Texas takes the right to bear arms very seriously, but it is also serious about gun charges, which carry harsh penalties and fines. Better understanding gun laws in Texas can help you remain on the right side of the law.
If you are facing a gun charge of any kind, there is a lot at stake, and it’s time to reach out for the professional legal counsel of an experienced Round Rock criminal defense attorney.
What is constitutional carry?
Constitutional carry, which is also called permitless carry, went into effect in Texas on September 1, 2021. The law allows those who are eligible to carry a firearm without needing to procure a license to carry (LTC), and it applies to both open and concealed carry. Eligibility comes with the following requirements:
You must be at least 21 years old.
You must be able to purchase and possess a handgun legally under both federal and state laws.
You can’t have a conviction within the last five years for certain misdemeanors that include assault causing bodily injury, deadly conduct, and terroristic threat.
There are no license or permit requirements to openly carry a long gun in a public place in Texas – as long as you are not committing a crime at the time.
It is important to note that it remains a crime to purposefully display a handgun that isn’t holstered in a public space while in plain view of another person.
What kind of holster is required?
If you openly carry a gun in Texas, it needs to be holstered, but state law does not address the kind of holster that is required. The law prior to constitutional carry, which specified that an open-carry gun must be in a shoulder or belt holster, no longer applies. A concealed gun must be fully concealed, but it does not need to be holstered.
Can I carry my handgun openly without a license to carry?
In the State of Texas, you can carry a partially or fully visible handgun under constitutional carry, but to do so, the gun must be in a holster. The former requirement that the holster be a shoulder or belt version, however, no longer applies.
Does constitutional carry extend to private property?
You can exercise your right to carry without an LTC on private property as long as the owner does not post signs banning handguns at each entrance. Further, if the owner instructs you to remove the handgun or leave the property, you must comply, or you can face a criminal trespass charge. When it comes to private property, you must abide by the owner or manager’s rules.
Are there places where constitutional carry does not cut it?
Yes, Texas identifies certain places where you must have an LTC in order to carry a gun, and these include all the following locations:
Schools, including college campuses
Nursing homes
Mental hospitals
Courts and the offices used by courts
Open governmental meetings
Beyond security at airports
Polling places
Racetracks
Bars
Sporting events
Amusement parks
Correctional facilities
Civil commitment facilities
Unlicensed carry in a public place while intoxicated is also prohibited. Finally, carrying a gun on federal property without the appropriate licensure is against the law, and this includes post offices and veterans hospitals and extends to outdoor walkways and parking lots. As such, having a gun in your vehicle while parked at the post office could lead to a federal gun violation.
Are there any restrictions on ammunition?
Texas is very lax when it comes to restrictions on ammunition. As long as you legally possess the gun in question and are fully compliant in that capacity, the kind of ammunition you have generally does not matter.
The only handgun ammunition that is regulated in the State of Texas is armor-piercing ammo. Both hollow points and full metal jackets are legal in the state. Generally, if you can purchase the kind of ammunition in question at a sporting goods store in Texas, it is very likely legal.
What about buying a gun in Texas?
Generally, there are no licensing requirements to purchase either a handgun or a long gun – such as a shotgun or a rifle – in the State of Texas. However, a federal background check is required if you purchase a gun through a licensed dealer.
What are the most common gun charges in Texas?
Two of the most common gun charges in Texas include unlawful possession and criminal possession. Let’s take a closer look.
Unlawful Possession of a Firearm
Unlawful possession of a firearm relates to carrying a gun when you are not eligible to do so, which includes all the following:
If you are under the age of 21 – except under highly specific circumstances
If you’ve been convicted of an offense that restricts you from possession of a gun either temporarily or permanently
If you open carry a gun that isn’t holstered
If you carry a gun in public while intoxicated
The charge of unlawfully carrying a weapon is usually a Class A misdemeanor, and a conviction carries jail time of up to 365 days and fines of up to $4,000. If the charge, however, relates to carrying a gun someplace where it’s generally forbidden to carry, such as in a bar, it can be elevated to a third-degree felony, which carries up to 10 years in prison and fines of up to $10,000.
