Texas is an open-carry state for handguns. Open carry refers to when a person carries a firearm in public that is either fully or partially visible to others. It is different from concealed carry, where the gun is not visible to the casual observer. The right to open carry firearms in Texas comes with many limitations. It is critical to have an understanding of Texas guns laws because state prosecutors do not take weapon offenses lightly, and you could easily end up facing felony charges. Read below for more information about open carry laws in Texas.
When is Open Carry Authorized in Texas?
Long guns and handguns are treated differently under Texas law with respect to open carry. In general, people are allowed to openly carry long guns. However, they are prohibited from displaying any firearm (including long guns) in a public place in a “manner calculated to alarm.”
In contrast, handguns can only be openly carried in a public place if it is in a holster. After the passage of the new Texas guns law in September 2021, the holster is not required to be a belt or shoulder holster. The new law places no restrictions on the type of holster, so Texans can now use belly bands, waistband holsters, pocket holsters, ankle holsters, thigh holsters, etc.
Texas law also authorizes open carry of handguns by certain types of security officers, most people while on their property or premises under their control, and people engaging in (including traveling to or from) a lawful or sporting activity.
Who is Prohibited from Open Carry in Texas?
Certain individuals are prohibited from carrying handguns in Texas (open or concealed). However, a major restriction was recently removed. Texas law no longer requires individuals to get a license to openly carry handguns. Although, to qualify for permitless carry, you must be over 21 and have not been convicted within the past five years of misdemeanor bodily assault causing injury, deadly conduct, terroristic threat, or disorderly conduct (display or discharge) of a firearm.
Additionally, you are prohibited from carrying a handgun in Texas if you:
• Have been convicted of a crime by imprisonment for more than one year;
• Are a fugitive from justice;
• Are an unlawful user of or addicted to any controlled substance;
• Are mentally incompetent;
• Are illegally or unlawfully in the U.S. or admitted to the U.S. under a nonimmigrant visa;
• Were discharged by the Armed Forces under dishonorable conditions;
• Have renounced your U.S. citizenship;
• Are subject to a court order restraining you from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
• Were convicted of a misdemeanor crime of domestic violence within the past five years.
If you have questions about whether you can legally open carry a firearm in Texas, you should reach out to an experienced Frisco criminal defense attorney.
What Places are Prohibited from Open Carry in Texas?
Handguns can be openly carried in most public places if they are holstered. However, there are certain places where handguns (both openly carried and concealed) are prohibited, including:
• Secured areas of the airport;
• Courthouses;
• Polling places on any voting days;
• Schools;
• Places of business with visible signage prohibiting handguns;
• Businesses permitted by TABC that derive 51% or more of their income from the sale of alcohol;
• High school, college, interscholastic, or professional sporting event unless the person is a participant and the event involves the use of the weapon;
• Correctional facilities; civil commitment facilities, hospitals, nursing facilities, or mental hospitals;
• Amusement parks; and
• A room(s) where an open governmental meeting is occurring.
Texas law also generally restricts people from intentionally, knowingly, or recklessly openly carrying handguns in motor vehicles and watercraft that they own or under their control unless they carry the handgun in a holster and are either at least 21 years old or licensed to carry a handgun.
Can I Open Carry in Texas If I am Not a Resident?
There is no residency requirement to openly carry in Texas. Non-Texans are also authorized to open carry.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing weapons charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. He has years of experience defending individuals against weapons charges in the Dallas-Fort Worth area.
Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.