Is Texas an Open Carry State? Yes—And Constitutional Carry Means No Permit Needed Since 2021 2026
Yes, Texas is an open carry state. Since September 1, 2021, anyone aged 21 or older who can legally possess firearms may carry handguns openly in holsters without obtaining permits or licenses under Texas’s constitutional carry law, House Bill 1927.
Confusion exists because Texas recently eliminated permit requirements that existed for decades, neighboring states have different regulations, and prohibited locations remain even though permits aren’t required for most public carry.
How Texas’s Open Carry and Constitutional Carry Laws Work Together
Texas permits open carry of handguns without requiring permits or licenses for anyone 21 or older who meets legal possession requirements. Open carry means your handgun remains visible in a holster—Texas law specifically requires openly carried handguns to be in holsters.
House Bill 1927, which took effect September 1, 2021, established constitutional carry in Texas. This law eliminated the requirement to obtain a License to Carry (LTC) before carrying handguns openly or concealed. Both forms of carry are now legal without permits for qualifying individuals.
Understanding the Distinction Between Open Carry and Concealed Carry in Texas
Open carry means your handgun is visible to others in a holster. Concealed carry means the firearm is hidden from view under clothing or in bags. Before HB 1927, Texas required permits for concealed carry but allowed open carry with permits for LTC holders only.
The constitutional carry law changed both requirements. Now, anyone 21 or older (or 18 for active military members with firearms training) who isn’t prohibited from possessing firearms may carry openly or concealed without permits. Similar to Ohio’s constitutional carry law, Texas eliminated permit requirements while maintaining location-based prohibitions.
Why Some Texas Residents Still Obtain License to Carry
Even though licenses aren’t required, many Texans still obtain LTCs for specific benefits. Texas honors concealed carry permits from all states, and other states may require Texas permits for reciprocity when traveling.
LTC holders also gain exemptions from certain restrictions. License holders may carry in establishments serving alcohol (provided they don’t consume alcohol), while permitless carriers cannot. License holders may also carry on college campuses where permitless carriers are prohibited.
Where Texas Law Prohibits Firearms Regardless of Constitutional Carry Status
Constitutional carry doesn’t eliminate location-based prohibitions. Texas maintains numerous restricted locations where firearms cannot be carried openly or concealed.
Schools, Courthouses, and Government Buildings
Texas Penal Code § 46.03 prohibits carrying firearms in schools (K-12), on school premises, school buses, and at school-sponsored activities. This prohibition applies to both open and concealed carry unless you’re picking up or dropping off students and remain in your vehicle.
Courthouses and buildings containing courtrooms prohibit firearms. Correctional facilities, civil commitment facilities, hospitals operating as psychiatric hospitals, and nursing facilities also ban firearms under § 46.03.
Establishments Serving Alcohol and Posted Private Property
Texas Penal Code § 46.035 prohibits carrying firearms into businesses deriving more than 51% of gross receipts from alcohol sales. These establishments must post “51%” warning signs in red letters indicating concealed weapons are prohibited.
Private property owners can prohibit firearms by posting appropriate signage under Texas Penal Code § 30.06 (concealed carry prohibition) or § 30.07 (open carry prohibition). Entering posted property with firearms violates Texas law even though the state permits constitutional carry.
Federal Property and Additional Restricted Locations
Federal law prohibits firearms in federal buildings, post offices, and secure areas of airports regardless of state constitutional carry laws. These restrictions apply in Texas just as nationwide.
Racetracks, polling places on election days, amusement parks, places of religious worship (unless the property allows it), and airports or airport sterile areas all prohibit firearms. Understanding these complex restrictions parallels challenges in states like California where court rulings on open carry haven’t yet taken effect.
Why Texas Gun Owners Face Confusion About Constitutional Carry Changes
Texas’s transition from permit-required carry to constitutional carry created uncertainty about current requirements and restrictions.
Recent Legal Changes Eliminated Decades of Permit Requirements
Before September 1, 2021, Texas required LTCs for both open carry and concealed carry. The law mandated four to six hours of firearms training including written exams and shooting proficiency demonstrations. Violating carry laws without licenses resulted in criminal charges.
HB 1927 eliminated these requirements for qualifying individuals aged 21 or older. Many online sources haven’t updated their information to reflect this change, leading readers to believe permits remain required when they don’t.
Neighboring States Have Different Firearm Carry Requirements
Texas borders New Mexico, Oklahoma, Arkansas, and Louisiana. Each state has distinct firearm regulations creating confusion for travelers and new residents.
New Mexico has limited constitutional carry only in vehicles. Oklahoma has constitutional carry similar to Texas. Arkansas requires permits for concealed carry but allows open carry without permits in most areas. Louisiana is a constitutional carry state. These varying requirements confuse gun owners traveling between states.
Common Misconceptions About Texas Open Carry and Constitutional Carry Laws
You Still Need a Permit to Carry Firearms in Texas
False. Since September 1, 2021, Texas permits both open and concealed carry without licenses for anyone 21 or older (or 18 for active military with firearms training) who can legally possess firearms. Permits are no longer required though many obtain them for reciprocity benefits.
This represents Texas’s most significant firearm law change in decades. Outdated information continues circulating online causing confusion about current requirements.
Open Carry Was Always Legal in Texas
False. Before 2016, Texas prohibited open carry of handguns even with permits. House Bill 910 legalized open carry for LTC holders starting January 1, 2016. HB 1927 in 2021 extended open carry rights to anyone meeting constitutional carry requirements.
