Texas is a shall-issue state, with concealed weapons licenses issued at the state level by the Department of Public Safety.
There is no permit, background check or firearms registration required when buying a handgun from a private individual.
As of Sept. 1, 2021, permitless concealed carry and open carry is legal for anyone at least 21 years old who may lawfully possess a handgun. The new law applies to both open carry in a holster and concealed carry, where no part of the firearm is visible. Texas law is quite specific in that openly carried handguns must be kept in a holster. Texas LTCs are issued to both residents and non-residents who are at least 21 years of age (18 if a member or veteran of the U.S. military). They require a four- to six-hour training course as well as passing both a written exam and a shooting proficiency demonstration. Some areas are off-limits, including racetracks and secure areas of airports. In terms of reciprocity, since Texas allows permitless carry, any person 21 years of age and older who can legally possess a firearm may carry a concealed firearm on his or her person without a license or permit.
*United States District Judge Mark T. Pittman ruled that 18 to 20 year olds must be allowed to carry a handgun outside the home in Texas. He allowed this to be done by letting them get a Texas license to carry. The Texas Department of Public Safety (DPS) will now issue a Texas LTC to anyone that is at least 18 years old. On Jan. 10, 2023, the Office of General Counsel sent a memo to DPS offices directing them to no longer enforce the state law that bars adults under 21 from carrying handguns in public.
Where can I carry with my Texas permit?
Yes
Yes, Constitutional Carry
Yes, Other Restrictions
No
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Important Firearm Laws
public access to concealed carry registry?
No, however the information is available to to any criminal justice agency.
red flag law?
No. Texas does not have a red flag law.
brandishing?
No definition of brandishing was found in Texas law.However, a person commits disorderly conduct if he or she intentionally or knowingly displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.
preemption?
Yes, the state has preemption of firearms laws in Texas, except local municipalities may:
In addition, in any county building that houses a justice court, county court, county court at law, or district court, or in any office used by these courts, any person who possesses a firearm without the court’s written authorization, or without complying with any written regulation of the court, is subject to criminal liability.
Based on an Attorney General opinion, counties may prohibit concealed handgun license holders from carrying concealed handguns in county parks and rapid transit authorities may prohibit concealed handgun licensees from carrying handguns while on public transportation.
[Tex. Local Gov't Code § 229.001(b)(6)][Tex. Local Gov’t Code § 291.010(c)]
duty to inform officer you're carrying?
You have a duty to inform a law enforcement officer that you're carrying a concealed firearm in Texas when an officer demands that you display identification, you must display both your driver’s license or identification and your handgun license.
carry while using alcohol or drugs?
As of Sept. 1, 2021, carry is prohibited If you are intoxicated anywhere other than:
With the consent of the owner or operator of the vehicle or watercraft. [Texas Penal Code § 46.02(a-6)]
"Intoxicated" is defined as:
[Texas Penal Code § 49.01(2)]
As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
non-resident permitting?
Yes. The process is the same as for residents.
driver's license linked to carry license?
Yes. Texas does show if the registered driver of the car has a license to carry (LTC). So when pulled over, the license plate trace shows that data. If the DL is run independently of a license plate it will also show that you have a LTC.
"no weapons allowed" signs enforced?
Yes. As of Sept. 1, 2021, signage is complicated in Texas, and anyone carrying a firearm will need to understand the differences between the definitions of each sign. The Firearm Carry Act of 2021 creates two additional weapons signs:
Regardless of which sign is posted, once a person receives effective consent (either verbal or written notice) that entry on the property is prohibited, he or she must promptly leave or risk being charged with a misdemeanor.
Carry Basics
weapons other than handguns allowed?
No. A Texas LTC does not apply to weapons other than handguns.
magazine limits for handguns?
No. Texas has no limit for handgun magazine capacity.
minimum age for concealed carry?
The minimum age to carry is 18 years old. On Jan. 10, 2023, the Office of General Counsel sent a memo to DPS offices directing them to no longer longer enforce the state law that bars adults under 21 from carrying handguns in public.
open carry permitted?
Yes. As of Sept. 1, 2021, permitless open carry is legal for anyone at least 21 years old who may lawfully possess a handgun, provided the handgun is carried in a holster.
According to Texas Penal Code § 46.02(a-5), it is illegal to carry a handgun and intentionally display it in plain view of another person in a public place, unless the handgun is partially or wholly visible (openly carried) but is carried in a holster.
[Texas Penal Code § 46.035 be sure to choose 9/1/2021]
ammunition restrictions?
Yes. Armor-piercing ammunition is prohibited.
permitless carry?
