Texas permits the possession of firearms in different forms within the state.
However, the state regulates location where you can use firearms and types of firearms permitted.
Open carry in Texas is one of the ways you can use firearms in the state.
So as not to violate laws, you must be familiar with the state gun statutes before you open carry in Texas.
Texas Gun Laws Summary
Texas is now a permit-less carry state which means individuals who are federally allowed to own a handgun are permitted to carry so long as they’re 21 years or older. It’s still highly recommended to obtain the Texas LTC though.
The department of public safety is in charge of issuing the license, and the state as a shall-issue policy.
There are no permits to purchase firearms, but you must undergo a criminal record background check, except you are buying from a private dealer or you have a license to carry.
- Recommended Reading: Texas Gun Laws
Is Open Carry Legal In Texas?
Yes. Texas is an open-carry state with permission to use firearms openly if you are at least twenty-one years old.
Open Carry Laws In Texas
Texas is one of the permit-less carry states in the USA.
The state prohibits armor-piercing ammunition, and you cannot open carry firearms like machine guns and semiautomatic weapons, except if you are a member of the military or a law officer.
Texas Open Gun Laws Quick View
|State permit for open carry.||No||No||Texas allows for constitutional (permit-less) carry for individuals who meet the requirements.|
|Firearm registrations for open carry.||No||No||There are no requirements to register firearms for open carry in Texas.|
|Assault weapon for open carry.||Yes||Yes||Texas prohibits the use and manufacturing of assault weapons in the state|
|Magazine limit||No||No||The state gun laws do not say anything on the magazine limit for firearms in the state.|
|License for the owner of a firearm.||Not required||Not required||Texas does not have an exclusive license issued to firearm owners in the state.|
|Red flag law||No||No||There is no red flag law in the state, and the statutes do not mention anything about an extreme risk protection order.|
|Castle doctrine law||Yes||Yes||Texas is a castle doctrine state, and you can stand your ground in your home of residence, your business, and a private car.|
|Background check for private dealers||No||No||Texas gun laws do not subject private firearm dealers to a criminal record background check in the state.|
|Preemption||Yes||Yes||Texas is a preemption gun law state with the government reserving all rights to regulate firearms.|
|Concealed carry permit.||No||Yes||You can conceal carry with Texas concealed carry permit.|
|Concealed carry in personal vehicle||No||Yes||You can conceal carry in your vehicle as long as you are with your license to carry.|
|Open carry in Schools||No||No||In Texas, schools are one of the location restrictions for open carry or possession of firearms in general|
Where Is It Legal To Open Carry In Texas?
You can open carry in the following areas of Texas:
- Restaurants and bars: You can possess your firearm in the restaurant areas, except there is a post prohibiting such.
- Personal vehicle: You can open carry in a private car.
- Roadside areas: You can open carry in roadside areas of Texas.
- State forests and parks: You can open carry and use your firearm in parks, forests, and wildlife management areas of the state.
- Places of worship: You can possess firearms in places of worship, except there is a post prohibiting such.
Where Is It Illegal To Open Carry In Texas?
Texas prohibits the open carry of firearms in the following parts of the state:
- Schools: You cannot open carry in elementary schools, secondary schools, colleges, university campuses, or any other educational facility.
- Amusement park: You cannot open carry or possess firearms on permanent amusement parks.
- Meeting of government officials: You cannot open carry in any government official meeting in the state.
- Bars: You cannot open carry or possess firearms in bars or any venture where the sales of alcohol generate more than half of the income.
- Hospitals: You cannot open carry or possess firearms in state hospitals or any healthcare home.
- Correctional homes: You cannot open carry firearms in prisons, jails, and correctional homes in the state.
- Under the influence of alcohol: You cannot open carry or possess firearms while under the influence of alcohol in the state.
- Courthouses: The closest you can be with a firearm to a courthouse on the day of a sentence is one thousand feet.
- Government offices: You cannot open carry in any premises of government offices or facilities.
- Polling units: You cannot open carry or possess a firearm in a polling unit on the day that election is taking place in Texas.
- Safety zones of airports: You cannot open carry in any safety zone of airport areas in the state.
- Living facility: You cannot open carry in any living facility in the state, as long as there is a prohibition to do so on the premises.
- Place of work: You cannot open carry or bring your firearm to a place of work if your employer does not approve of it.
- Prohibited places: You cannot possess your firearm in parts of the state prohibited by federal laws.
FAQs About Open Carry In Texas
Some of the most frequently asked questions about open carry in Texas include the following:
Is It Compulsory That I Get A Permit Before Open Carry In Texas?
Yes. You can only open carry with the state license to carry firearms.
Do I Need A License To Conceal Carry In Texas?
Yes. Texas issues license to carry for concealed carry in the state.
Will I Need A Separate Permit For Open And Concealed Carry In Texas?
No. Texas license to carry is valid for both open and concealed carry in the state.
What Is The Age Requirement For Open Carry In Texas?
You must be at least twenty-one years old before you can open carry in Texas, and eighteen years old for members of the military.