Long guns (rifles and shotguns) have always been legal to carry openly in Texas without permits, but handgun open carry is a relatively recent development.
You Can Carry Firearms Anywhere in Texas Without Restrictions
False. Schools, courthouses, government buildings, establishments serving alcohol (for permitless carriers), racetracks, polling places, amusement parks, hospitals, nursing facilities, correctional facilities, and posted private property all prohibit firearms. Constitutional carry eliminated permit requirements—it didn’t eliminate location-based prohibitions.
Violating prohibited location restrictions can result in Class A misdemeanor charges or felonies depending on the location and circumstances.
Openly Carried Handguns Don’t Need to Be in Holsters
False. Texas Penal Code § 46.02 requires openly carried handguns to be in holsters. Carrying a handgun openly without a holster violates Texas law and can result in criminal charges.
This requirement ensures firearms are secured and distinguishes lawful open carry from unlawful display or brandishing.
What Texas Gun Owners Should Do to Comply With Current Firearm Carry Laws
Verify You’re Not Prohibited From Possessing Firearms
Before carrying firearms openly or concealed, confirm you’re not prohibited under Texas Penal Code § 46.04 or federal law. Prohibitions include felony convictions within five years (or at the felon’s residence or premises controlled by the felon after five years), domestic violence misdemeanor convictions, active protective orders, fugitive status, and certain criminal charges.
Federal law under 18 U.S.C. § 922 adds prohibitions for unlawful drug users, dishonorable military discharges, and renounced citizenship. Carrying while prohibited is a felony regardless of constitutional carry status.
Familiarize Yourself With Prohibited Locations and Posted Property
Learn which locations prohibit firearms under Texas Penal Code § 46.03. Schools, courthouses, correctional facilities, psychiatric hospitals, nursing facilities, racetracks, polling places, amusement parks, and establishments with 51% alcohol sales all ban firearms.
Pay attention to private property signage under § 30.06 (concealed carry prohibition) and § 30.07 (open carry prohibition). These signs must meet specific legal requirements including one-inch lettering and contrasting colors. Violating posted property restrictions can result in criminal trespassing charges.
Ensure Openly Carried Handguns Are in Holsters
Texas law requires openly carried handguns to be in holsters. Purchase a quality holster that securely holds your firearm and prevents accidental discharge. Carrying without a holster violates Texas law and defeats the safety purposes of the holster requirement.
Shoulder holsters, hip holsters, ankle holsters, and other secure carry methods all satisfy the holster requirement provided they adequately secure the firearm.
Frequently Asked Questions About Texas Open Carry and Constitutional Carry Laws
Is Texas an Open Carry State?
Yes. Texas permits open carry of handguns in holsters without requiring permits for anyone 21 or older who can legally possess firearms. Since September 1, 2021, Texas has been a constitutional carry state allowing both open and concealed carry without licenses.
Do You Need a Permit to Open Carry in Texas?
No. You do not need a permit to open carry in Texas if you are at least 21 years old (or 18 for active military with firearms training) and not prohibited from possessing firearms. Texas’s constitutional carry law eliminated permit requirements for both open and concealed carry.
Where Can You Not Open Carry in Texas?
You cannot carry firearms (openly or concealed) in schools, courthouses, correctional facilities, psychiatric hospitals, nursing facilities, racetracks, polling places, amusement parks, establishments deriving more than 51% of receipts from alcohol sales, federal buildings, or private property with posted prohibition signs. These restrictions apply regardless of permit status.
What Is the Difference Between Open Carry and Concealed Carry in Texas?
Open carry means your handgun is visible in a holster. Concealed carry means the firearm is hidden from view. Both are legal without permits in Texas since September 1, 2021, for anyone 21 or older (or 18 for military with training) who can legally possess firearms.
What Are the Penalties for Carrying a Firearm in Prohibited Locations in Texas?
Violating Texas Penal Code § 46.03 by carrying in prohibited locations like schools or courthouses is typically a third-degree felony punishable by 2 to 10 years in prison and fines up to $10,000. Violating posted private property restrictions under § 30.06 or § 30.07 is a Class C misdemeanor for first offense.
Can You Open Carry in Texas If You’re Visiting From Another State?
Yes. Non-residents may open carry in Texas under the same rules as residents, provided they are at least 21 years old and can legally possess firearms. Texas’s constitutional carry law applies equally to residents and non-residents.
Last Updated: January 26, 2026
Disclaimer: This article provides general information about Texas’s open carry and constitutional carry laws and is not legal advice. Individuals facing firearm-related legal issues should consult qualified attorneys for case-specific guidance.
If you have questions about your firearm carry rights in Texas or face legal issues related to firearm possession, contact local law enforcement for clarification or consult an attorney experienced in Texas firearm law.
Stay informed, stay protected. — AllAboutLawyer.com
Sources Cited:
- Texas House Bill 1927 (87th Legislature, 2021) — Constitutional Carry Law
- Texas Penal Code § 46.02 (Unlawful Carrying of Weapons)
- Texas Penal Code § 46.03 (Places Weapons Prohibited)
- Texas Penal Code § 46.035 (Unlawful Carrying of Handgun by License Holder)
- Texas Penal Code § 46.04 (Unlawful Possession of Firearm)
- Texas Penal Code § 30.06 (Trespass by License Holder with Concealed Handgun)
- Texas Penal Code § 30.07 (Trespass by License Holder with Openly Carried Handgun)
- 18 U.S.C. § 922 (Federal Firearm Regulations)
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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