FAQ: When and Where can I carry a Firearm In Texas?
Please note that the information provided in this FAQ is not to be construed as legal advice. You are personally responsible for knowing and abiding by all Texas laws and regulations, and municipal codes (some links have been provided below). When in doubt, consult with an attorney, or local Law Enforcement officals. Please advise me of any noted exceptions, errors, or updates to firstname.lastname@example.org.
Generally, any person may carry a firearm in Texas, if
- on the person's own premises or premises under the person's control,
- inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. Hand guns must be hidden from view in the vehicle unless the person is licensed to carry a handgun, and the handgun is carried in a shoulder or belt holster,
- the person
- must be older than 18 years of age unless under the direct supervision of a parent or legal guardian of the person,
- must not be engaged in criminal activity,
- must not be otherwise prohibited by law from possessing a firearm,
- must not be a member of a criminal street gang
- There are no State laws regulating the open carrying of a long gun (rifle or shotgun), but there may be municipal or county ordinances of which you should be aware.
You should be aware that section 42.01 (a) (8) of the Penal C0de, states "a person commits an offense if he intentionally or knowingly "displays a firearm or other deadly weapon in a public place in a manner calculated to alarm".
A licensed person may carry a handgun in Texas, concealed or open carry, and the handgun is carried in a shoulder or belt holster, unless
- on any premises where you have been given written or oral notice not to do by the owner of the property, or someone with apparent authority to act for the owner, or by posted 30.06, 30.07 or 51% sign prohibiting carry on that premises
- Stay out of bars, clubs, taverns, etc,. while carrying a firearm.
- Restaurants and businesses serving alcohol that do not derive 51% of their sales from alcohol shall display a sign in a prominent place on the permit holder’s premises giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a handgun the person is licensed to carry
- hospitals, nursing facilities, or on the premises of a mental hospital, unless the person has written authorization of the facility administration,
- on the premises of a polling place on the day of an election or while early voting is in progress
- the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: pursuant to written regulations or written authorization of the institution
- Note: An institution of higher education or private or independent institution of higher education in this state may not adopt or enforce any rule, regulation, or other provision or take any other action, including posting notice under Section 30.06 or 30.07, Penal Code, prohibiting or placing restrictions on the storage or transportation of a firearm or ammunition in a locked, privately owned or leased motor vehicle by a person, including a student enrolled at that institution, who holds a license to carry a handgun under this subchapter and lawfully possesses the firearm or ammunition:
- (1) on a street or driveway located on the campus of the institution; or
- (2) in a parking lot, parking garage, or other parking area located on the campus of the institution.
- on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
- on the premises of a racetrack;
- in or into a secured area of an airport
- on the premises of a correctional facility, prison, or jail, or within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution
- in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting, and the entity provided notice
- in an amusement park
- while intoxicated
- on any federal facility (post office, courthouse, prison, office building, etc.)
GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
(a) A peace officer who is acting in the lawful discharge of the officer’s official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.
(b) A peace officer who is acting in the lawful discharge of the officer’s official duties may temporarily disarm a license holder when a license holder enters a non-public, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder’s handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the non-public, secure portion of the law enforcement facility.
(c) A law enforcement facility shall prominently display at each entrance to a non-public, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the non-public, secure portion of the facility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a clearly visible and conspicuous manner.
(d) In this section:
(1) “Law enforcement facility” means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:
(A) any portion of a building not actively used exclusively to conduct the official business of the agency; or
(B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.
(2) “Non-public, secure portion of a law enforcement facility” means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.
- "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
- includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent.
- means a building or a portion of a building.
- The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area...
- "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
- "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times.
Texas Constitution and Statutes: http://www.statutes.legis.state.tx.us/
Texas License To Carry A Handgun Laws http://dps.texas.gov/InternetForms/Forms/LTC-16.pdf