Texas has some of the least restrictive gun laws in the nation, but the state also takes gun charges very seriously. The better acquainted you are with gun laws in the state, the less risk there is that you will run afoul of them. And if you are facing a gun charge, you shouldn’t wait to reach out for the skilled legal counsel of an experienced Round Rock criminal defense attorney.
The Right to Bear Arms
Gun laws are intended to balance our rights with concerns related to public safety, and the State of Texas champions your right to bear arms. While Texas supports our right to own and carry guns, there are important restrictions and responsibilities that go along with this.
There are also legal gray areas that can leave you vulnerable to criminal charges when you least expect them. Familiarizing yourself with gun laws in the State of Texas is advised.
Constitutional Carry
In 2021, Texas gun regulations that guide the carry and ownership of guns were overhauled by the legalization of what’s often called constitutional carry. This shift made it legal – for all those who qualify – to carry handguns in public throughout the state without a license to carry (LTC).
This said, however, it’s important to note that you can still obtain an LTC in Texas, and it comes with additional privileges.
Constitutional carry applies to both open carry, which refers to instances when it’s clear that someone is carrying a handgun, and concealed carry, which refers to instances when it’s not clear.
To qualify under constitutional carry in Texas, you must be at least 21 years old and can’t have an order or protection against you or have certain criminal convictions on your record. While long guns, such as rifles and shotguns, have no specific restrictions that apply, felons are generally forbidden from being in possession of any firearms.
If you have questions about your eligibility or are facing a weapons charge, don’t hesitate to contact a knowledgeable Round Rock criminal defense attorney for clear guidance and trusted legal support.
Basic Requirements for Constitutional Carry
The basic requirements for constitutional carry in Texas include the following:
You must be at least 21 years old.
You must be able to legally purchase and possess handguns at both the state and federal level – with some exceptions.
You can’t have certain misdemeanor crimes on your record that were acquired within the last five years, including assault causing bodily injury and disorderly conduct.
It should also be noted that Texas residency isn’t required to invoke one’s right to employ constitutional carry.
When Constitutional Carry Doesn’t Apply
Constitutional carry in Texas doesn’t grant anyone in the following groups the right to carry a handgun:
Anyone who is younger than 21
Anyone who has a felony on their record
Anyone who is a fugitive from justice
Anyone who is the unlawful user of a controlled substance or who is addicted to a controlled substance
Anyone who is an illegal alien or who is in the United States on a nonimmigrant visa and doesn’t meet an exception
Anyone who has renounced their United States citizenship
Anyone who has been dishonorably discharged from military service
Anyone who has been committed to a mental institution involuntarily or who has been adjudicated as having a mental defect
Anyone who has been convicted of the misdemeanor crime of domestic violence
Anyone who is subject to an explicit court order that restrains them from threatening, stalking, or harassing a romantic partner
It’s important to point out that constitutional carry doesn’t grant anyone who was prohibited from carrying a gun prior to the law’s inception the right to carry one after it went into effect.
Carrying a Gun on You in Texas
If you carry a handgun in Texas, it must be holstered, but that’s where the requirements end – there are no longer specific requirements on the books about the kind of holster that must be used.
Prior to constitutional carry, those who were licensed to carry were required to holster their guns at either the shoulder or belt. Since 2021, however, any kind of holster will do.
Firearm Training
Before constitutional carry became law in 2021, there were training requirements that applied to open carry in the state. While there are no firearm training requirements that apply to constitutional carry, interested parties can take free firearm safety courses through the Texas Department of Public Safety.
Long Guns
There are no specific requirements when it comes to carrying long guns in Texas – other than the fact that some people are forbidden from purchasing or possessing guns at all.
This said, however, Texas has a disorderly conduct law in place that addresses the display of guns in public – often called brandishing. This law makes it a crime to flaunt any kind of firearm in public when it’s done in an alarming manner.
If you’ve been accused of unlawful display or are unsure how the law applies to your situation, now is the time to contact a seasoned Round Rock criminal defense attorney for experienced legal guidance.
When the Gun Is in Your Car
To carry a handgun in your car – if it’s not holstered on your person – there are specific rules that apply. The gun must be either stored in a closed case, must be kept in your car’s closed glove box, or must be secured in the closed center console of your vehicle.
Where You Can’t Carry a Gun in Texas
There are certain places where constitutional carry doesn’t grant you the right to carry a handgun in Texas, including all the following:
Schools, including elementary level through high school as well as private colleges and universities
Businesses that derive more than half of their income from alcohol, which makes them bars
Businesses that post signs prohibiting handguns
Government buildings, including courthouses, government offices that are used by the court, and polling places
Correctional facilities, such as prisons and civil commitment facilities
The secured areas of government facilities like post offices and airports
Hospitals, mental hospitals, and nursing facilities
Federal property
Amusement parks and racetracks
Professional sporting events
Interscholastic events
Interactions with Law Enforcement
There are specific restrictions in place regarding gun carry and interactions with law enforcement, and knowing these well can help you stay on the right side of the law.
