07 (open) are LTC-specific trespass statutes. They prohibit an LTC holder from carrying onto property posted with the prescribed signage. Both are tied to "the premises" of the property and incorporate the general "premises" framework. Most prosecutors and Texas Attorney General opinions treat § 30.06 / § 30.07 as not reaching the parking lot, so a handgun left locked in a vehicle in a posted business's parking lot is not a § 30.06 / § 30.07 violation by an LTC holder. A non-LTC permitless carrier is not subject to § 30.06 or § 30.07 at all (those statutes apply to "license holders" only) but may face general criminal trespass under § 30.05 if asked to leave by the owner or agent and refusing.

Employer parking lots. Texas has a parking-lot statute at Tex. Lab. Code § 52.061 protecting an employee's right to store a lawfully owned firearm in a locked, privately-owned vehicle in a parking area provided by a public or private employer, with several exceptions (school districts, certain federal facilities, certain manufacturing or chemical operations, vehicles owned by the employer). The general rule for most Texas private employers is that they cannot prohibit a lawful firearm stored locked and out of sight in an employee's personal vehicle in the employer parking lot.

Federal Interstate Transport: 18 U.S.C. § 926A

Federal law at 18 U.S.C. § 926A (the Firearm Owners Protection Act, "FOPA") provides an interstate transport defense. A person who may lawfully possess a firearm at the origin and at the destination may transport the firearm through any state, "notwithstanding any provision of any law" of the transit state, if all of the following are true:

• The firearm is unloaded.
• Neither the firearm nor any ammunition is "readily accessible or directly accessible from the passenger compartment."
• If the vehicle has no separate compartment from the passenger area (a hatchback, an SUV, a pickup with no cap), the firearm and ammunition must be in a "locked container other than the glove compartment or console."

§ 926A is most useful to a non-Texas resident driving through Texas to a destination state where they may lawfully possess the firearm. For a Texas resident driving in Texas, § 926A is unnecessary because § 46.02(a-1) already permits handgun carry in the vehicle. § 926A becomes relevant the moment the vehicle crosses into a more restrictive jurisdiction (New Mexico, New York, New Jersey, Illinois, California). The conservative practice for any interstate trip is to plan the route, the container, and the ammunition placement so that § 926A applies through every transit state, regardless of state-specific carry rules.

§ 926A is an affirmative defense. A driver can be arrested in a transit state even when the conditions are met, and must litigate the defense after the fact. Reasonable continuous transit is implied. Long stops, side trips, and stays in transit states risk losing the protection.

Federal Facilities and Postal Property

Two federal overlays apply to vehicle carry independent of Texas law:

• 18 U.S.C. § 930 prohibits possession of a firearm in a federal facility (federal courthouse, federal building open to the public for the purpose of conducting government business). The statute has narrow exceptions for hunting and lawful purposes that do not save general carry. The federal facility's parking lot may or may not be "federal facility" under § 930 depending on the facility's official posting and the layout of the lot.
• 39 C.F.R. § 232.1 (USPS regulation) prohibits firearms on "real property under the charge and control of the Postal Service," which courts have read to include post office parking lots. A handgun stored in a vehicle parked in a post office parking lot is exposed under 39 C.F.R. § 232.1 even though Texas allows the handgun in the car. The conservative practice is to never park an armed vehicle on USPS property; use street parking for post office stops, or carry a separate car key and offload the firearm to a parked vehicle off USPS land before mailing a package.

Watercraft

§ 46.02(a-1) extends to watercraft on the same terms as motor vehicles. § 46.02(a-3) defines "watercraft" as any boat, motorboat, vessel, or personal watercraft other than a seaplane on water. A 21-or-older non-prohibited owner or operator of a boat may carry a handgun on the vessel under the same plain-view-or-holstered rule, including a loaded handgun in a console or holstered on the hip while underway. Federal Coast Guard regulations and certain state-park rules add their own restrictions on specific waters and launches.

Disaster and Emergency Carry

Tex. Penal Code § 46.15(k) provides a separate vehicle-relevant rule. § 46.02 does not apply to a person who carries a handgun while evacuating from an area following the declaration of a state or local disaster, or reentering that area following evacuation, provided not more than 168 hours have elapsed since the declaration (or longer if the governor extends) and the person is not state-or-federally prohibited. The practical effect is that during a hurricane evacuation or wildfire evacuation, a non-21-year-old or otherwise § 46.02-restricted person can lawfully carry a handgun for the limited purpose of evacuation and return.

Traffic-Stop Procedure

Texas instructors converge on a standard procedure for a traffic stop while armed.

1. Pull over promptly. Stop clear of traffic. Turn off the engine and the radio. Lower the driver's window.
2. At night, turn on the dome light before the officer reaches the vehicle.
3. Place both hands on top of the steering wheel. Ask any passengers to keep their hands visible.
4. Wait for the officer to ask for license, registration, and insurance. Do not retrieve documents until asked.
5. If you have an LTC, the pre-2021 display-on-demand duty under former Tex. Gov't Code § 411.205 was REPEALED by HB 1927 (2021) § 26(11). There is no longer a statutory duty to display the LTC. Practical advice is unchanged: cooperate, identify yourself with the driver's license, and answer truthfully if asked whether you are armed. A typical statement when asked: "Officer, I have a handgun in the vehicle (or on my right hip, holstered). My driver's license is in my back pocket. How would you like me to proceed?"
6. If you are carrying permitlessly under § 46.02(a-1), there is no statutory duty to volunteer that you are armed. As a practical matter, calm voluntary disclosure prevents misunderstanding. A typical statement: "Officer, I want to let you know I have a handgun in the glove compartment (or holstered on my hip) under Texas permitless carry. I am 21 and I am not prohibited from possessing a firearm." The officer may ask to secure the handgun during the stop. Comply.
7. Hand the officer only the documents requested. Do not reach toward the firearm or the area where the firearm is stored without specific instruction and a verbal heads-up.

The peace officer has broad authority to disarm a license holder during an encounter for officer safety under Tex. Gov't Code § 411.207. The handgun must be returned to the LTC holder before the encounter ends unless the officer arrests the holder for an offense or determines the holder presents a threat or possesses the handgun unlawfully.

Common Scenarios

Driving home from a gun store with a new handgun. Any condition: in the box on the passenger seat, in a holster on your hip, in the glove compartment loaded. § 46.02(a-1) is satisfied so long as you are 21+, not prohibited, and any plain-view portion of the handgun is in a holster.

Pulling into an elementary school parking lot to drop off your child. State law: the handgun in your locked car is not on school "premises" under § 46.03(c)(4). Federal law: 18 U.S.C. § 922(q) is implicated within 1,000 feet of school grounds. With a Texas LTC, you are exempt under § 922(q)(2)(B)(ii). Without an LTC, you commit a federal felony by driving onto or near the school. Get the LTC if you regularly drive children to a K-12 school.

Pulling into a post office parking lot to mail a package. 39 C.F.R. § 232.1 prohibits the firearm on USPS real property. The locked car in the lot is exposed even though Texas law allows the handgun in the car. Use street parking and walk in unarmed, or skip the post office stop entirely while carrying.

Parking at a courthouse to file paperwork. State law: the parking garage is not "premises" of the court under § 46.03(c)(4). Lock the handgun in the car and walk in unarmed. Federal law: most county courthouses are not "federal facilities." A federal courthouse parking garage is a more conservative call; do not assume the lot is outside § 930's reach.

Driving to a 51% TABC-posted bar. The parking lot is not "premises" under § 46.03(c)(4). Lock the handgun in the car. Walking inside with the handgun is the offense, not parking the armed car.

Crossing into New Mexico on a road trip. § 46.02(a-1) ends at the Texas border. New Mexico has its own rules. If you do not have an LTC recognized in New Mexico, plan the trip under 18 U.S.C. § 926A: handgun unloaded, in a locked container, not in the glove compartment or console, ammunition stored separately. If you have an LTC, check the New Mexico reciprocity status before the trip and carry under whichever rule controls.

Driving evacuating from a hurricane. § 46.15(k) authorizes carry by non-prohibited persons during the evacuation window even outside the normal § 46.02(a-1) parameters, for up to 168 hours from the declaration unless extended.

Penalty Grid

A Class A misdemeanor is punishable by up to one year in county jail and a fine up to $4,000 (Tex. Penal Code § 12.21). A felony of the third degree carries 2 to 10 years and up to a $10,000 fine (§ 12.34). A felony of the second degree carries 2 to 20 years and up to $10,000 (§ 12.33).

Common Questions

Do I need an LTC to keep a handgun in my car? No. § 46.02(a-1) authorizes a 21-or-older non-prohibited person to carry a handgun in a vehicle they own or control, with no license. The handgun must be either out of plain view or carried in a holster.

Can I keep a loaded handgun in the glove compartment? Yes. Texas has no "loaded vehicle" prohibition. A handgun out of plain view (glove compartment, console, locked box, under a seat) is lawful with no holster.

Can I keep a holstered handgun on the passenger seat? Yes, if you are 21+ and not prohibited. The holster satisfies the § 46.02(a-1)(1) plain-view exception.

Can I keep a loose handgun on the dashboard? No. A handgun in plain view in a vehicle must be carried in a holster. The pistol on the dashboard is a § 46.02(a-1)(1) violation.

Can I leave a handgun locked in my car in a school parking lot? State law: yes. Federal law: no, unless you are an LTC holder qualifying for the § 922(q) Gun-Free School Zones Act exemption.

Can I leave a handgun locked in my car in a post office parking lot? No. 39 C.F.R. § 232.1 reaches USPS real property including the lot. Park off USPS land.

Can I carry a long gun loaded in my truck? Yes. § 46.02 reaches handguns only. Long guns are not regulated for in-vehicle carry by Texas state law.

Do I have to tell an officer at a traffic stop that I am armed? No statutory duty. The former LTC display-on-demand rule (former § 411.205) was repealed by HB 1927 (2021) § 26(11). Practical recommendation is calm voluntary disclosure if asked, but there is no statutory duty for either LTC holders or permitless carriers to volunteer the firearm.

