Texas gun laws let most adults 18 and older carry a handgun openly or concealed in public without any government permit, buy firearms subject to federal background-check rules, and use force in self-defense with strong legal protection. The rules that matter most are the ones that limit those freedoms: who is banned from possessing a firearm, how you have to carry, where firearms are off-limits, and what happens when you cross the state line.
Who Can Carry Without a Permit
The Firearm Carry Act of 2021 (House Bill 1927) took effect on September 1, 2021, and ended the requirement for a state-issued License to Carry to carry a handgun in most public places.1Texas Legislature. H.B. No. 1927 – Engrossed Version – Bill Text The statute originally set 21 as the minimum carry age. A federal court struck that age limit down in August 2022, and Texas withdrew its appeal in December 2022. Adults 18 and older who are not otherwise prohibited from possessing firearms can now carry.
Permitless carry does not change who is banned. You cannot legally possess a firearm in Texas if you have a felony conviction, a family-violence assault conviction punishable as a Class A misdemeanor, a qualifying protective order against you, or any federal disqualification under 18 U.S.C. § 922(g).1Texas Legislature. H.B. No. 1927 – Engrossed Version – Bill Text
How You Must Carry
Open carry requires a holster. Displaying a handgun in public without one is a criminal offense. The rule cuts both ways: an officer cannot stop you for the sole reason that your holstered handgun is visible.1Texas Legislature. H.B. No. 1927 – Engrossed Version – Bill Text
Carrying while intoxicated is a Class A misdemeanor, punishable by up to a year in jail and a fine up to $4,000. The narrow exceptions cover your own property, your own vehicle, and a vehicle or watercraft you are in with the owner’s consent.2State of Texas. Texas Penal Code 46.02 – Unlawful Carrying Weapons
Buying a Gun in Texas
Federal age minimums apply to purchases from a licensed dealer: 21 for handguns, 18 for rifles and shotguns.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record – ATF Form 4473 Texas adds no waiting period beyond the time needed to complete the background check.
Every purchase from a federally licensed dealer requires a government-issued photo ID and ATF Form 4473. The form triggers a check through the National Instant Criminal Background Check System (NICS), which screens for felony convictions, qualifying domestic violence misdemeanors, active protective orders, and other disqualifying records.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record – ATF Form 4473
Buyers under 21 face an extra layer of review under the Bipartisan Safer Communities Act of 2022. NICS examiners contact state juvenile justice, mental health, and local law enforcement agencies for records outside the standard databases. If that deeper search finds something worth investigating, the review window extends from three business days to ten before the dealer can transfer the firearm.4Federal Bureau of Investigation. NICS Enhanced Background Checks for Under-21 Gun Buyers Showing Results
Private Sales
Sales between private individuals who are not licensed dealers do not require a background check under federal or Texas law. It is still illegal to sell a firearm to someone you know or have reason to believe is prohibited from possessing one. Private sellers also cannot sell to out-of-state buyers or to anyone under 18.5Texas State Law Library. How Can I Sell My Gun to Another Person?
Straw Purchases
Buying a firearm on behalf of someone prohibited from owning one is a federal crime under 18 U.S.C. § 932, carrying up to 15 years in prison. If the firearm is connected to a felony, terrorism, or drug trafficking, the maximum climbs to 25 years.6Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms
Why Some People Still Get a License to Carry
The Texas License to Carry (LTC) still exists, and it offers three practical benefits that permitless carriers do not get.
The LTC is honored in roughly 33 other states through reciprocity or unilateral recognition, so you can carry when traveling.7Department of Public Safety. State Reciprocity Information Without a license, your right to carry ends at the Texas border unless the destination state has its own permitless carry law. Check the DPS reciprocity page before any trip, because the list changes.
Federal law makes it a crime to possess a firearm within 1,000 feet of a school. LTC holders are specifically exempt because Texas ran a background check before issuing the license, which satisfies the federal exception for state-licensed individuals.8Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Permitless carriers do not get this exemption, which is one of the most overlooked consequences of skipping the license.
A valid LTC also substitutes for the NICS background check at a licensed dealer, so the sale can close without a separate check.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart
How to Apply
The application costs $40 (non-refundable) and is submitted online through the Texas Department of Public Safety. You must complete four to six hours of classroom training and pass a written exam and a shooting proficiency test. After you submit fingerprints and supporting documents, DPS processes the application within 60 days.10State of Texas. Texas Handgun License
Places You Cannot Bring a Firearm
Certain places are off-limits whether you carry under permitless carry or with an LTC. Bringing a firearm into one of these locations is generally a third-degree felony, carrying two to ten years in prison.11State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
- Public and private K-12 schools, colleges, and school-sponsored activities, unless you have written authorization from the institution.
- Any location actively being used for voting, including during early voting.
- Government courtrooms and court offices.
- Secured airport areas beyond TSA screening checkpoints.