What Is The Age Requirement For Concealed Carry In Texas?
The minimum age requirement for residents of the state to conceal carry is twenty-one years old, while that of military members is eighteen years old.
At What Age Can I Apply For License To Carry In Texas?
You must be at least twenty-one years old before you apply for a Texas license to carry.
Does Texas Have A Red Flag Law?
No Texas gun statutes do not say anything about red flag laws or the issuing of an extreme risk protection order.
Can A Non-resident Apply For Texas License To Carry?
Yes. Texas License to carry in available for both residents and non-residents of the state, but the application process is not the same.
Also, residents that have a permit from states have a reciprocity agreement with Texas, can use this firearm to conceal carry in Texas.
Does Texas Recognize Constitutional Carry In The State?
No. Texas does not permit constitutional carry.
Can I Open Carry Knives In Texas?
Texas allows both open and concealed carry of knives in the state as long as the intention is not to commit a crime with it.
Minors can possess only knives that are not up to five and a half inches, but anybody above the age of eighteen can own knives longer than this length.
However, you cannot possess knives in the same locations restricted for possession of firearms in the state.
Does Texas Restrict Some Firearms In The State?
Yes. Texas prohibits the possession, manufacturing, and sales of machine guns in the state.
Does Texas Issue A Purchase Permit To Buy Firearms In The State?
No. Texas does not issue purchase permits for the use of firearms in the state.
Is It Mandatory To Undergo A Criminal Record Background Check Before Buying Firearms In Texas?
Yes. You must undergo the check before you complete the purchase of firearms if you are buying from a state or federally licensed dealer.
Exceptions to this are if you have a Texas license to carry, or you are buying from a private firearm dealer in the state.
For How Long Is Texas License To Carry Valid?
The license is valid for five years, after which you have to renew it.
Do I Have A Duty To Inform Law Enforcement Officers About My Possession Of Firearms In Texas?
Yes. Texas laws obligate anyone in possession of a firearm to notify police or law enforcement officers when they come across one.
License holders may also have to tender their license.
Is Texas A Castle Doctrine State?
Yes. You must stand your ground in the face of an attack by an intruder in your dwelling place, workplace, or personal vehicle.
Am I Permitted To use Deadly Force During Self-defense In Texas?
Yes. You can use deadly force against a life-threatening attack on yourself or a family member in your home.
You can also use deadly force if you think that an attack can cause severe bodily harm.
Is Firearm Training A Requirement To Apply For License To Carry In Texas?
Yes, to apply for a Texas license to carry, you must pass a firearm training course with a duration between four to six hours.
You must also pass a written test and successfully demonstrate your proficiency in the use of firearms.
Make sure that a state-certified instructor is in charge of the firearm training class.
Is Registration Of Firearms A Requirement For Buying Guns In Texas?
No, The state statutes have no requirement for the registration of firearms after purchase.
Relevant Open Carry Law And Legislature In Texas
Some of Texas open carry law that you must be familiar with before you open carry in the state include the followings:
Texas prohibits the use and manufacturing of armored piercing ammunition in the state.
No Weapon Signs
Texas is one of the states that enforce the No weapon sign.
It is a violation for anybody, either a permit holder or not, to possess a firearm or open carry without permission, in a place where there is signage prohibiting firearms, or after getting a verbal warning from the authority in charge of the building.
No weapon sign in Texas could comprise of the following:
- Any card or similar signage that has a warning inscribed on it.
- Any post with such information on a property.
- The communication language could either be English or Spanish.
- The message comes in block letters of at least one inch tall.
- Displayed at a position that is visible to the general public and people entering the property.
Texas has preemption gun laws, with the state government having all rights to control the use of firearms within its jurisdiction.
However, local areas can control the use of firearms in the following capacity:
- Regulate the use and shooting of firearms in their boundaries except a range designated for such.
- Regulate who can carry a firearm apart from Texas licensed holders in places such as:
- State parks.
- Meetings in municipalities, counties, and other political subdivisions in the state.
- Political rally or parade in the state.
- Professional sporting activities.
Furthermore, anybody that possesses a firearm in a county court without permission is guilty of criminal liability in the state.
Texas’ attorney general also opines that counties should restrict the concealed carry of firearms, even for permit holders, in parks and public transports.
Brandishing Of Firearms
It is a crime to brandish firearms in the state illegally, and a person is guilty of improper conduct if he or she dangerously displays a firearm.
Possession Of Firearms Under The Influence Of Alcohol
It is a crime to be with your firearm while under the influence of alcohol, drugs, or any other intoxicant.
Open Carry While Hunting
It is lawful to open carry while hunting in Texas.
The state also has hunter harassment laws that consist of the following:
- Nobody shall deliberately disrupt a legal hunting activity in the state.
- Nobody shall deliberately harass, disturb, or affect the behavior of wildlife such that it interferes with hunting activities.
- Nobody with the intention to disrupt hunting activity shall trespass on a private or public owned land without the permission of the landowner or authority in charge.