Can my employer ban a handgun in my locked car at work? Generally no, under Tex. Lab. Code § 52.061. Most Texas private employers cannot prohibit a lawful firearm stored locked and out of sight in your personal vehicle in their parking area, with narrow exceptions.

Can I drive across Texas with a handgun if I am from out of state? Yes. § 46.02(a-1) is not limited to Texas residents. A 21-or-older non-prohibited person from any state may carry a handgun in their vehicle in Texas under the same rules as a Texas resident. For interstate travel beyond Texas, plan the route under 18 U.S.C. § 926A.

Key Statutes Reference

Ambiguities and Notes

• "In a holster" is not statutorily defined in § 46.02(a-1). Prevailing prosecutor practice and Texas DPS LTC guidance treat any purpose-built handgun holster covering at least the trigger guard as satisfying the rule. A magnetic mount, a "sticky" pad, or a waistband alone is not a holster.
• The "owned by the person or under the person's control" language in § 46.02(a-1) does not reach a passenger in someone else's car who has no control over the vehicle. A passenger relying on the vehicle exception should confirm consent of the owner or operator.
• § 46.03(c)(4) is the critical "premises" carve-out for parking-lot storage on most prohibited-place premises (courthouses, polling places, hospitals, government meetings, 51% bars, racetracks, civil commitment facilities, mental hospitals, nursing facilities). The carve-out does not save you from federal § 922(q) at K-12 schools or from 39 C.F.R. § 232.1 at post offices.
• The "traveling" defense at § 46.15(b)(2) survives in current law but has limited practical use after HB 1927 made § 46.02(a-1) the operative vehicle-carry rule. A 21-or-older non-prohibited driver does not need § 46.15(b)(2). It still matters for under-21 drivers and certain conviction-disqualified drivers in narrow circumstances.
• 18 U.S.C. § 926A is litigated as an affirmative defense. A driver can be arrested in a transit state even when the statute applies. Plan the container, route, and ammunition placement, and carry documentation of the lawful destination.
• Tex. Lab. Code § 52.061 (employer parking-lot firearm storage) has carve-outs for specific employers (school districts, certain federal facilities, certain manufacturing or chemical operations, vehicles owned by the employer). Confirm the employer's status before relying on the statute.

Source Information

• Texas Penal Code, Chapter 46. Last scraped 2026-05-08.
• Texas Government Code, Subchapter H, Chapter 411 (License to Carry). Last scraped 2026-05-08.
• Texas Labor Code § 52.061 (employer parking-lot firearm storage).
• 18 U.S.C. § 922, § 926A, § 930 (federal carry overlay).
• 39 C.F.R. § 232.1 (USPS real property).
• HB 1815, 80th Leg. (2007) (Motorist Protection Act); HB 1927, 87th Leg. (2021) (constitutional carry; § 46.02 rewrite).

Texas Concealed Carry Laws Overview

Texas is a constitutional-carry state. Since September 1, 2021, when HB 1927 (87th Legislature) took effect, qualifying adults 21 and older may carry a handgun openly or concealed in a public place without a permit. The operative provision is Tex. Penal Code § 46.02(a): a person 21 or older who is not a federally prohibited person and is not engaged in criminal activity does not commit Unlawful Carrying of Weapons (UCW) by carrying a handgun on or about the person in a public place. The Texas License to Carry (LTC), issued by the Texas Department of Public Safety (DPS) under Subchapter H, Chapter 411, Government Code, remains available and remains useful. The LTC unlocks reciprocity with most other states, exempts the holder from a NICS check at the point of purchase, and grants access to LTC-only carve-outs in Tex. Penal Code § 46.03 and § 46.035.

If you are a Texas adult who can pass a federal background check:

• Carry without a permit: lawful for handguns at age 21+ under § 46.02(a).
• Carry with a permit: also lawful, with extra location access and reciprocity benefits under § 411.171 et seq. and § 46.15.
• Open carry: legal for handguns (in a holster) and for long guns. § 46.02(a-5) and § 46.035(a) require a holster for any plain-view handgun in public.
• Vehicle carry: lawful at age 21+ under § 46.02(a-1), if the handgun is not in plain view unless holstered and the carrier is not engaged in criminal activity or prohibited.

Deep dives live in PERMIT BASICS, APPLICATION PROCESS, TRAINING REQUIREMENTS, PROHIBITED PLACES, VEHICLE CARRY, USE OF FORCE, CASTLE DOCTRINE, RECIPROCITY, and PREEMPTION.

Constitutional Carry: Who Qualifies and What It Covers

HB 1927 (87th Leg., 2021) rewrote § 46.02. The statute no longer makes it a per se offense for a non-prohibited adult to carry a handgun in public. Under § 46.02(a), a person commits UCW only when three conditions converge: the person carries a handgun on or about the person; the person is under 21 or has been convicted in the preceding five years of a listed offense (§ 22.01(a)(1) Class A assault, § 22.05 deadly conduct, § 22.07 terroristic threat, or § 42.01(a)(7) or (8) disorderly-conduct discharge or display); and the person is not on premises the person owns or controls and is not in or directly en route to a vehicle or watercraft the person owns or controls. An adult 21 or older with a clean record under those listed offenses does not commit UCW just by carrying.

§ 46.02(a-5) creates a separate offense for intentional plain-view display of a handgun in a public place, with an exception when the handgun is carried in a holster. That is the practical Texas open-carry rule: open carry is lawful, but the handgun must be holstered. § 46.02(a-6) adds an offense for carrying a handgun while intoxicated, with exceptions for the carrier's own property, private property with consent, and a vehicle or watercraft owned by or under the carrier's control. Carrying intoxicated in public is an offense regardless of LTC status.

§ 46.02(a-7) adds a felony-level offense for any person who carries a handgun while prohibited from possession under § 46.04(a) (felons during the five-year post-release period, and after that period anywhere off the premises where the person lives), § 46.04(b) (certain Class A misdemeanor family-violence convictions during the five-year disability period), or § 46.04(c) (persons subject to qualifying protective orders). A § 46.02(a-7) offense is a second-degree felony with a five-year minimum on a § 46.04(a) predicate, and a third-degree felony on a § 46.04(b) or (c) predicate.

What the Texas LTC Still Buys You

HB 1927 did not eliminate the LTC. The LTC is the affirmative authority where § 46.02 alone is not enough. A Texas LTC operates as a federal NICS-alternative permit at the dealer counter; without an LTC, every dealer purchase requires a NICS check. The LTC also travels: Texas honors LTCs from other states under § 411.173, and the Texas LTC is honored by roughly three dozen jurisdictions. Permitless carry under § 46.02(a) does not travel.

§ 46.15 lists exemptions from § 46.02 and § 46.03 for license-holding judges, prosecutors, court bailiffs, retired peace officers, and volunteer emergency-services personnel. Most of those exemptions assume an LTC. § 46.03(a)(1)(B) lets a postsecondary-institution license holder carry a concealed handgun on grounds and in passenger transportation vehicles where unlicensed carry would otherwise be an offense; the campus-carry framework in § 46.03(a-3) and (a-4) operates only against license holders. § 46.035 (Unlawful Carrying of Handgun by License Holder) governs license holders in posted locations, alcohol establishments, and similar venues. § 46.035(a) makes intentional plain-view display in public an offense for license holders, with an exception for a holstered handgun (or a holstered handgun in a vehicle).

For instructors: tell students constitutional carry is the floor, not the ceiling. The LTC remains the practical tool for interstate travel, point-of-purchase friction, and college-campus carry.

LTC Eligibility (§ 411.172)

Under Tex. Gov't Code § 411.172(a), an LTC applicant must be a Texas legal resident for the six-month period preceding the application (or eligible as a non-resident under § 411.173(a)) and at least 21 years of age. The applicant must have no felony conviction; must not be under information or indictment for a felony, a Class A or Class B misdemeanor, or disorderly conduct under § 42.01; must not be a fugitive from justice; must not be a chemically dependent person or incapable of exercising sound judgment with respect to handgun use and storage; must not have been convicted in the preceding five years of a Class A or Class B misdemeanor or § 42.01 disorderly conduct; must be fully qualified to purchase a handgun under federal and state law; must not be delinquent in child support or in state or local taxes; must not be currently subject to a protective order or qualifying spousal-relationship restraining order; must not have been adjudicated within the preceding 10 years for delinquent conduct violating a felony-grade penal law; and must not have made a material misrepresentation in the application.

§ 411.172(b) defines "felony" to include any state-designated felony, any offense containing all the elements of one, and any offense punishable by one year or more in a penitentiary. § 411.172(c) creates a chemical-dependency presumption from two convictions within 10 years of a Class B misdemeanor or greater involving alcohol or a controlled substance as a statutory element. § 411.172(d) and (e) define "incapable of exercising sound judgment" by reference to specific psychiatric diagnoses, psychiatric hospitalization, recent inpatient substance-abuse treatment, and listed conditions (schizophrenia, bipolar disorder, chronic dementia, intermittent explosive disorder, antisocial personality disorder, and others). § 411.172(f) provides a remission off-ramp on a licensed psychiatrist's certificate.

§ 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), was discharged under honorable conditions if discharged, and meets all other § 411.172(a) requirements except the federal minimum age to purchase. § 411.172(i) authorizes an LTC for an applicant 18 to 20 who is protected under an active Title 4 Family Code or Subchapter A, Chapter 7B, Code of Criminal Procedure protective order, or an Article 17.292 magistrate's emergency-protection order. § 411.172(h) preserves the federal floor: the LTC at 18 does not unlock dealer purchases at 18.

