Texas changed forever on September 1, 2021. That was the day House Bill 1927 went live, and honestly, it felt like the Wild West was back—at least in the headlines. You’ve likely heard it called "Constitutional Carry." Or maybe you call it permitless carry. Whatever the name, the reality of Texas law open carry is a lot more nuanced than just "strap it on and go."
It’s a weird mix of total freedom and high-stakes legal traps.
Think about it. Before 2021, you had to jump through hoops. You needed a License to Carry (LTC). You needed fingerprints. You needed a four-to-six-hour class. Now? If you’re 21 or older and not a "prohibited person," you can walk down Congress Avenue in Austin with a Glock 19 visible in a holster. No plastic card required.
But here is the kicker: just because it's legal doesn't mean it's smart, and it definitely doesn't mean it's allowed everywhere.
The Reality of Permitless Carry in the Lone Star State
So, let's talk about the 21-year-old requirement. This is a big one. Generally, you have to be at least 21 to carry a handgun openly or concealed under the permitless carry rules. There was a huge legal fight about this involving the Firearms Policy Coalition. A federal judge actually ruled that banning 18-to-20-year-olds from carrying was unconstitutional, and the Texas Department of Public Safety eventually dropped their appeal.
Still, if you’re under 21, the water is murky. Stick to the LTC path if you're in that age bracket to stay safe.
Holsters are no longer optional or specific. Used to be, the law required a "belt or shoulder holster." That specific language is gone. Now, the law just says it has to be a "holster." It sounds like a minor detail, right? Wrong. If you’re tucking a gun into your waistband without a holster, you’re breaking the law. It’s a Class A misdemeanor.
Don't be that person.
The "prohibited person" list is longer than you’d think. Obviously, if you have a felony, you're out. If you have a conviction for family violence, you’re out. But it also catches people with recent Class A misdemeanor convictions for things like "deadly conduct" or "terroristic threat." Even if you feel like you've moved on, the state of Texas might not have.
Where Your Rights End: The Off-Limits List
You can't just walk into a courtroom. You can't walk into a polling place on election day. Schools? Off-limits. Professional sporting events? Usually a no-go.
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Texas Penal Code Sections 46.03 and 46.035 are the ones you need to memorize. They outline the "statutory" off-limits places.
- Bars: If the establishment gets 51% or more of its income from booze for on-premises consumption, you cannot carry there. Look for the red "51%" sign. If you miss it and walk in, you’re looking at a third-degree felony. That’s life-altering.
- Amusement Parks: Places like Six Flags are generally off-limits if they provide the proper notice.
- Government Meetings: If a meeting of a governmental body is happening and they give notice, leave it in the truck.
What about private property? This is where Texas law open carry gets really spicy for business owners. A private business can ban guns whenever they want. They just have to tell you. Under Texas law, they do this with specific signs.
You’ve probably seen them. The 30.05 sign is for permitless carry. The 30.06 sign is for concealed carry by LTC holders. The 30.07 sign is for open carry by LTC holders.
If a business hangs a 30.05 sign, and you’re carrying without a permit, you’re trespassing the second you walk through the door. If they tell you to leave and you don’t, it’s even worse. Interestingly, some businesses only ban open carry but allow concealed carry. Why? Because open carry scares some customers. It’s a "vibe" thing.
The LTC Still Matters (A Lot)
You might be thinking, "Why would I ever pay for a license now?"
Honestly, the LTC is still the "VIP pass" for Texas gun owners.
First, reciprocity. If you want to drive over to Louisiana or head up to Oklahoma, your "permitless" status doesn't always travel with you. An LTC is recognized in over 30 states. Without it, you’re stuck at the state line.
Second, the "oops" factor. If you accidentally walk into a place like an airport (the non-secure area) or a business with a sign, having an LTC often gives you a legal "out" or a lesser penalty than someone carrying without a permit. For example, under 46.03, if an LTC holder walks into a place where weapons are prohibited, they generally must be given personal, oral notice and a chance to leave before being arrested.
Then there is the background check. With an LTC, you walk into a gun store, pick a pistol, fill out the 4473, and walk out. No waiting for the NICS background check to clear. It’s instant.
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Interactions With Police
This is the part that makes people nervous. If a cop pulls you over, do you have to tell them you have a gun?
In Texas, if you have an LTC, the law says you "shall" display your license when a peace officer asks for identification. If you are carrying permitless, there isn't a specific "duty to inform" in the same way, but common sense applies.
Cops hate surprises.
If you're pulled over for speeding and you have a 1911 sitting on your hip, keep your hands on the steering wheel. Tell the officer calmly. "Officer, just so you know, I am legally carrying a firearm in a holster on my right hip."
Usually, they’ll just say "don't touch yours and I won't touch mine." But remember, under the new law, an officer can disarm you temporarily if they have a safety concern during a stop. They have to give it back before you leave, assuming you aren't being arrested for something else.
Common Myths That Get People Sued
One of the biggest myths is that you can carry anywhere that doesn't have a sign.
Not true. Some places are "gun-free" by default, even without a sign. Think about high school football games. Even if there isn't a 30.05 sign at the gate, the law automatically makes it a prohibited place because it's a school-sponsored event.
Another myth: "I can carry a long gun anywhere."
While Texas has always been pretty chill about rifles and shotguns, "manner" matters. If you're carrying an AR-15 down a busy sidewalk in a way that is "calculated to cause alarm," you can be charged with disorderly conduct. It’s a vague law, and "alarm" is in the eye of the beholder.
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How to Stay Out of Trouble
If you’re going to utilize Texas law open carry, you need to be more responsible than the average person, not less.
- Get a real holster. No "sticky" holsters that fall out. No "Mexican carry" (sticking it in the waistband). Get something with retention.
- Read the signs. Every single time you walk into a store, look at the glass. If you see a lot of text, read it.
- Know the 51% rule. If you're going to a restaurant that serves booze, check their status. Apps like "Texas 30.06" are great for crowdsourcing which businesses are friendly and which aren't.
- Practice. Open carry makes you a target for two things: thieves and nervous people. If you don't have the training to retain your weapon or the social skills to de-escalate a confrontation, you're asking for a headache.
The law changed to give you freedom, but the legal system in places like Travis County or Dallas County can still be very aggressive. They might not like the new law, and they will look for any reason to stick you with a "deadly conduct" or "unlawful carry" charge if you mess up the details.
Actionable Steps for the Texas Resident
If you want to carry under the current law, don't just wing it.
Start by reading the actual text of House Bill 1927. It’s dry, but it’s the source of truth.
Next, even if you don't get the license, take an LTC class. Most instructors offer a "Constitutional Carry" version of the course. You need to know when you are legally justified in using force. Carrying the gun is the easy part; knowing when to pull the trigger—and more importantly, when NOT to—is what keeps you out of prison.
Lastly, check your gear. If you're carrying openly, you're advertising. Make sure your holster is secure and your belt is strong enough to hold the weight.
Texas is a "shall-issue" and permitless state, but it’s also a state that takes its penal code seriously. Respect the signs, know the off-limits zones, and don't give the critics a reason to say the law was a mistake.
Stay safe, stay legal, and keep your head on a swivel.
Immediate Next Steps:
- Check your local gun range for a "Law of Carry" seminar to understand recent 2024-2025 court rulings.
- Download a "Texas 51% map" app to your phone to vet locations before you arrive.
- Inspect your holster for "Level 2" retention if you plan on open carrying in crowded urban areas.