When a law enforcement officer engages in the lawful discharge of their duties, they can, at any point, disarm someone else—when doing so is deemed necessary to protect the person who has been disarmed, the police officer themselves, or anyone else.
However, unless the disarmed person is barred from legal gun possession or is arrested following the incident or unless the gun record returns as stolen, the weapon must be returned to the disarmed person before they are released from the scene.
Property Owners
Property owners in Texas can prohibit those who aren’t licensed to carry and those who have licenses to carry from carrying on their properties, such as inside their businesses. If a business posts signage prohibiting gun carry on the premises that is reasonably likely to garner your attention, you’re prohibited from doing so, and this includes both concealed and open carry.
When Constitutional Carry Makes Someone Else Feel Threatened
The State of Texas has a law against terroristic threats, which applies to displaying a gun in a manner that is intended to cause someone else to fear imminent and serious bodily injury. While open carry generally doesn’t fit this charge, it could under highly specific circumstances.
If you’re facing a charge related to a terroristic threat or believe your actions are being misinterpreted under the law, reach out to an experienced Round Rock criminal defense attorney to protect your rights and clarify your legal position.
A License to Carry Is Still Available in Texas
The State of Texas has not done away with LTCs, and in a recent year, more than 200,000 people in the state sought them. The fact is that there are benefits to going through this formal channel.
General Benefits
To begin, those who move through the steps necessary to obtain an LTC end up having a better understanding of gun laws in the State of Texas, which helps to ensure that they don’t unintentionally cross any legal lines.
Further, those who have an LTC are permitted to carry guns across state lines, which doesn’t necessarily apply when it comes to constitutional carry. Finally, the process of obtaining an LTC is associated with increased knowledge of gun safety, which can bolster peace of mind.
The Motivation
One teacher of LTC courses in Texas reports that people generally take his classes because they want a better understanding of gun laws in the state. He also shares that this is based on the premise that anyone seeking an LTC knows they could unintentionally become a criminal in the span of a moment.
This puts a very fine point on the fact that, while Texas is very lenient regarding both open and closed carry, there are no special protections in place for anyone whose inexperience with guns or lack of understanding of Texas gun laws gets them into legal trouble.
The bottom line is summed up this way – if you’re a gun owner who ever has to interact with the police, it’s helpful to have a license.
Ultimately, there’s been a rise in unlawful carry charges in Texas since constitutional carry was enacted, which – for many – highlights the benefits of having an LTC. Another bonus is that 37 states have reciprocity with Texas. This means that, if you have an LTC in Texas, it’s recognized by all those 37 states.
Constitutional Carry Doesn’t Cross State Borders
It’s very important to note that your constitutional carry rights in Texas do not apply in other states. This means that crossing a state line with a gun when you don’t have an LTC is a crime.
The one exception in Texas is crossing into Oklahoma, which has constitutional carry laws of its own and allows anyone who is at least 18 years old and who is allowed to carry a gun in their home state to do so in Oklahoma without a permit.
Legal Carry vs. Brandishing
It’s very important to understand the difference between the lawful display of a gun and brandishing, which is the unlawful display of a firearm. In legal terms, brandishing means displaying all or part of a gun – or otherwise making the gun known – to another person as a means of intimidating them.
To brandish a weapon, you don’t have to make it directly visible to the other person, which can make establishing the distinction between legal carry and brandishing challenging.
Brandishing a Firearm in Texas
The charge of brandishing a firearm in Texas involves the unlawful display of a gun in public with the intention of intimidating, threatening, or coercing someone else. The element of intention here might be established in relation to factors that you’re unaware of, and this makes keeping your wits about you when you’re carrying a gun on you that much more important.
While you may not consider your actions threatening in any way, a jury could have a very different take on the matter, which could leave you facing a criminal charge.
If you’re being investigated or have been charged with brandishing a weapon, it’s critical to speak with a trusted Round Rock criminal defense attorney who can evaluate your case and protect your rights from the start.
Open Carry Isn’t Brandishing, but . . .
Open carry in Texas is legal, which means that – when done within the parameters of constitutional carry – it doesn’t qualify as brandishing. As such, if you were simply going about your business in the course of a day and had your gun legally holstered to you, you probably can’t be charged with brandishing.
However, the moment that you are perceived to intimidate someone else or that you act aggressively toward someone else while simultaneously drawing attention to your gun, things change dramatically.
And again, your perception of the situation may be very different than the other person’s – and may be very different than the jury’s if you are charged with brandishing, and your case goes to trial.
Reach Out to an Experienced Round Rock Criminal Defense Lawyer Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a persuasive Round Rock criminal defense attorney who has earned a solid reputation for fiercely defending the rights of his valued clients and for effecting optimal case outcomes on their behalf.
Learn more about what we can do to help you by contacting or calling us at 254-781-4222 and scheduling a free consultation today.