How the Application Works (§ 411.174)

The application packet under Tex. Gov't Code § 411.174 must include a completed DPS application form, photographs meeting DPS specifications, certified proof of age, proof of Texas residency, two complete sets of legible and classifiable fingerprints, a $40 nonrefundable application and license fee, evidence of handgun proficiency, an applicant affidavit attesting that the applicant has read and understands the criminal provisions of Subchapter H and the deadly-force law and meets all § 411.172 eligibility requirements, and a signed authorization for DPS to inquire into noncriminal-history records. § 411.174(b) requires criminal-history record information, drug or alcohol treatment history within the preceding five years, and any psychiatric-hospital history. § 411.174(d) bars DPS from requesting the applicant's Social Security number. DPS issues or denies the LTC under § 411.177 within 60 days after receipt of the completed application, fingerprints, and proficiency evidence. The 60-day clock can be extended by a § 411.188(k) instructor proficiency-disapproval recommendation.

Training (§ 411.188)

The handgun proficiency course required by Tex. Gov't Code § 411.188 has two parts. The classroom part is 4 to 6 hours of instruction on the laws relating to weapons and the use of deadly force, handgun use and safety (including restraint holsters and the secure carrying of openly carried handguns), nonviolent dispute resolution, and proper storage practices for handguns with an emphasis on storage that eliminates accidental injury to a child. The classroom may be delivered in person by a qualified handgun instructor or online through a DPS-approved online course provider. The range part may be administered only by a qualified handgun instructor. The proficiency examination has a written section on the classroom subjects (which may be administered online through a secure portal) and a physical demonstration of proficiency. § 411.188(d-1) requires applicants who took the classroom online to complete 1 to 2 hours of in-person range instruction before the physical demonstration. § 411.190 governs qualified handgun instructors and approved online course providers (TCOLE or Chapter 1702 certified, nationally accepted instructor-school graduates, or NRA-certified instructors); certifications expire on the second anniversary.

Open Carry, Long Guns, Vehicle Carry

Open carry of a handgun in a holster has been lawful for LTC holders since January 1, 2016 (HB 910, 84th Leg., 2015). Permitless adults 21+ gained the same authority on September 1, 2021, under HB 1927. The handgun must be carried in a holster. Any handgun carried in public outside a holster and intentionally displayed in plain view is a § 46.02(a-5) offense for permitless carriers and a § 46.035(a) offense for license holders.

Long guns are not regulated by § 46.02. Open carry of a long gun by a non-prohibited adult is generally lawful in Texas, though it can support a disorderly-conduct charge under § 42.01(a)(8) if displayed in a manner calculated to alarm. § 46.03 prohibited locations apply equally to long guns and handguns.

§ 46.02(a-1) treats motor-vehicle and watercraft carry as a separate offense framework. A person commits an offense if the person carries a handgun in a vehicle or watercraft owned by or under the person's control at any time the handgun is in plain view, unless the person is 21 or older (or licensed) and the handgun is in a holster. The offense also applies if the person is engaged in criminal activity (other than a Class C traffic or boating violation) or is prohibited from possessing a firearm. Practical translation: an adult 21+ who is not prohibited can carry a loaded handgun in a vehicle. If the handgun is in plain view, it must be holstered. If concealed (under the seat, console, or in a bag), the holster requirement does not apply. § 46.02(a-2) extends "premises" to include a recreational vehicle being used as living quarters.

Self-Defense Framework (§ 9.31, § 9.32)

Texas codifies both the Castle Doctrine and Stand Your Ground in Chapter 9 of the Penal Code.

§ 9.31. Self-Defense

Under § 9.31(a), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief is presumed reasonable if the actor (1) knew or had reason to believe that the person against whom force was used unlawfully and with force entered or was attempting to enter the actor's occupied habitation, vehicle, or place of business or employment, unlawfully and with force removed or attempted to remove the actor from the same, or was committing or attempting aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery; (2) did not provoke the person against whom force was used; and (3) was not otherwise engaged in criminal activity (other than a Class C traffic violation) at the time. § 9.31(b) lists when force is not justified: verbal provocation alone; resisting a peace officer's lawful or unlawful arrest or search (subject to the § 9.31(c) excessive-force exception); consent to the exact force used; provoking the other's use of force (subject to a clean-abandonment exception in § 9.31(b)(4)); or seeking an explanation from or discussion with the other person while carrying a weapon in violation of § 46.02 or possessing a prohibited weapon under § 46.05. The § 9.31(b)(5) bar matters: a person carrying unlawfully under § 46.02 cannot rely on § 9.31 to justify force used during a confrontation the actor sought.

§ 9.32. Deadly Force, Castle Doctrine, Stand Your Ground

§ 9.32(a) makes deadly force justifiable if the actor would be justified in using force under § 9.31 and reasonably believes deadly force is immediately necessary to protect against the other's use or attempted use of unlawful deadly force, or to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

§ 9.32(b) presumes the actor's belief was reasonable if the actor knew or had reason to believe the person against whom deadly force was used unlawfully and with force entered or attempted to enter the actor's occupied habitation, vehicle, or place of business or employment, unlawfully and with force removed or attempted to remove the actor from the same, or was committing or attempting one of the § 9.32(a)(2)(B) offenses; and the actor did not provoke and was not engaged in criminal activity at the time. The Texas Castle Doctrine runs broader than the typical home-only formulation: § 9.32(b)(1) covers occupied habitation, vehicle, and place of business or employment.

§ 9.32(c) eliminates the duty to retreat for a defender who has a right to be present at the location, has not provoked the person against whom deadly force is used, and is not engaged in criminal activity at the time. § 9.32(d) prohibits the finder of fact from considering whether such a defender failed to retreat. The same no-duty-to-retreat structure appears for non-deadly force in § 9.31(e) and § 9.31(f). If you are lawfully present, did not provoke, and are not engaged in criminal activity (which includes carrying in violation of § 46.02), the jury cannot weigh your failure to retreat against you. If you are unlawfully carrying under § 46.02 or possessing a prohibited weapon under § 46.05, § 9.31(b)(5) yanks the affirmative defense and Stand Your Ground does not apply.

Defense of Property: § 9.41 to § 9.43

§ 9.41 authorizes force (not deadly force) to terminate trespass or unlawful interference with property. § 9.42 authorizes deadly force in defense of property only to prevent imminent commission of arson, burglary, robbery, aggravated robbery, nighttime theft, or nighttime criminal mischief, and only when the actor reasonably believes the property cannot be protected or recovered by any other means or that less-than-deadly force would expose the actor or another to a substantial risk of death or serious bodily injury. § 9.43 extends those rules to defense of a third person's property. Treat the property-defense rule as a high-stakes carve-out, not a general right.

Civil Immunity (§ 83.001, § 86.002)

Two civil-immunity statutes work in tandem with Chapter 9. Tex. Civ. Prac. & Rem. Code § 83.001 provides: "A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable." If the use of force is justified under § 9.31, § 9.32, § 9.41, § 9.42, or § 9.43, the defender is immune from civil suit for the resulting personal injury or death. Tex. Civ. Prac. & Rem. Code § 86.002 bars a claimant convicted of a felony or misdemeanor from recovering civil damages for an injury sustained during the commission of that offense if the injury would not have been sustained but for the commission. § 86.002(b) preserves recovery only for damages arising from an entirely separate act not intended to prevent or apprehend the felony or misdemeanor and not arising from a premises defect or other circumstance to which the claimant was exposed as a result of the criminal conduct. § 83.001 cuts off civil liability when the force was justified; § 86.002 cuts off the attacker's recovery for injuries sustained while committing the predicate offense.

Reciprocity

Texas reciprocity is administered by the Office of the Attorney General and DPS under Tex. Gov't Code § 411.173. The Attorney General negotiates and publishes reciprocity agreements; Texas also honors out-of-state licenses 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, though specific lists shift. Confirm the current list with the Office of the Attorney General before relying on a particular state's status. Permitless carry under § 46.02(a) does not travel. A non-resident in Texas who is 21 or older and not a prohibited person is covered by § 46.02(a) on Texas soil; a Texas resident leaving the state needs the LTC for protection in the destination state. The full state-by-state matrix lives in the RECIPROCITY section.

Federal Law Sits On Top

Federal restrictions apply in Texas regardless of state authority. 18 U.S.C. § 922(g) prohibits felons, persons subject to qualifying domestic-violence protective orders, persons with misdemeanor crime of domestic violence convictions, unlawful drug users, and others from possessing firearms in or affecting interstate commerce. Texas § 46.04 incorporates many of these. 18 U.S.C. § 930 criminalizes possession in a federal facility regardless of LTC. 18 U.S.C. § 922(q) (Gun-Free School Zones Act) restricts possession within 1,000 feet of a school, with a license-holder exception inside the licensing state. 18 U.S.C. § 926A protects interstate transport of an unloaded firearm. 18 U.S.C. § 926C (LEOSA) authorizes carry by qualified retired law-enforcement officers; § 46.15(a)(5) recognizes that exemption. Under the National Firearms Act (26 U.S.C. § 5801 et seq.), suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, and "any other weapons" require federal registration in the National Firearms Registration and Transfer Record (NFRTR). § 46.05(a)(1) cross-references that registry: explosive weapons, machine guns, and short-barrel firearms are state-prohibited unless registered in the NFRTR or otherwise not subject to registration.

Prohibited Places, Briefly

§ 46.03 lists locations where carry is prohibited regardless of LTC status (subject to listed defenses): schools and postsecondary educational institutions (except as authorized by written regulations of the school or institution), 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%+ of revenue from on-premises alcohol consumption), high school, collegiate, or professional sporting events, correctional and civil-commitment facilities, hospitals, nursing facilities, and mental hospitals (without written authorization), amusement parks, and open meetings of governmental entities (with proper notice). § 46.035 imposes additional rules on license holders carrying in posted locations and at certain establishments. The full list of prohibited places, the campus-carry framework under § 411.2031, and the § 30.06 / § 30.07 effective-notice requirements live in PROHIBITED PLACES.