Criminal Possession of a Firearm
In Texas, it is against the law to possess a firearm, including in your own home, within five years of release for a felony prison sentence, felony community service, or parole. Once five years have passed since the last date of the complete sentence, possession at a residential address is permissible, but that is the extent of a felon’s gun privileges.
A criminal possession of a firearm charge is a third-degree felony that carries up to 10 years in prison and fines of up to $10,000.
Can I carry a gun in my car?
To carry a gun in your car, it must be concealed from view. This means that if it isn’t holstered, it must be stored in a case, kept in a closed glove box, or located in a locked center console.
While there is no Texas law in place that requires you to tell the police you have a gun in your car if you are pulled over, it is against the law to lie to the police. This means that if you’re asked whether or not you have a gun in your vehicle, you’ll need to answer the question truthfully, and failure to do so can lead to a criminal charge.
What’s the point of getting an LTC?
While eligible Texans no longer need a license to carry in order to carry a gun, The Texas Tribune reports that more than 200,000 people sought and obtained licenses to carry in 2022. There are a range of benefits that come with being licensed including all of the following:
License carriers are required to take four to six hours of classroom training, which helps to ensure that they’re better prepared to handle a gun safely and that they understand the state's gun laws.
License carriers can cross state lines with their guns in tow – without fear of legal repercussions that may apply to those who rely on constitutional carry.
License carriers are afforded greater peace of mind regarding the legalities of carrying a gun, which can be tricky – it’s worth noting that unlawful carry arrests are on the rise.
The gun store owner and operator interviewed by the Tribune shared that while LTC classes slowed down somewhat after constitutional carry was adopted, they are on the rise again in response to uncertainty regarding the specifics of permitless carry and the increase in arrests for unlawful carry.
In other words, constitutional carry is not without limits, and understanding the involved rights, limitations, and responsibilities is key.
What do gun statistics say about Texas?
Texas has the second-largest population in the nation, and its gun laws contribute to the fact that more guns are sold here than anywhere else in the country. Gun ownership statistics shared by The Texas Tribune include all the following:
In a recent year, more than 1.6 million guns were purchased by Texans, which translates to about 1 gun per 14 adults.
As the population grows, however, the rate of gun ownership in Texas is decreasing, and the number of households with firearms has been on the decline since 1980.
Texas falls in about the middle of the spectrum when it comes to gun ownership – a bit over a third of all adults own a gun.
It’s estimated that 47,000 guns are stolen each year in the State of Texas.
What are my rights in relation to self-defense?
The State of Texas employs stand your ground laws that apply outside of the home and the castle doctrine, which applies inside the home. These protections apply only as long as the person defending isn’t involved in criminal activity and didn’t create the conflict that led to the need to protect themselves in the first place.
The stand your ground law removes the requirement that you retreat if it’s safe to do so prior to defending yourself. The castle doctrine supports your right not to retreat when defending yourself in your own home or property, and the stand your ground law supports your right not to retreat when you’re elsewhere.
It’s important to understand, however, that both of these protections are defenses, and the burden of proving they were used within the boundaries of the law falls to the person who invoked the law by engaging in self-defense.
When it comes to your right to defend yourself, a primary concern is that your efforts must be reasonable in relation to the risk faced. If the degree of force you implement is deemed reasonable relative to the situation at hand, the stand your ground law or castle doctrine will apply.
Situations in which the use of force is routinely considered reasonable include the following:
Someone else used force to enter or attempt to enter your home, your vehicle, or your place of work.
Someone else used force to remove or attempt to remove you from your home, your vehicle, or your place of work.
Someone else was committing or attempting to commit murder, sexual or aggravated sexual assault, robbery or aggravated robbery, or aggravate kidnapping.
Don’t Wait to Call an Experienced Round Rock Criminal Defense Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard in Round Rock, Texas, is a savvy criminal defense lawyer who has been successfully defending the rights of clients facing challenging gun charges for decades and leaves no stone unturned in his focused pursuit of optimal outcomes.
If you’re facing a gun charge, our practiced legal team has the experience, legal insight, and resources to help. We are on your side and here for you, so please don’t hesitate to contact or call us at 254-781-4222 to schedule your free consultation and learn more about what we can do for you today.