Open Carry in Texas

According to the AustinTexas.gov Website: 

"Beginning September 1, 2021, HB1927 made it legal in Texas for most people 21 or over to carry a handgun in a holster without a permit both openly and/or concealed. This law modified the previous open carry law from 2016 by eliminating the requirement to have a license to carry."

The following is allowed by law for handgun owners:

Allowed:

• Public areas of city facilities, like libraries and recreation centers
• Texas State Capitol
• Outside in public (walking down the street)
• Concealed gun anywhere on the body. Concealing a gun is still allowed.
• Handgun in shoulder holster
• Handgun in belt holster
• Places of business with no visible signage prohibiting handgun

Guns Not Allowed:

• Secured areas of the Airport
• Courthouse
• Polling places on any voting days
• Schools
• Places of business with visible signage prohibiting handguns
• Business permitted by TABC that derives 51% or more of its income from the sale of alcohol
• High school, college, interscholastic, or professional sporting event unless the person is a participant and the event involves use of the weapon
• Correctional facility; civil commitment facility, hospital, nursing facility, or mental hospital
• Amusement park
• A room(s) where an open governmental meeting is occurring

People with a carry license may be able to carry guns where unlicensed people cannot. 

 Research from the Texas State Law Library:

https://guides.sll.texas.gov/gun-laws/carry-of-firearms#s-lg-box-wrapper-32753785

Handguns

A new law (HB 1927) took effect on September 1st, 2021. Now, people who qualify under the law can carry a handgun in a public place in Texas without a license to carry (LTC). Texans can still apply for an LTC since it may carry additional benefits. See our License to Carry page for more info.

Sections 46.02 and 46.04 of the Texas Penal Code describe unlawful carry and possession of a firearm. Generally, to carry a handgun in public in Texas without an LTC, a person must:

• Be at least 21 years old 
• Not have a prior felony conviction as described in Texas Penal Code Section 46.04
• Not have a recent conviction for certain types of misdemeanors as described in Texas Penal Code Sections 46.02 and 46.04
• Not be subject to an unexpired protective order as described in Texas Penal Code Section 46.04(c)
• Not be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g)
• Not be intoxicated, except in certain situations as described in Texas Penal Code Section 46.02(a-6)

The new Texas law does not give the right to carry a handgun to anyone who was prohibited before the new law took effect. Section 2 of HB 1927 states:

 

 https://guides.sll.texas.gov/gun-laws/license-to-carry

 

How can you carry a gun? 

https://guides.sll.texas.gov/gun-laws/carry-of-firearms#s-lg-box-wrapper-31660338

Handguns

People in Texas must carry a handgun in a holster. The holster does not have to be a shoulder or belt holster. Before HB 1927 took effect on September 1st, 2021, people in Texas needed to have a license to carry a handgun and they needed to keep their handgun in a shoulder or belt holster.

Section 46.02 of the Texas Penal Code requires a handgun to be carried in a holster, but it does not provide a definition of the word "holster."

Texas Laws

• Section 46.02 of the Texas Penal Code

  This section sets the age limit for carrying a handgun, lists which convictions disqualify someone from carrying a handgun, and lists other limitations. It sets out the requirement that handguns must be carried in a holster. It also discusses how handguns can be carried in certain motor vehicles and watercrafts.
• Section 46.035 of the Texas Penal Code

  This section discusses several situations and places in which the carry of a handgun by a license-holder may be prohibited. It also mentions the requirement to carry a handgun in a holster. Note: In 2021, HB 1927 repealed this statute and moved the content to other sections of the Penal Code. However, three other new laws in 2021 added language to this section. Some of that language may be effective in certain situations.

   
  

As of 2022, the following 36 states allow Open Carry of handguns and long guns.

1. Texas
2. Utah
3. Vermont
4. Virginia