State Preemption

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 (such as discharge ordinances, zoning and land-use regulation, and sport shooting range hours), a municipality may not adopt or enforce a firearms regulation. The full preemption analysis, including the 2023 § 229.001 amendments and litigation, lives in PREEMPTION.

Numbers a Student Asks About

• Constitutional carry trigger: September 1, 2021 (HB 1927, 87th Leg.).
• Open carry of handguns trigger: January 1, 2016 (HB 910, 84th Leg.). Holster required.
• Permitless carry minimum age: 21 under § 46.02(a).
• LTC minimum age: 21 under § 411.172(a)(2); 18-to-20 pathways under § 411.172(g) and (i).
• LTC application fee: $40 under § 411.174(a)(6).
• LTC initial term: 5 years (DPS rule under § 411.183).
• Classroom: 4 to 6 hours under § 411.188(b); online classroom requires 1 to 2 hours in-person range under § 411.188(d-1).
• DPS decision deadline: 60 days under § 411.177.
• Civil immunity: Tex. Civ. Prac. & Rem. Code § 83.001 and § 86.002.

Texas is constitutional-carry for adults 21 and older under § 46.02(a), with a holster requirement for plain-view carry. The LTC is preserved under Subchapter H, Chapter 411, Government Code, and remains the practical tool for reciprocity, point-of-purchase NICS exemption, campus carry, and § 46.15 carve-outs. The Castle Doctrine in § 9.32(b) covers habitation, vehicle, and place of business or employment. Stand Your Ground is in § 9.32(c) and (d). Felony unlawful possession is in § 46.04, with the upgraded carry-while-prohibited offense in § 46.02(a-7).

Texas License to Carry (LTC) Permit Basics

Bottom Line

Texas has been a permitless-carry state since House Bill 1927 took effect September 1, 2021, but the License to Carry a handgun (LTC) remains a valuable credential. The LTC is issued by the Texas Department of Public Safety (DPS) under Tex. Gov't Code § 411.171 et seq. It costs $40 for an original or renewed license (waived for active military and recently discharged veterans, reduced by $5 at renewal for applicants 60+), runs roughly 5 years ending on a birthday, and requires a 4 to 6 hour classroom course plus a range qualification by a DPS-certified instructor. Even with constitutional carry, an LTC unlocks reciprocity in roughly three dozen states, exempts the holder from the NICS check at handgun purchase under 18 U.S.C. § 922(t), and preserves carve-outs in Tex. Penal Code § 46.035 that limit where a licensed carrier can be charged. The application is built around § 411.172 (eligibility), § 411.174 (application), § 411.177 (60-day issuance), and § 411.188 (proficiency course).

Issuing Authority

Texas runs a single statewide licensing system. § 411.174(a) requires applicants to submit to the director's designee described in § 411.176. In practice, DPS runs the LTC program through its Regulatory Services Division. Applications, fingerprints, and supporting documents are submitted through the DPS LTC portal, with fingerprints captured by IdentoGO or another DPS-approved vendor. There is no county sheriff or municipal piece of the licensing decision.

Texas is shall-issue by statutory design. § 411.177(a) says it directly: "The department shall administer the licensing procedures in good faith so that any applicant who meets all the eligibility requirements and submits all the application materials shall receive a license," and "the department may not deny an application on the basis of a capricious or arbitrary decision by the department."

Eligibility

Tex. Gov't Code § 411.172(a) sets the eligibility test. To receive an LTC, you must satisfy all fourteen of the following:

• You are a legal resident of Texas for the six-month period preceding the date of application, or you qualify under the non-resident procedure in § 411.173(a).
• You are at least 21 years of age, with the military and protective-order carve-outs in § 411.172(g) and (i) discussed below.
• You have not been convicted of a felony. The lifetime felony bar is absolute under Texas law, with no time limit.
• You are not currently charged with a felony (under information or indictment), a Class A or Class B misdemeanor, or a disorderly-conduct offense under Tex. Penal Code § 42.01.
• You are not a fugitive from justice for a felony or a Class A or Class B misdemeanor.
• You are not a chemically dependent person as defined by § 411.171(2). Two convictions within the preceding 10 years for a Class B misdemeanor or greater that has alcohol or a controlled substance as a statutory element conclusively establishes chemical dependency under § 411.172(c). Other evidence can also establish it.
• You are not incapable of exercising sound judgment with respect to the proper use and storage of a handgun. § 411.172(d) defines this in mental-health terms (qualifying psychiatric disorders that substantially impair judgment, mood, perception, impulse control, or intellectual ability; physician-determined incompetence; or a not-guilty-by-reason-of-insanity plea). § 411.172(e) treats certain events as evidence of a qualifying disorder, including involuntary commitment, inpatient psychiatric or substance-abuse treatment in the preceding five years, a physician diagnosis of dependence in the preceding five years, or any-time diagnosis of schizophrenia or delusional disorder, bipolar disorder, chronic dementia, dissociative identity disorder, intermittent explosive disorder, or antisocial personality disorder. § 411.172(f) provides a remission pathway: a psychiatrist's certificate stating the condition is in remission and not reasonably likely to redevelop restores eligibility.
• You have not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Tex. Penal Code § 42.01. The five-year clock runs from the date of the conviction, not the offense date or release date.
• You are fully qualified under applicable federal and state law to purchase a handgun. This sweeps in the entire 18 U.S.C. § 922(g) federal prohibitor list (felony conviction, fugitive status, controlled-substance use, mental commitment, undocumented status, dishonorable discharge, renunciation of citizenship, qualifying domestic-violence misdemeanor, active protection order). A federal-law disqualifier alone disqualifies the applicant even if no state-law disqualifier would.
• You have not been finally determined to be delinquent in child support administered or collected by the Office of the Attorney General.
• You have not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, a local tax collector, or any agency or subdivision of the state.
• You are not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship (other than a property-only restraining order).
• You have not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony. This is the juvenile-adjudication bar.
• You have not made any material misrepresentation, or failed to disclose any material fact, in an application submitted under § 411.174.

The "convicted" definition in § 411.171(4) is broad: it includes a deferred adjudication unless the deferred adjudication has been expunged, pardoned, or otherwise vacated, set aside, annulled, invalidated, voided, or sealed.

18-to-20 carve-out for military and protective-order applicants

The default age floor is 21, but Texas opens two narrow doors for 18-to-20-year-olds.

Active or veteran military. Under § 411.172(g), an applicant who is at least 18 but not yet 21 is eligible if the applicant is a member or veteran of the U.S. armed forces (including reserves and national guard) and, if discharged, was discharged under honorable conditions, and otherwise meets every other eligibility requirement. § 411.172(h) makes clear this Texas eligibility does not change the federal handgun-purchase floor at 21 under 18 U.S.C. § 922(b)(1); the LTC does not create a federal purchase right.

Protected-person applicants. Under § 411.172(i), an applicant who is at least 18 but not yet 21 is eligible if the applicant is protected under an active protective order issued under Title 4, Family Code, an active protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, or an active magistrate's order for emergency protection under Article 17.292, Code of Criminal Procedure. This was a 2021 addition driven by domestic-violence advocacy and gives a young adult under an active protective order the ability to obtain a Texas LTC for self-protection.

Non-Resident Licenses

Texas issues LTCs to out-of-state residents under § 411.173(a). Eligibility is identical to the resident track. The only difference is procedural: DPS adopts a separate application path and charges a fee sufficient to cover the criminal-history check on a non-resident applicant. A non-resident LTC expires under § 411.183 and renews under § 411.185 the same way a resident license does. The non-resident path also covers a person who has relocated to Texas with the intent to establish residency but has not yet completed the six-month residency window in § 411.172(a)(1). § 411.173(b) and (c) handle the reverse: the Governor negotiates reciprocity for other states' licenses, and the Texas Attorney General submits an annual report by January 1 listing recognized states. The full list lives in the RECIPROCITY section.

What the Application Asks For

§ 411.174 sets the contents of the application. Every applicant must submit to the DPS director's designee:

1. A completed application on the DPS form, which captures full name, place and date of birth, race, sex, residence and business addresses for the preceding five years, hair and eye color, height and weight, driver's-license or DPS-ID number, criminal-history information (arrests, charges, indictments, and dispositions), and any history of treatment, commitment, or residence in a licensed drug or alcohol treatment center in the preceding five years or in a psychiatric hospital at any time.
2. One or more photographs meeting DPS specifications.
3. A certified copy of the applicant's birth certificate or other certified proof of age.
4. Proof of residency (Texas residency for residents; out-of-state residency for non-resident applicants).
5. Two complete sets of legible and classifiable fingerprints, taken by an entity employed by or designated by a law-enforcement agency. In practice, this is IdentoGO.
6. A nonrefundable $40 application and license fee paid to DPS, subject to the fee waivers and reductions below.
7. Evidence of handgun proficiency in the form required by DPS, meaning the completion certificate from a qualified handgun instructor under § 411.188.
8. A signed affidavit that the applicant has read and understands every provision of the LTC subchapter that creates an offense and every provision of state law related to the use of deadly force (so the applicant cannot later claim ignorance of Tex. Penal Code Chapter 9 or Chapter 46), and that the applicant satisfies every eligibility requirement under § 411.172.
9. A records-authorization form allowing DPS to inquire into noncriminal-history records necessary to determine eligibility under § 411.172(a).

Two anti-overreach provisions: under § 411.174(d), DPS may not request or require the applicant's Social Security number, and under § 411.174(b-1), the application must reserve space for veteran-designation information under § 411.179(e).

The Proficiency Course

§ 411.188 is the training spine of the LTC. The course has two parts:

Classroom instruction. Under § 411.188(b), the classroom portion must run not less than four hours and not more than six hours, covering: (1) weapons and use-of-deadly-force law, (2) handgun use and safety (including restraint holsters and secure carry of openly carried handguns), (3) nonviolent dispute resolution, and (4) proper storage practices, with an emphasis on storage that prevents accidental injury to a child. § 411.188(c) authorizes an approved online course provider to administer the classroom portion online with the same four-to-six-hour duration.