Some prohibited-location violations are Class A misdemeanors rather than felonies, depending on which subsection of Section 46.03 applies. The distinction is worth checking for any specific location before you assume every violation is a felony.11State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
Federal Property
Federal buildings and post offices follow federal law, not Texas law. Firearms are banned on all U.S. Postal Service property, including parking lots, whether carried openly or concealed.12eCFR. 39 CFR 232.1 – Conduct on Postal Property National parks work differently: you can carry in a national park if you comply with the firearm laws of the state where the park sits, but firearms are still banned inside park buildings like visitor centers and ranger stations.13National Park Service. Firearms in National Parks
Private Property Signs
Property owners can prohibit firearms, and the sign type controls who it binds. A Section 30.05 sign gives notice that unlicensed carriers cannot bring firearms onto the property; it does not restrict LTC holders. A Section 30.06 sign prohibits concealed carry by LTC holders. A Section 30.07 sign prohibits open carry by LTC holders.14Texas State Law Library. Businesses and Private Property – Gun Laws There is a strong legal argument that 30.06 and 30.07 signs do not apply to permitless carriers because the statutes reference license holders specifically.
Bars and businesses that earn more than half their revenue from on-site alcohol sales must post a red 51% sign. Carrying past that sign is a felony rather than a trespass offense, and it applies to everyone regardless of license status.15Texas Alcoholic Beverage Commission. Sign Requirements
Weapons You Cannot Own
Standard handguns, rifles, and shotguns are legal in Texas, but Section 46.05 makes possession of certain weapons a third-degree felony:16State of Texas. Texas Penal Code 46.05 – Prohibited Weapons
- Explosive weapons such as bombs and grenades.
- Machine guns.
- Zip guns and other improvised firearms not made by a licensed manufacturer.
- Armor-piercing ammunition.
- Chemical dispensing devices, with a limited exception for licensed security officers.
- Improvised explosive devices.
- Tire deflation devices, which are a state jail felony rather than a third-degree felony.
Machine guns and explosive weapons carry a built-in defense: if the item is registered in the National Firearms Registration and Transfer Record maintained by ATF, possession is lawful under Texas law. Federal registration requires an application, an extensive background check, and a $200 tax payment.17CRS Reports. The National Firearms Act and P.L. 119-21 – Issues for Congress
Silencers, short-barreled rifles, and short-barreled shotguns are no longer on the Texas prohibited list. They are still regulated federally under the National Firearms Act, so possession still requires ATF registration and the $200 tax payment.
When You Can Use Your Gun
Texas law offers strong protection when you use force to defend yourself, others, or your property. Two doctrines do most of the work.
The Castle Doctrine
If someone unlawfully forces their way into your home, vehicle, or workplace, the law presumes your belief that force was necessary was reasonable. You do not have to prove you were actually in danger. The presumption also applies if someone tries to forcibly remove you from any of those places, or if the intruder is committing a violent crime such as robbery, murder, or sexual assault.18State of Texas. Texas Penal Code 9.32 – Deadly Force in Defense of Person The practical effect is that the prosecution has to prove your use of force was not justified, rather than the other way around.
Stand Your Ground
Outside your home, vehicle, or workplace, you have no duty to retreat before using force in self-defense, provided you have a legal right to be where you are and are not engaged in criminal activity beyond a minor traffic offense. Deadly force is justified when you reasonably believe it is immediately necessary to prevent death, serious bodily injury, or a violent crime such as aggravated kidnapping, robbery, or murder.19State of Texas. Texas Penal Code 9.31 – Self-Defense
Two limits catch people off guard. You lose your self-defense claim if you provoked the confrontation, unless you clearly tried to withdraw and the other person kept attacking. You also cannot claim self-defense if you were carrying a weapon in violation of the law at the time.
Civil Immunity
If your use of force is justified under the Penal Code, Texas grants immunity from civil lawsuits for the resulting injury or death. The person you defended against, or their family, cannot sue you for damages.20State of Texas. Texas Civil Practice and Remedies Code 83.001 – Civil Immunity
Taking a Firearm Out of Texas
Texas carry rights end at the state line. What you can do next depends on how you travel.
The federal Firearm Owners Protection Act (18 U.S.C. § 926A) lets you transport a firearm through states where you could not otherwise possess it, as long as the firearm is legal both where you started and where you are going. The firearm must be unloaded and stored where it is not accessible from the passenger compartment. In a vehicle without a separate trunk, it must be in a locked container other than the glove compartment or center console. The trip should be reasonably direct; extended stops in a restrictive state can void the federal protection.
TSA allows firearms only in checked baggage. The firearm must be unloaded and locked in a hard-sided container. You declare it at the airline ticket counter each time you check the bag, and only you should hold the key or combination.21Transportation Security Administration. Transporting Firearms and Ammunition Ammunition can go in the same checked bag, but it must be in original packaging or a container designed to hold it. A firearm in a carry-on bag results in criminal charges and TSA fines.
In a national park located in Texas, you can carry if you follow Texas carry law. The right does not extend inside park buildings such as visitor centers, ranger stations, and administrative offices, where federal law bans firearms.13National Park Service. Firearms in National Parks Discharging a firearm in a national park is also prohibited unless you are hunting in a park that specifically authorizes it.