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Is it legal to have a firearm with you?

Is it legal to have a firearm with you?

The short answer is YES. If you can legally own a firearm then you can posses that firearm in your home, vehicle, and public places.

It's important to note that certain locations remain off-limits for carrying firearms. These include schools, correctional facilities, hospitals, amusement parks, and businesses deriving over 51% of their income from the sale of alcohol for on-premises consumption. Additionally, private property owners retain the right to forbid firearms on their premises.

  • Texas House Bill 1927 - Constitutional Carry: Carry handguns openly or concealed in most public places without the need for a license
    • Age Requirement: The individual must be at least 21 years old.
    • Prohibited Persons: The individual must not be otherwise prohibited by law from possessing a firearm, such as individuals with certain felony convictions. ​
  • Texas Penal Code § 46.02: The right to carry a firearm in a motor vehicle
    • Owner or Driver: Must be their own vehicle or a vehicle under their control
    • Age Requirement: The individual must be at least 21 years old.
    • Holster Requirement: If the handgun is in plain view, it must be carried in a holster.
    • Legal Activities: The individual must not be engaged in criminal activity, excluding Class C misdemeanors related to traffic or boating laws.
    • Prohibited Persons: The individual must not be otherwise prohibited by law from possessing a firearm, such as individuals with certain felony convictions. ​

Texas § 411.171–§ 411.209: License to Carry

Individuals with an LTC have additional legal protections and the ability to carry in other states.

  • Age Requirement: The individual must be at least 18 years old. (18 years old requires a legal need like a protection order)
  • Legally Allowed: Meet federal qualifications to purchase a handgun
  • Proficient: Complete a handgun proficiency course approved by the Texas Department of Public Safety (DPS)
  • Background Checked: Submit fingerprints and undergo a background check.​

    • Enhanced Protections

    • Presumption of Lawful Carry: If you’re stopped by law enforcement, your LTC shows you’ve passed a background check and completed firearms training, which may give you the benefit of the doubt that you're carrying legally.
    • Trespass Protections:
      • Without an LTC, you can be criminally trespassed for carrying into a business that simply verbally informs you no guns are allowed
      • With an LTC, property owners must post legally defined signage (such as 30.06 or 30.07 signs) for you to be in violation. This means you’re less likely to be arrested just for being unaware.
    • School Grounds Flexibility: An LTC holder can legally keep a handgun in a vehicle parked in a school parking lot (like at a university), provided it’s not in plain view and the vehicle is locked.

    Federal Exemptions

    • Gun-Free School Zones Act (GFSZA)
      • Federal law prohibits carrying a firearm within 1,000 feet of a school unless:
        • The firearm is unloaded and locked away; or
        • You have a license issued by the state in which the school is located.
      • So, with a Texas LTC, you can legally carry (per federal law) near Texas schools.
    • Airport Non-Secure Areas: LTC Holders can legally carry in non-secure areas of airports (such as baggage claim or check-in).
    • NICS Background Check Exemption
      • When buying a firearm from a dealer, LTC holders don’t need to go through the NICS background check (though the dealer may still run one).
      • This can speed up purchases and make repeat buys more convenient.

    Important Signs

    30.05 - Unlicensed (permitless) carry of firearms

    "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm."

    30.06 - Prohibits concealed carry by LTC holders

    "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun."

    30.07 - Prohibits open carry by LTC holders

    "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly."

    51% Sign - Absolutely no carry allowed—concealed or open—even with an LTC

    "The unlicensed possession of a firearm on the premises is a felony with a maximum penalty of 10 years in prison and a fine not to exceed $10,000. Licensed possession is a felony as well."

    Texas Penal Code § 38.02 vs Texas Government Code § 411.205

    • Reconciling the Two Statutes
      • General vs. Specific Obligations: While § 38.02 sets general conditions under which individuals must identify themselves (primarily post-arrest), § 411.205 imposes a specific duty on LTC holders to present identification when carrying a handgun, regardless of an arrest situation.
      • Context of the Interaction: If an individual is carrying a handgun under an LTC, they are legally obligated to provide identification upon request by a peace officer, even if they are not under arrest. This requirement is separate from the obligations outlined in § 38.02.

    While § 38.02 delineates when any individual must identify themselves to law enforcement (when arrested or witness to a crime), § 411.205 places an additional requirement on LTC holders to present their identification and handgun license when carrying, upon the lawful demand of a peace officer.