Range instruction and proficiency demonstration. Under § 411.188(b) and (d), only a qualified handgun instructor (not an online provider) may administer the range instruction and the physical demonstration. For an applicant who took the classroom portion online, § 411.188(d-1) requires the instructor to put the applicant through one to two hours of in-person range instruction before the proficiency demonstration. Test results are sent to DPS and retained under § 411.188(f).

The course is not waivable by prior military, law-enforcement, or out-of-state training. § 411.188 contains no grandfather pathway. Detail on course content and qualified-instructor requirements lives in TRAINING_REQUIREMENTS.

Under § 411.188(k), a qualified handgun instructor may submit a written recommendation for disapproval, supported by affidavit. DPS may rely on it only if the recommendation is made in good faith and is supported by a preponderance of the evidence, and must rule within 45 days; the 60-day issuance clock is extended one day for each day the recommendation is pending.

Issuance Timeline

§ 411.177(b) sets a hard 60-day deadline. Within 60 days of receipt of a complete application, DPS must (1) issue the license, (2) notify the applicant in writing of denial citing § 411.172, an affidavit under § 411.176(c), or an instructor affidavit under § 411.188(k), or (3) notify the applicant in writing that DPS cannot make a determination within the 60-day window, with an explanation and an estimated additional period.

§ 411.177(b-1) carves out an expedited 10-day track for applicants who simultaneously apply for the qualifying-judge or qualifying-prosecutor designation under § 411.184. Most applicants do not qualify.

§ 411.177(c) is a backstop: if DPS fails to issue or deny for more than 30 days after the deadline in subsection (b), the inaction constitutes a denial the applicant can appeal. The statute does not auto-issue the license.

§ 411.177(d) confirms that a license is effective from the date of issuance, not the date of application.

Term and Validity

§ 411.183 pegs expiration to the holder's birthday rather than to a flat anniversary of issuance.

• Original license (§ 411.183(a)). Expires on the earlier of the holder's first birthday occurring after the fourth anniversary of issuance, or the expiration of lawful presence in the United States. If the holder has no definite lawful-presence expiration, the license expires on the first anniversary of issuance. In plain numbers, an original LTC runs roughly four to five years, depending on how close issuance is to the holder's birthday.
• Renewed license (§ 411.183(b)). Expires on the earlier of the holder's birthday five years after the expiration of the previous license, or the expiration of lawful presence. The practical result is a clean five-year renewal cycle keyed to the holder's birthday.
• Duplicate or modified license (§ 411.183(c) and (d)). Expires on the date the underlying license would have expired, with a narrow exception under § 411.181(a-1).

Published DPS materials commonly summarize this as "5 years," which is accurate for the practical renewal cadence. The strict statutory language is the birthday-anniversary formula.

Renewal

§ 411.185(a) lays out the renewal mechanics. To renew, the license holder must, on or before the date the license expires, submit:

1. A renewal application on the DPS form (which updates the original-application information under § 411.185(b)).
2. Payment of a nonrefundable renewal fee of $40, subject to the senior reduction in § 411.195 and the military and veteran waivers in § 411.1951.
3. The informational form prescribed by DPS describing state law on the use of deadly force and the places where carry by an LTC holder is unlawful, signed or electronically acknowledged by the applicant.

DPS administers renewal online or by mail under the procedure adopted under § 411.185(f). DPS is required by § 411.185(d) to mail the license holder a renewal notice, the renewal application, and the informational form at least 60 days before expiration; that mailing is a courtesy, not a substitute for the holder's own renewal obligation.

Decision deadline (§ 411.185(e)). DPS must issue the renewed license or deny the application within 45 days of receiving complete renewal materials. There is no proficiency-course retake on renewal; § 411.188 training is required for the original license only, and the renewal under § 411.185 does not require classroom or range repetition. The renewal cadence in Texas is therefore meaningfully cheaper and faster than the original application.

Social-security protection. As with the original application, § 411.185(g) prohibits DPS from requesting or requiring the license holder's Social Security number to renew.

Fee Structure

The headline application and renewal fee is $40. The structure has been reduced substantially since 2017, when the Legislature dropped the original-application fee from $140 to $40. The full schedule:

Notes on the schedule:

• § 411.195 reduces senior fees only for the renewal ($5 off) and for duplicates or modifications (50% off). It does not reduce the $40 original-license fee for applicants 60 or older. Some third-party guides publish a flat "$25 for seniors" figure; the statute does not provide that.
• § 411.1951(b) waives every fee (original, renewed, duplicate, modified) for active-duty members of the U.S. armed forces (including reserves, national guard, and state guard) and for veterans honorably discharged within the preceding 365 days.
• § 411.1951(c) sets a flat $25 fee for veterans more than a year past honorable discharge for original or renewed licenses, and reduces duplicate or modified license fees by 50%.
• The DPS fee under § 411.174(a)(6) covers the full DPS processing including the federal background check. Fingerprinting captured by an outside vendor (typically IdentoGO) is billed separately by the vendor.

Proficiency-course tuition is set by the qualified handgun instructor and is separate from the DPS fee. DPS does not regulate course tuition.

What the LTC Authorizes

The LTC authorizes the holder to carry a handgun (open or concealed) on or about the holder's person, subject to the prohibited-place rules in Tex. Penal Code § 46.03 (statewide-prohibited places) and the LTC-specific rules in Tex. Penal Code § 46.035. Three benefits explain why the LTC is still worth getting after the 2021 permitless-carry change:

• § 46.035 carve-outs. Several § 46.035 sub-sections include affirmative defenses that depend on holding a current LTC. Without the license, those carve-outs don't apply and the underlying § 46.02 or § 46.03 offense may attach. Detail lives in PROHIBITED_PLACES.
• NICS purchase exemption. Under 18 U.S.C. § 922(t)(3), a state-issued carry permit that requires a NICS-equivalent background check at issuance and is no more than five years old exempts the holder from the NICS check at handgun retail purchase. The Texas LTC qualifies. A permitless carrier does not.
• Reciprocity. A Texas LTC is recognized in roughly three dozen other states; HB 1927 permitless carry is Texas-only.

The LTC does not override § 46.03 prohibited places, federal facilities under 18 U.S.C. § 930, the federal Gun-Free School Zones Act under 18 U.S.C. § 922(q), or the carry-while-intoxicated bar in Tex. Penal Code § 46.035(d). Detail on those limits lives in PROHIBITED_PLACES and UNDER_INFLUENCE.

Permitless Carry vs. LTC: Why the License Still Matters

HB 1927 (2021) added § 46.02(a-5) and (a-6), letting an adult who is 21+, not federally prohibited, and not under specified Texas disqualifications carry a handgun in public without a license. The LTC was not displaced. It still provides:

• Reciprocity in approximately three dozen states. Permitless carry is Texas-only.
• NICS purchase exemption under 18 U.S.C. § 922(t)(3) when buying a handgun from an FFL.
• § 46.035 affirmative defenses at certain prohibited-place situations not available to a permitless carrier.
• Faster traffic-stop interactions. The LTC is in DPS records and surfaces on a routine driver's-license check.

The trade-off: a permitless carrier saves the $40 fee, the proficiency-course tuition, and the four-to-six-hour course time. The Legislature deliberately left the choice with the carrier.

Denial, Appeal, and Revocation

If DPS denies an application, § 411.177(b)(2) requires written notice citing § 411.172 (eligibility), an affidavit by the director's designee under § 411.176(c), or an instructor affidavit under § 411.188(k). The applicant has a right to administrative review under § 411.180 and to judicial review in the district court where the applicant resides, in Travis County, or where the cause of action arose. Review is on the agency record.

Revocation is governed by § 411.186. DPS may revoke an LTC if the holder ceases to meet eligibility under § 411.172, was not eligible at the time of issuance, or made a material misrepresentation in the application. Revocation triggers the same review pathway as denial.

Key Texas Statutes Referenced in This Section

Constitutional Carry in Texas

Texas became a constitutional-carry state on September 1, 2021, the effective date of House Bill 1927 of the 87th Legislature, signed by Governor Greg Abbott on June 16, 2021. The new law rewrote Tex. Penal Code § 46.02 so that an adult 21 or older who is not a prohibited person may carry a handgun in public, openly or concealed, without first obtaining a state-issued license. The License to Carry (LTC) issued by the Department of Public Safety under Tex. Gov't Code § 411.172 still exists, and most serious carriers still get one, but the LTC is no longer required for in-state Texas carry.

That is the headline. The rest of this section explains how the statutory rewrite actually works, who qualifies, what permitless carry covers, what it does not change, and why the LTC still matters even though it is technically optional.

The Statutory Framework After HB 1927

Before HB 1927, Tex. Penal Code § 46.02 (Unlawful Carrying Weapons) made it a Class A misdemeanor for any person to carry a handgun in public unless one of a narrow list of exceptions applied. The most-used exception was a valid LTC. HB 1927 inverted the rule. After September 1, 2021, the statute makes carry an offense only when a specific disqualifying condition is present: age under 21, certain recent convictions, criminal-street-gang membership in a vehicle, prohibited-person status under § 46.04, intoxication, or intentional display in public outside a holster.

Read in plain language, the post-HB 1927 § 46.02 says this: an adult 21 or older who is not otherwise prohibited and who is not engaged in any of the listed disqualifying conduct does not commit the offense of unlawful carrying when they carry a handgun in public. There is no longer a license requirement built into § 46.02, and the LTC clause that used to sit at § 46.02(c) was repealed by Acts 2021, 87th Leg., ch. 809 (H.B. 1927), § 26(8).

The operative text in the current § 46.02(a) reads:

"A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and (3) is not: (A) on the person's own premises or premises under the person's control; or (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control."