Yes. As of Sept. 1, 2021, permitless concealed and open carry is legal for anyone at least 21 years old who is not prohibited from lawfully possessing a handgun under federal law or Texas state law. The following individuals are prohibited from owning or possessing a firearm under Texas state law:
Provided a person has not been convicted of any of the following offenses within the preceding 5-year period:
gun permit licensure?
Texas is a shall-issue state.
non-lethal weapons?
STUN GUNS and Tasers are legal to purchase and possess without a license.
PEPPER SPRAY - Legal for self-defense purposes. Texas imposes no restricitions on size or concentration.
TEAR GAS - Legal for self-defense but subject to general misuse laws.
BEAR SPRAY - Legal for self-defense against wildlife. No specific state restrictions but misuse against humans could lead to legal consequences.
BLUDGEONS AND BATONS - Expandable batons are legal to own and carry in Texas. Batons are not classified as "prohibited weapons," so they can be carried openly or concealed without a permit.
Items such as billy clubs, slapjacks, and nightsticks are also legal unless used with criminal intent.
BRASS KNUCKLES - Legal under Texas law. Brass knuckles are no longer classified as "illegal weapons" as of September 1, 2019 following HB 446.
byrna's?
Legal for purchase and possession. Byrna guns are not classified as firearms under Texas law
Handgun Purchase & Possession
texas license exempts from background check?
Yes.
handgun registration?
No. Texas does not require handgun registration.
background checks for private gun sales?
No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.
purchase permits?
No. Permits are not required when buying a handgun in Texas. A Texas LTC qualifies as an alternative to background check requirements for up to 5 years from the date of issuance. Therefore, an LTC expedites a firearms purchase by allowing a licensee to not have to submit to and wait on the results of a background check.
waiting period?
No. Texas has no mandatory waiting period for handgun purchases.
possess a handgun on my private property without a license?
Yes. A license is not required in a person’s own premises or premises under the person's control. “Premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent.
minimum age to possess and transport?
You must be at least 18 years old to possess or transport a handgun in Texas.
Top Gun Laws & Concealed Carry Permit Information For Texas Residents
Concealed Carry Basics Faq
wear a covid mask & carry?
There is no known statute in Texas making it illegal to wear a COVID mask while carrying concealed.
hunter harassment law?
Yes. No person may intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife.
what are the knife laws in texas?
Anyone under the age of 18 can open or concealed carry a knife with a blade that is less than 5.5 inches in length nearly anywhere. An adult can open or concealed carry any knife with a blade longer than 5.5 inches in length anywhere other than the same locations that are off-limits to firearms, which includes schools.
carry while bow hunting?
Yes, with a Texas LTC or a concealed carry license/permit from a state that Texas honors.
carry while gun hunting?
Yes, with a Texas LTC or a concealed carry license/permit from a state that Texas honors.
Processing Time:
60 days
Requirements:
An applicant must:
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of Texas.
Fees:
$40 for standard initial licenses and renewals.
$25 for initial licenses and renewals for honorably discharged military vets.
Name/Address Changes:
You can make name and address changes online.
Valid For:
5 years
Non-Resident Concealed Carry Licenses:
Out-of-state residents must supply a color copy, front and back, of a state driver’s license or ID card and a proficiency certificate not greater than 2 years old from a course approved by the Texas Dept. of Public Safety. Applications may be submitted online or via mail.
Lost/Stolen Licenses:
You can submit a request for a new license online. You will be issued a new license number for security reasons.
Residency Changes:
Moving to Texas and interested in applying for a resident license? How soon can you apply?Texas issues resident and non-resident licenses, so you can apply for your license at any time. In order to apply for a resident license, you need to be a legal resident of Texas.
Moving from Texas and have a Texas resident license? Does that license transfer to your new state? Is there a grace period during which your Texas license remains valid?If a person with a Texas license to carry establishes residency in another state, the license is valid until it expires provided he or she submits the above referenced name/address change form.
Step 1:
Submit an online application. You will need the following:
Step 2:
Schedule an appointment for fingerprinting. All fingerprints must be submitted through L-1 Enrollment Services. There is a fee of $9.95 for fingerprinting.
Step 3:
Complete classroom training. Pass the written exam and pass a shooting proficiency demonstration.
Step 4:
Submit the certificate of training to the Department of Public Safety to complete the application.
Step 5:
You will be notified by mail if your application has been approved.
carry in bars/restaurants that serve alcohol?
