If you’re walking down a street in Fort Worth or grabbing a taco in San Antonio, seeing a handgun on someone’s hip might give you a second of pause. Is that legal? Honestly, it depends on who you ask and, more importantly, where you’re standing.
Texas is an open carry state, but it isn't the "Wild West" free-for-all that people sometimes picture.
Since September 1, 2021, the rules shifted big time. You don't actually need a permit anymore to carry a handgun—openly or concealed—in most public places. People call it "Constitutional Carry," but the legal term is permitless carry. It basically means if you’re 21 or older and not a convicted felon, you’re usually good to go.
The Holster Rule: It’s Not Just for Show
Here is the thing most folks miss. You can’t just shove a Glock into your waistband and call it a day.
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If the gun is visible, it must be in a holster.
Back in the day, the law was super specific about it being a "shoulder or belt holster." Nowadays, the law just says "a holster." Period. Ankle holster? Sure. Thigh rig? Go for it. But if that metal is showing and it’s not holstered, you’re looking at a Class A misdemeanor. Simple as that.
Who Actually Gets to Carry?
Not everyone is invited to the party. Even in a gun-friendly state like Texas, there are hard lines in the sand.
- Age Matters: Generally, you’ve got to be 21. There was a federal court ruling (Firearms Policy Coalition, Inc. v. McCraw) that opened the door for 18-to-20-year-olds, but it’s still a bit of a legal gray area that makes cops nervous.
- The "No-Go" List: If you’ve got a felony on your record, you're out. If you’ve been convicted of certain misdemeanors—like family violence—within the last five years, it’s a no.
- The Sobriety Factor: Carrying while intoxicated is a massive no-no. It doesn't matter if you have a permit or not; if you’re buzzed, leave the iron at home.
Where the Signs Stop You Cold
Just because Texas is open carry doesn't mean you can walk into a hospital or a school with a 1911 strapped to your leg. Private businesses still have a huge say in what happens on their property. You need to keep your eyes peeled for specific signs.
Section 30.06 and 30.07 signs are the big ones.
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A 30.06 sign means "no concealed carry." A 30.07 sign means "no open carry." If a shop has both, they don't want guns in there at all. Then there’s the 51% sign. If a bar makes 51% of its money from booze for on-site consumption, guns are strictly prohibited. No exceptions.
The "LTC" Still Matters (Surprise!)
You might wonder: "If I don't need a license, why do people still get them?"
Well, having a License to Carry (LTC) is sorta like having a VIP pass. It makes buying a gun faster because you skip the NICS background check at the counter. Plus, if you travel to other states, an LTC might be recognized there, whereas permitless carry usually isn't. It also gives you a bit more "grace" if you accidentally walk into a prohibited area—sometimes.
Prohibited Places: The Red Zones
Even with the 2021 law, certain spots remain strictly off-limits to everyone except law enforcement.
- Schools: K-12 school buildings and school buses.
- Polling Places: Don't bring your gun to vote.
- Courthouses: The judge won't be a fan.
- Airports: You can’t take it past the TSA security checkpoint.
- Sporting Events: High school, college, or pro games are gun-free zones.
What Happens if a Cop Stops You?
Let’s say you’re open carrying and an officer pulls you over or walks up to you. You aren't legally required to volunteer that you're carrying unless they ask for your ID.
However, if you have an LTC, you must hand it over along with your driver's license if an officer asks for identification. It’s always smarter to be upfront. "Officer, I have a holstered firearm on my right hip," goes a long way in keeping everyone calm.
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Actionable Next Steps for You
If you're planning to exercise your right to open carry in the Lone Star State, don't just wing it.
- Read the Penal Code: Check out Sections 46.02 and 46.03. It's dry, but it's the law.
- Invest in a Quality Holster: Since it’s a legal requirement for open carry, get something with good retention so the gun stays where it belongs.
- Check the Signs: Get used to looking at the doors of every business you enter.
- Take a Class: Even if you don't get the license, a basic gun safety and "use of force" class is invaluable. Knowing when you can legally pull your weapon is more important than knowing how to shoot it.
Texas gives you the freedom, but the responsibility is all on you. Stay legal, stay safe, and keep that holster snug.