That structure matters. The conjunction in (a) is "and." All three elements must be present for the offense to attach. Strip out any one of them, and there is no § 46.02(a) violation. An adult 21 or older who has no qualifying conviction in the last five years and who carries a handgun in public satisfies (a)(1) but fails both (a)(2)(A) and (a)(2)(B), so the offense does not apply. That is permitless carry as a matter of statutory construction. There is no separate "constitutional carry act" in Texas. The carry right is built into the absence of a § 46.02(a) violation for qualifying adults.

Who Qualifies for Permitless Carry

You can carry a handgun in Texas without an LTC if you meet all of the following:

• You are at least 21 years of age. § 46.02(a)(2)(A) carves out under-21 carriers. There is no permitless-carry route for 18-to-20-year-olds in Texas. Active-duty military and honorably discharged veterans 18 or older are eligible to apply for an LTC under Tex. Gov't Code § 411.172(g)-(h), but the under-21 statutory bar in § 46.02 still controls anyone outside that LTC pathway.
• You have not been convicted of an offense under Tex. Penal Code § 22.01(a)(1) (assault causing bodily injury), § 22.05 (deadly conduct), § 22.07 (terroristic threat), or § 42.01(a)(7) or (8) (disorderly conduct involving displaying a firearm or discharging a firearm) in the five-year period preceding the date of the instant offense. § 46.02(a)(2)(B). A conviction for any of these in the last five years revives § 46.02 liability even for a 21-year-old adult.
• You are not a prohibited person under federal law. 18 U.S.C. § 922(g) bars firearm possession by convicted felons, persons with qualifying domestic-violence misdemeanor convictions, persons subject to qualifying protective orders, fugitives, unlawful drug users, persons adjudicated mentally defective or committed to a mental institution, persons dishonorably discharged from the armed forces, persons who have renounced U.S. citizenship, and unlawful aliens. Federal prohibitions are unaffected by HB 1927.
• You are not a prohibited person under Tex. Penal Code § 46.04. Section 46.04(a) bars firearm possession by anyone convicted of a felony for the first five years after release (and after that, anywhere except the premises where the person lives). Section 46.04(b) bars possession for five years following release for anyone convicted of a Class A misdemeanor assault involving a family or household member. Section 46.04(c) bars possession by a person subject to a qualifying protective order under Family Code or related provisions. § 46.02(a-7) layers a separate § 46.02 offense on top of the § 46.04 violation, and grades it as a felony.
• You are not a member of a criminal street gang carrying a handgun in a motor vehicle or watercraft. § 46.04(a-1).
• You are not intoxicated. § 46.02(a-6) makes it an offense to carry a handgun while intoxicated, with limited exceptions for the carrier's own property and for vehicles or watercraft the carrier owns or controls.

If any of those conditions fails, permitless carry does not protect you. The fix is not "get an LTC instead." The Texas LTC eligibility floor at § 411.172(a) excludes the same federally and state-prohibited persons, plus people with felonies, recent Class A or Class B misdemeanors, child-support delinquencies, and protective-order subjects. A § 46.04 prohibited person cannot legally possess a firearm at all and cannot fix that with a license.

What Permitless Carry Covers

HB 1927 covers handguns. Both modes of carry are now lawful for qualifying adults:

• Concealed carry of a handgun in public. No license required for adults 21 or older who meet the eligibility criteria above.
• Open carry of a holstered handgun in public. Open carry of a handgun was first legalized for LTC holders in 2016. HB 1927 extended it to permitless carriers. The handgun must be carried in a holster. § 46.02(a-5) makes intentional display of a handgun "in plain view of another person in a public place" an offense, with an explicit exception when the handgun "was partially or wholly visible but was carried in a holster." Practically speaking: openly carry only in a holster.
• Vehicle carry. § 46.02(a-1) governs handguns in a vehicle or watercraft owned or controlled by the carrier. The handgun may not be in plain view unless the carrier is 21 or older or holds an LTC and the handgun is carried in a holster. The carrier must not be engaged in criminal activity (other than a Class C traffic or boating violation) and must not be a person prohibited from possessing a firearm under § 46.04. See the VEHICLE_CARRY section for the full treatment.

Long guns (rifles and shotguns) are not subject to the § 46.02 framework at all. Open carry of long guns was already lawful in Texas before HB 1927 and remains so, subject to the prohibited-places list in § 46.03 and to disorderly-conduct rules.

What Permitless Carry Does Not Change

HB 1927 stripped out the licensing requirement for handgun carry. It left the rest of Texas firearms law intact. The following all still apply.

Prohibited Places Under § 46.03 and § 46.035

Tex. Penal Code § 46.03 lists locations where carrying a firearm is an offense regardless of permit status: schools and educational institutions, polling places on election day, government courts and offices used by courts, racetracks, the secured area of an airport, within 1,000 feet of a place of execution on a designated execution day, and others. Tex. Penal Code § 46.035 adds further restrictions on intoxicated carry, carry on certain premises (51%-alcohol establishments, hospitals, nursing facilities, amusement parks, places of religious worship that have given proper notice), and intentional display of a handgun by an LTC holder.

Permitless carriers are subject to § 46.03 in full and to most of § 46.035. The statutory carve-outs in § 46.035 that apply only to "license holders" do not protect a permitless carrier. The practical effect: an LTC holder has slightly more legal access at certain locations than a permitless carrier does. See the PROHIBITED_LOCATIONS section for the full list.

Federal Prohibitions

Federal law overlays state law. The federal Gun-Free School Zones Act, 18 U.S.C. § 922(q), continues to apply in Texas and prohibits possession of a firearm within 1,000 feet of a K-12 school, with an exemption for license holders carrying within their issuing state. A Texas permitless carrier does not get the § 922(q) license-holder exemption. A Texas LTC holder does. This is one of the more frequently misunderstood points: permitless carry inside Texas does not solve federal school-zone exposure. An LTC does.

Federal prohibitions on possession in federal facilities, post offices, federal courthouses, military installations, and the secure areas of airports apply regardless of state law.

Private Property Posting

Constitutional carry does not override the right of a private property owner to exclude firearms. Three statutes work together:

• Tex. Penal Code § 30.05 (criminal trespass) applies to anyone (license holder or permitless carrier) who enters or remains on property after notice that entry is forbidden, including notice of a firearm prohibition that complies with § 30.05's notice requirements.
• Tex. Penal Code § 30.06 (trespass by license holder with concealed handgun) creates a separate offense for an LTC holder carrying concealed onto property posted with the specific § 30.06 statutory sign or written/oral notice. This statute is on its face limited to "license holders," and post-HB 1927 the relationship to permitless carriers is governed by § 30.05.
• Tex. Penal Code § 30.07 (trespass by license holder with openly carried handgun) is the open-carry analog to § 30.06. Same posting requirements, same statute-on-its-face limitation to license holders.

A practical note: Texas businesses that want to bar permitless carriers as well as LTC holders typically post both the § 30.06/§ 30.07 signs and a § 30.05 firearms-prohibited notice. Treat any firearms-prohibition sign as binding on you whether you are a permitless carrier or an LTC holder. The penalty differences across § 30.05, § 30.06, and § 30.07 do not justify testing them.

Use of Force and Self-Defense

Texas use-of-force law (Tex. Penal Code §§ 9.31, 9.32, 9.33, 9.41, 9.42, 9.43, 9.44) is unaffected by HB 1927. Stand-your-ground, castle doctrine, and defense of property protections apply identically to permitless carriers and LTC holders. The legal standard for justified use of deadly force is independent of how the firearm is carried. See the USE_OF_FORCE section.

Why the LTC Still Matters

The Texas LTC is technically optional for in-state carry. It is not optional for several adjacent purposes that most serious Texas carriers care about:

• Reciprocity in other states. Texas constitutional carry stops at the state line. A Texas LTC, by contrast, is recognized by 36 or more states under reciprocity agreements administered by the Department of Public Safety. If you intend to carry on out-of-state travel, the LTC is the only practical Texas-issued credential that will be honored elsewhere. Permitless-carry status by itself is not portable.
• Federal Gun-Free School Zone exemption. As noted above, 18 U.S.C. § 922(q) exempts license holders carrying inside their issuing state. A Texas LTC fits the exemption. Permitless carry status does not.
• NICS exemption at the point of sale. Federal regulations exempt holders of qualifying state-issued carry licenses from the NICS background check at the point of purchase from a federal firearms licensee. Texas LTC holders qualify. The federal exemption is administered through the Bureau of Alcohol, Tobacco, Firearms and Explosives's published list of qualifying state permits. A permitless carrier purchasing a firearm from an FFL still goes through NICS at every transaction.
• Statutory access at certain LTC-only locations. Several § 46.035 carve-outs apply only to license holders. Examples include certain hospital and amusement-park scenarios where § 46.035 makes carry by a license holder an offense only if posted with specific notice, but treats the same conduct by a non-license-holder under the broader § 46.03 framework.
• Disclosure during traffic stops. LTC holders who are carrying have long-standing voluntary disclosure conventions. The duty to inform under prior law has been narrowed; see the DUTY_TO_INFORM section for the current rule.
• Out-of-state employer or federal-contractor requirements. Some employment contexts require a state-issued carry credential as a condition of carrying on duty. The LTC fills that role.

The instructor framing is clean: treat the LTC as optional for in-state carry and effectively required for out-of-state travel, federal school-zone proximity, and any context that demands a state-issued credential.

Practical Guidance for Texas Permitless Carriers

"Do I need to take a class to carry permitlessly?" No. HB 1927 imposes no training requirement on permitless carriers. Texas still requires training for an LTC under Tex. Gov't Code § 411.188. Training is voluntary by statute and necessary in fact. Permitless carry shifts every legal question about use of force, prohibited locations, and storage onto the carrier alone.

"Can I carry openly without a holster?" No. § 46.02(a-5) makes intentional display of a handgun in plain view in a public place an offense. The exception is a handgun carried in a holster. Holsterless open carry exposes you to a Class A misdemeanor charge.