Carry is prohibited in businesses that sell alcoholic beverages for on-premise consumption whose alcohol sales constitute more than 50% of gross receipts that display a red sign with, "51%" in large red letters superimposed over a warning that says possession of a concealed weapon on the premises is a felony. As of Sept. 1, 2021, only permit holders have a legal defense if effective notice is not given by the business.
You can concealed carry in the restaurant area of an eatery that serves alcohol (those that make less than 51% of their profits from alcohol) without a license.
carry in state/national parks, state/national forests and wildlife management areas (wmas)?
Yes, without a license for anyone at least 21 years old who may lawfully possess a handgun. See the National Parks webpage for links to each Park in Texas. Except no firearms are allowed on or across the land of the Lower Colorado River Authority [Tex. Parks & Wild. Code § 62.081], on or over the water of Murvaul Lake in Panola County [Texas Parks and Wild. Code § 283.022] or in the following game sanctuaries:
carry at roadside rest areas?
Yes, without a license for anyone at least 21 years old who may lawfully possess a handgun.
carry/possess at a hotel?
As of September 1, 2021, unless possession of a handgun or other firearm or ammunition on hotel property is prohibited by state or federal law, a hotel may not adopt a policy prohibiting a hotel guest from:
A hotel may adopt a policy requiring a hotel guest carrying a firearm or firearm ammunition in a common area on the hotel property to carry a handgun in a concealed manner or carry a firearm or ammunition in a case or bag.
[Tex. Pen. Code §§ 30.05, 30.06 and 30.07]
store in a vehicle in an employee parking lot?
A public or private employer may not prohibit an employee who holds a valid concealed carry license from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking area the employer provides for employees except in locations prohibited by state or federal law. This includes school districts or open-enrollment charter schools per Texas Education Code § 37.0815 and institutions of higher education per Gov. Code § 411.2032 provided that the firearm or ammunition is not in plain view. There are exceptions including oil and gas refineries.
carry in vehicle?
Yes, without a license as of Sept. 1, 2021. However, it is an offense if it is in plain view, unless it is in a holster and you are either 21 years old or have a Texas LTC or a permit that Texas honors and provided you are not engaging in a criminal activity (other than a traffic violation). There are exemptions for peace officers, military, and other security and governmental professionals.
[Texas Penal Code §§ 46.02(a-1) and 46.15]
tribal land
Alabama-Coushatta Tribe of Texas - No person shall carry any firearm in or within fifty (50) feet of any building or structure on lands owned or controlled by the Tribe. Statute does not further elaborate on concealed carry, so it is recommended to call tribal authorities before concealed carrying.
Kickapoo Traditional Tribe of Texas - NO
Ysleta Del Sur Pueblo - With a written permit or other authority of the Untied States.
Deadly Force in Defense of Person
The actor’s belief that deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
A person who uses deadly force within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest when the force is used against someone who unlawfully and forcibly entered the place.
Deadly Force to Protect Property
A person is justified in using deadly force against another to protect land or tangible, movable property:
Self-Defense
Texas is a Castle Doctrine and “stand your ground” state. There is no duty to retreat from any place a person has a right to be if that person is faced with a situation where he or she has to use force or deadly force to protect himself or herself or another.
Protection of Third Person’s Property
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he or she reasonably believes them to be, the actor would be justified in using force or deadly force to protect his or her own land or property.
Texas law presumes you acted reasonably and justifiably if you use deadly force to protect yourself against an unlawful, forceful intrusion into your occupied habitation (a structure that is detached from where you sleep at night is not considered to be your habitation), vehicle, or place of business or employment; or to prevent an unlawful, forceful attempt to remove a lawful occupant from the occupied habitation, vehicle, or place of business or employment; or to prevent certain serious felonies such as burglary or arson.
Defense of Third Person
A person is justified in using force or deadly force against another to protect a third person if:
Using Force
A person is justified in using force when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
Protection of One’s Own Property
A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property.
Texas Gun Law Updates
DateDetails
2025-04-09
Added non-lethal weapons to Carry Basics section.
2024-12-27
Added tribal land information to carry location section.
2021-09-01
Updated the Summary with info regarding permitless carry per HB 1927 going into effect
2021-09-01
Updated the Vehicle Carry/Hotel Possession per HB 1927 going into effect in the At A Glance table
2021-09-01
Updated info on Permitless Carry/Open Carry per HB 1927 going into effect in the At A Glance table
2021-09-01
Updated locations in the Where Can't I Carry section per HB 1927 going into effect
2021-05-19
Added info on driver's license link to permit in At A Glance table
2020-11-24
Added information on training exemption for military in the Training Section
2020-10-15
Updated the vehicle carry in At A Glance table
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