"Can I carry in my car?" Yes, if you are 21 or older, not federally or state prohibited, and you meet § 46.02(a-1). The handgun cannot be in plain view of others outside the vehicle unless you are 21 or older or hold an LTC and the handgun is in a holster. You cannot be engaged in criminal activity beyond a Class C traffic violation.

"Can I drink and carry?" No. § 46.02(a-6) makes carrying a handgun while intoxicated an offense, with narrow exceptions for your own property and vehicles you own or control. See the CARRYING_UNDER_INFLUENCE section.

"What about K-12 schools?" Off-limits. § 46.03(a)(1) makes possession on the physical premises of a school an offense regardless of carry status. Federal § 922(q) compounds the exposure for permitless carriers within 1,000 feet of a school.

"Am I covered if I'm visiting from another state?" Yes, if you are 21 or older and not prohibited. § 46.02 is not limited to Texas residents. The catch is the return trip: when you cross the state line, the receiving state's law controls.

"What if I'm 18, 19, or 20?" No permitless concealed carry. § 46.02(a)(2)(A) makes it an offense. Active-duty military and honorably discharged veterans 18 or older may apply for an LTC under Tex. Gov't Code § 411.172(g)-(h). Outside that pathway, the under-21 statutory bar applies.

Quick-Reference Table

The Bottom Line for Instructors and Students

Texas permitless carry says one thing clearly: an adult 21 or older who is not a prohibited person and who has no qualifying conviction in the last five years does not need an LTC to carry a handgun in Texas. Everything else, the federal prohibitions, the prohibited locations under § 46.03 and § 46.035, the private property posting rules, the holster requirement for open carry, the vehicle rules, the use-of-force standard, the under-21 bar, and the reciprocity question for out-of-state travel, remains in full force. Treat the LTC as optional for in-state Texas carry and effectively required for serious out-of-state travel, federal school-zone proximity, and NICS exemption at the point of sale. Treat training as voluntary by statute and necessary in fact.

Texas Prohibited Places for Concealed and Open Carry

The bottom line

Texas Penal Code § 46.03 prohibits handgun carry, even by License to Carry (LTC) holders or constitutional carriers, at 14 enumerated locations: accredited K-12 schools, polling places, government court offices, racetracks, secured airport areas, the premises of any business that derives 51 percent or more of its income from on-premises alcohol sales, high school and collegiate sporting events, correctional and civil commitment facilities, hospitals and nursing facilities (with effective notice), mental hospitals, amusement parks, and the meeting rooms of an open meeting of a governmental entity. Federal law adds postal property (39 C.F.R. § 232.1(l)), federal facilities (18 U.S.C. § 930), and the 1,000-foot Gun-Free School Zone (18 U.S.C. § 922(q)). Private property owners can override carry on their premises by giving effective notice under § 30.06 (concealed) or § 30.07 (open).

The two practical traps for a Texas carrier are the 51-percent rule and the § 30.06 / § 30.07 sign system. The 51-percent rule is unforgiving: a felony of the third degree applies even without a posted sign, because the TABC red sign is a separate notice rule, not an element of the offense. § 30.06 and § 30.07 are the trespass-by-license-holder statutes that put a sharp edge on an otherwise permissive carry framework. An LTC holder who walks past a compliant § 30.06 sign has committed a Class C misdemeanor at the threshold, upgraded to Class A if personally told to leave and refusing. A constitutional carrier without an LTC is governed by the general criminal-trespass rule in § 30.05 instead.

Where you cannot carry: the § 46.03 enumeration

§ 46.03(a) is the operative list. Each subdivision describes a "premises" or other property where carry is prohibited regardless of whether the carrier holds an LTC. § 46.03(f) makes the LTC explicitly not a defense, except where § 46.15 or a statute-specific exception says otherwise. § 46.03(b) provides a narrow defense for active-duty military, National Guard, penal-institution guards, and officers of the court (covering only (a)(1) through (a)(4)).

The penalty default is a felony of the third degree under § 46.03(g), punishable under § 12.34 by 2 to 10 years and a fine up to $10,000. Subsection (g-2) downgrades a handgun offense at sporting events, hospitals, nursing facilities, amusement parks, and the campus-display, campus-with-effective-notice, and prohibited-portion-of-campus offenses in (a-2), (a-3), and (a-4) to a Class A misdemeanor. Class A under § 12.21 is up to one year in jail and a fine up to $4,000.

Schools and postsecondary educational institutions: § 46.03(a)(1)

§ 46.03(a)(1) reaches three things: the premises of a school or postsecondary educational institution, any grounds or building owned by and under the control of the school where a school-sponsored activity is being conducted, and passenger transportation vehicles of the institution. "School" means an accredited primary or secondary school. "Postsecondary educational institution" picks up institutions of higher education and private or independent institutions of higher education as defined in Education Code § 61.003.

The K-12 rule is strict. There is no LTC defense on K-12 school premises, on grounds during a sponsored activity, or on K-12 transport. Two written exceptions exist: written regulations of the school, or written authorization from the school. A parent picking up a child has neither unless the school has issued one in writing. Treat any K-12 building or active-event grounds as off-limits regardless of LTC status.

For postsecondary institutions, § 46.03(a)(1)(B) creates the campus-carry carve-out: an LTC holder carrying a concealed handgun (and no other weapon) does not commit the (a)(1) offense on a postsecondary institution's premises, activity grounds, or transportation vehicles. This carve-out is the operative permission slip behind the Government Code § 411.2031 campus-carry framework discussed below.

The "premises" definition: parking is excluded

§ 46.03(c)(4) defines "premises" as "a building or a portion of a building" and excludes "any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area." This is the most important sentence in the statute for a daily carrier. A § 46.03 violation requires entry into the building. A handgun secured in a vehicle in the school's parking lot is not on the school's "premises" for § 46.03 purposes.

The parking-area exclusion applies to all 14 subdivisions in (a). On college campuses, Government Code § 411.2032 reinforces the rule: an institution of higher education may not adopt any rule, post any § 30.06 or § 30.07 sign, or take any action that prohibits or restricts the storage or transportation of a firearm or ammunition in a locked, privately owned vehicle by an LTC holder on a campus driveway, street, parking lot, parking garage, or other parking area.

The federal Gun-Free School Zones Act: 18 U.S.C. § 922(q)

Federal law adds a perimeter rule that does not appear in Texas statutes. 18 U.S.C. § 922(q)(2)(A) makes it a federal offense to knowingly possess a firearm at a place the person knows or has reasonable cause to believe is a school zone. A "school zone" is the grounds of a public, parochial, or private K-12 school and the area within 1,000 feet of those grounds.

§ 922(q)(2)(B)(ii) exempts a person "licensed to do so by the State in which the school zone is located" if the state requires a background check before issuance. Texas LTCs qualify. Permitless carriers do not. A Texas adult who lawfully carries under § 46.02(a) without a permit can still violate § 922(q) inside the 1,000-foot federal zone. § 922(q) is a federal misdemeanor punishable by up to five years.

This is the single biggest legal advantage of holding a Texas LTC. In a typical urban or suburban map, K-12 zones blanket large portions of residential areas. An LTC removes the federal exposure; permitless carry does not.

Polling places, courts, racetracks, and secured airports: § 46.03(a)(2)-(5)

Polling places (§ 46.03(a)(2)). No firearms on the premises of a polling place on the day of an election or while early voting is in progress. No LTC defense. The (b) defense for armed forces, penal-institution guards, and officers of the court reaches this subdivision.

Courts and court offices (§ 46.03(a)(3)). No firearms on the premises of any government court or offices utilized by the court, unless authorized in writing by the court. Reaches both the courtroom and any office utilized by the court (clerks, judges' chambers, court support staff). No LTC defense.

Racetracks (§ 46.03(a)(4)). No firearms on the premises of a racetrack. No LTC defense.

Secured area of an airport (§ 46.03(a)(5)). No firearms in or into a secured area of an airport. § 46.03(c)(5) defines "secured area" as the part of an airport terminal beyond the federal screening checkpoint, plus aircraft parking areas controlled under federal law. The terminal lobby, ticket counter, baggage claim, and passenger pick-up and drop-off areas are not secured areas.

§ 46.03(e-1) gives the LTC holder a defense: presenting at the screening checkpoint with a handgun and exiting immediately upon notification is a defense to (a)(5). § 46.03(e-2) bars arrest for inadvertent (a)(5) carry until the officer advises the carrier of the (e-1) defense and gives the carrier the chance to leave the checkpoint. The practical advice is unchanged: never bring a firearm anywhere near a TSA checkpoint. Federal aviation security law and TSA civil penalties operate independently.

The 51-percent rule: § 46.03(a)(7)

§ 46.03(a)(7) prohibits carry on the premises of a business that holds a TABC permit or license under Chapter 25 (mixed beverage), 28 (mixed beverage with food and beverage certificate), 32 (private club), 69 (retail dealer's on-premise license), or 74 (brewpub) if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the TABC under Alcoholic Beverage Code § 104.06.

The 51-percent threshold is the line. A restaurant that serves alcohol but earns most of its revenue from food is not a § 46.03(a)(7) location. A bar that makes the bulk of its money from drinks is. The TABC issues the determination and requires affected businesses to post the red "51%" sign at every entrance, but the TABC sign is a notice mechanism, not the operative element. The business's status under § 104.06 controls. A carrier who walks in commits the offense whether or not the sign is up.

Penalty: § 46.03(g-2) does not downgrade (a)(7). The (g) default controls, making a 51-percent violation a felony of the third degree. § 46.15(p) provides an LTC-specific defense if the actor was not given effective notice under § 30.06 or § 30.07 (or Government Code § 411.204). In practice a 51-percent business will have both the red sign and a § 30.06 sign. The (p) defense is real for the LTC holder, but the safe rule is to treat any visible alcohol-focused bar as off-limits. A permitless carrier has no (p) defense.

Sporting events, correctional and mental health facilities, hospitals, amusement parks, and government meetings: § 46.03(a)(8)-(14)

Sporting events (§ 46.03(a)(8)). No firearms on the premises of a high school, collegiate, or professional sporting event or interscholastic event. Participant exception for events that use a firearm. § 46.15(q) gives an LTC defense for collegiate events if no § 30.06 or § 30.07 notice was given. The defense does not reach high school or professional events.

Correctional facilities (§ 46.03(a)(9)). No firearms on the premises. No LTC defense.

Civil commitment facilities (§ 46.03(a)(10)). No firearms on the premises. No LTC defense. Class A misdemeanor under (g-2).

Hospitals and nursing facilities (§ 46.03(a)(11)). No firearms on the premises of a hospital licensed under Health and Safety Code Chapter 241 or a nursing facility licensed under Chapter 242, unless the carrier has written authorization of the administration. § 46.15(p) gives an LTC defense if no effective § 30.06 / § 30.07 notice was given. Class A misdemeanor under (g-2).

Mental hospitals (§ 46.03(a)(12)). No firearms on the premises of a mental hospital as defined in Health and Safety Code § 571.003, unless authorized in writing by the administration. No (p) carve-out, so this is stricter than (a)(11).

Amusement parks (§ 46.03(a)(13)). No firearms in an amusement park. The statutory definition in § 46.03(c)(1) is narrow: a permanent facility in a county with a population over one million, at least 75 acres, enclosed with controlled entries, open more than 120 days per year, with security on premises at all times. Most "amusement" venues do not meet that definition; the big Texas theme parks do. § 46.15(p) gives an LTC defense if no effective notice was given. Class A misdemeanor under (g-2).

Open meetings of governmental entities (§ 46.03(a)(14)). No firearms in the room of a governmental entity meeting subject to Government Code Chapter 551 (Open Meetings Act), if the entity provided the chapter's required notice. The (b) defense reaches officers of the court, military, and penal-institution guards. § 46.15(b)(6) extends an LTC carve-out for holstered or concealed handguns.

Campus carry: Government Code § 411.2031 and Penal Code § 46.03(a-2) through (a-4)

Texas allows LTC holders to carry concealed handguns on the campuses of public and private institutions of higher education, subject to a layered set of limits. Government Code § 411.2031(b) is the affirmative permission. § 46.03(a)(1)(B) is the matching exemption from the schools-prohibition statute.

Three statutory wrinkles narrow the rule:

1. Open carry is prohibited on campus. § 46.03(a-2) makes it a Class A misdemeanor for an LTC holder to carry a partially or wholly visible handgun (holstered or not) and intentionally or knowingly display it in plain view of another person on the premises of an institution of higher education or on campus driveways, streets, sidewalks, parking lots, parking garages, or other parking areas. The general open-carry permission in § 46.02(a-5) and § 46.035 does not extend onto a college campus. On campus, conceal it.

2. Private institutions can opt out (§ 46.03(a-3); § 411.2031(e)). A private institution, after consulting with students, staff, and faculty, may adopt rules prohibiting LTC handgun carry on campus. If the institution gives effective § 30.06 notice, an LTC holder commits a Class A misdemeanor by carrying on that campus. Most large Texas private universities (Baylor, TCU, SMU, Rice) have opted out.

3. Public institutions can carve out specific premises (§ 46.03(a-4); § 411.2031(d-1)). A public institution's president must establish "reasonable rules, regulations, or other provisions" regarding concealed carry on campus, after consultation with students, staff, and faculty. The institution may not adopt rules that "generally prohibit or have the effect of generally prohibiting" LTC carry, but it may carve out specific portions of premises (hazardous-materials labs, on-campus daycare, certain athletic facilities, premises during disciplinary hearings) and post them with § 30.06 notice. An LTC holder who carries concealed in a posted carve-out commits a Class A misdemeanor.

The vehicle parking rule under § 411.2032 is the safety valve. Even on a private campus that has opted out and even on a public-campus posted carve-out, the institution may not prohibit storage or transportation of a firearm in a locked, privately owned vehicle by an LTC holder on campus parking areas, driveways, or streets.

Federal off-limits places

State law cannot override federal property rules. The categories that matter for Texas carry:

• Federal facilities (18 U.S.C. § 930). Federal buildings owned or leased by the federal government. § 930(a) is a federal misdemeanor punishable by up to one year. § 930(e) is the felony-tier provision for federal courthouses, punishable by up to two years, or up to five years if the carrier intended to use the firearm in the commission of a crime. The statute requires posted notice at each public entrance.
• U.S. Postal Service property (39 C.F.R. § 232.1(l)). "No person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes." The regulation reaches the entire postal property, including parking lots. The safe assumption is that the lot is also off-limits.
• U.S. Department of Veterans Affairs facilities. VA hospitals, clinics, regional offices, and national cemeteries are off-limits under VA regulations.
• Military installations. Posts, bases, and recruiting offices under federal regulations and DOD policy.
• Secured areas of airports under federal aviation security law. § 46.03(a)(5) covers the same line under state law.
• National parks. Federal law since 2010 allows carry inside a national park to the extent the law of the state where the park sits allows it. Federal facilities within the park (visitor centers, ranger stations) are still federal facilities under § 930.

Federal facility signs typically reference 18 U.S.C. § 930.

Private property: § 30.06 and § 30.07

Texas treats private-property carry through a separate framework that operates alongside § 46.03. Two trespass-by-license-holder statutes carry the operative weight.

§ 30.06 (trespass with a concealed handgun). An LTC holder commits an offense by carrying a concealed handgun on another's property without effective consent after receiving notice that LTC concealed carry was forbidden. Notice may be by oral or written communication. A written sign meeting the § 30.06(c)(3) format (English and Spanish, contrasting colors, block letters at least one inch high, conspicuous at each entrance) is the most common notice mechanism. Base offense: Class C misdemeanor with a fine up to $200. Upgrade to Class A if the LTC holder enters, is then personally given oral notice, and fails to depart.

§ 30.07 (trespass with an openly carried handgun). Same structure as § 30.06, but for plain-view handguns and using separately enumerated § 30.07 sign text. Many Texas businesses post both signs side by side. A § 30.06 sign alone does not restrict open carry; a property owner who wants to bar both must post both signs.

§ 30.06(e) and § 30.07(e) carve out an exception for property owned or leased by a governmental entity that is not a § 46.03 prohibited place. A government entity cannot use a § 30.06 sign to extend carry restrictions beyond what § 46.03 authorizes. Government Code § 411.209 authorizes a civil penalty against a state agency or political subdivision that wrongfully posts § 30.06 / § 30.07 notice.

For private property, a properly posted sign creates the trespass element on entry. Comply at the threshold: do not enter, or disarm and store before entering.

What about constitutional carriers without an LTC?

§ 30.06 and § 30.07 are trespass offenses by license holders by their text. A permitless carrier who walks past a § 30.06 sign has not committed § 30.06. The carrier can still be charged under the general criminal-trespass statute, § 30.05, which reaches anyone who enters or remains on property after notice that entry was forbidden. § 30.05 baseline is a Class B misdemeanor and rises to Class A if the actor carries a deadly weapon at the time of trespass. The practical effect: a permitless carrier walking past a "no firearms" sign is exposed to a deadly-weapon trespass charge that an LTC holder would not face. The LTC actually narrows criminal exposure to a Class C fine at the threshold.

§ 46.15 defenses and exceptions

§ 46.15 is the menu of statutory defenses and non-applicability provisions for §§ 46.02 and 46.03. The ones that matter for prohibited-places offenses:

• § 46.15(a): § 46.02 and § 46.03 do not apply to peace officers, parole officers, judicial officers, retired peace officers under 18 U.S.C. § 926C with a Texas certificate of proficiency, prosecutors with an LTC, designated bailiffs, juvenile probation officers, volunteer emergency-services personnel under an LTC, retired judges with an LTC, district and county clerks with an LTC, and similar enumerated categories.
• § 46.15(b)(6): § 46.02 and § 46.03(a)(14) do not apply to a person carrying an LTC and a holstered or concealed handgun.
• § 46.15(m), (n), (o): Trespass-style defense for § 46.03 generally if the actor was personally given notice from an authorized owner, promptly departed, and the property was not posted with a compliant § 30.06 / § 30.07 sign.
• § 46.15(p): LTC defense to (a)(7), (a)(11), and (a)(13) if no effective § 30.06 / § 30.07 notice was given.
• § 46.15(q): LTC defense to (a)(8) at a collegiate sporting event if no effective notice was given.

These are defenses, not exemptions. A defense is raised after charging. The cleaner posture is to avoid the location or disarm before entering.

Penalties, in plain language

A felony-tier § 46.03 conviction is a federal § 922(g)(1) lifetime prohibitor. A momentary lapse at a courthouse metal detector or a 51-percent bar entry can end a person's ability to lawfully possess any firearm anywhere.

The licensee's edge

A Texas LTC removes several categories of legal exposure that a permitless carrier faces:

1. Federal Gun-Free School Zones Act exemption. The 1,000-foot zone around every K-12 school in Texas disappears for an LTC holder under 18 U.S.C. § 922(q)(2)(B)(ii). The permitless carrier carries that exposure wherever a school sits.
2. Postsecondary campus carry. § 46.03(a)(1)(B) and Government Code § 411.2031(b) allow concealed campus carry for LTC holders. The permitless carrier has no campus access.
3. § 46.15(p) and (q) defenses. LTC holders get statutory defenses at 51-percent businesses, hospitals, nursing facilities, amusement parks, and collegiate sporting events if the property is not posted with effective § 30.06 / § 30.07 notice. The permitless carrier has no (p) or (q) defense.
4. Trespass exposure under private posting. A permitless carrier passing a "no firearms" sign is exposed to a § 30.05 deadly-weapon trespass charge that becomes a Class A misdemeanor. The LTC holder under § 30.06 / § 30.07 baseline is at a Class C fine.
5. Reciprocity. The LTC unlocks recognition in most other states, none of which honor Texas constitutional carry as such.

The map of off-limits locations is identical for both groups. The defenses are not.