Texas Constitutional Carry

Starting September 1st, Texas will be the 21st state to enact ‘Constitutional Carry’, a law that enables certain gun-owners to carry a handgun without a handgun license.

But before you spring for your holster, there are some important things to know.

In 2021, the Texas Legislature passed HB 1927, the Firearm Carry Act ‎of 2021, also referred to as Constitutional Carry. HB 1927 allows individuals 21 ‎years of age and older to possess and carry a handgun in public without a government-issued license, provided they are not otherwise prohibited from possessing a firearm under ‎state or federal law. HB 1927 does not repeal licensed carry and leaves the handgun licensing ‎scheme in place for individuals who choose to get a license.‎

This bill comes with major changes to Texas laws. Both licensed and unlicensed carriers should pay close attention to these changes, as violations can come with felony charges and potential jail time.

Ignorance will not protect you in court. If you plan to carry a firearm, you should always keep up to date on the latest changes to the state’s laws. This page provides a high-level summary of the changes coming with Constitutional Carry, so you can start to understand the significance of the new law.

NOTE: This information should serve as a starter for your research. This is not a comprehensive summary of all laws, penalties, changes and regulations related to firearms, so we highly recommend that you pursue additional resources to develop a deeper understanding of the new law.

Section 1: What is Texas Constitutional Carry?

Section 2: What does Texas Constitutional Carry allow?

Section 3: What does Texas Constitutional Carry NOT allow?

Section 4: What signs affect me in Texas?

Section 5: 51% Sign

Section 6: NEW ‘46.03’ Sign

Section 7: NEW ‘30.05’ Sign

Section 8: ‘30.06’ and ’30.07’ Signs

Section 9: Other Signs

Section 10: Should I still get a Texas Carry license?

Section 11: Where can I learn more about Texas Constitutional Carry?

Click Here To Read the Whole Law

‘Constitutional Carry’ is a popular term used to describe laws that allow individuals to carry a firearm without a license.

Make no mistake: Constitutional Carry is not without regulation. You are still subject to state laws regarding prohibited locations and methods of carry. In fact, many states adopt additional restrictions for constitutional carry specifically.

Texas’ Firearms Carry Act of 2021 makes several key changes to the Penal Code, affecting both licensed and unlicensed carriers. It’s important to understand the specific restrictions and regulations before you ever put on a holster, as some restrictions may not be obvious.

Starting September 1st, an individual may carry a handgun, either concealed or openly (with a holster), so long as they meet certain criteria:

1. Must be 21 years of age or older;
2. Must not be prohibited from possessing a firearm in a public place under Texas law;
3. Must not have been convicted within the previous 5 years of the following misdemeanor crimes: (1) Assault Causes Bodily Injury, (2) Deadly Conduct, (3) Terroristic Threat, (4) Disorderly Conduct – Discharging a Firearm, or (5) Disorderly Conduct – Displaying a Firearm; and
4. Must not be prohibited from possessing a firearm or ammunition under federal law.

This law is available to both residents and visitors, so long as they meet the criteria under the law.
When carrying without a license, you are still subject to all the restrictions and regulations of licensed carry plus additional restrictions that apply to unlicensed carry.

License or not, state and federal regulations limit how and where you can carry a firearm.

Conduct laws are the same for both licensed and unlicensed carry. ‘Brandishing’ is still illegal, as is carrying in public while intoxicated. Your license status will not protect you in either case or other situations in which it is illegal to carry or possess a firearm.

The new law continues to include an enumerated list of locations ‎where firearms are prohibited in the state regardless of whether you are licensed or not. ‎

Prohibited locations include:

1. School or Educational Institutions, a school or educational institution transportation vehicle, or grounds where a school-sponsored activity is taking place;

2. Polling Places, including during early voting;

3. Courts and offices utilized by a court;

4. Racetracks;

5. The secured areas of airports;

6. Within 1,000 feet of a location designated by the TDCJ as a place of execution on the day a death sentence is to be imposed;

7. Bars (See 51% Signage in section below);

8. High School, Collegiate, or Professional Sporting Events or Interscholastic Events;

9. Correctional Facilities;

10. Civil Commitment Facilities;

11. Hospitals or Nursing Homes;

12. Mental Hospitals;

13. Amusement Parks;

14. A Room or Rooms of an open meeting by a government entity.

Also, you may not carry your firearm on private property that provides notice that firearms are not permitted. Notice and signage requirements are different for license-holders and unlicensed carriers.

When you carry a gun in Texas, there are a few different signs that you need to pay attention to.

The law continues to allow property owners to prohibit individuals from bringing firearms onto ‎their property using specific notice requirements outlined in statute. Each sign provides a different type of notice and includes differing penalties. Gun owners should pay close attention to posted signage. A ‎property owner may wish to pick and choose which forms of gun possession to prohibit and ‎permit by displaying some signs and not others. In addition, some property owners may provide notice through written cards or a verbal warning, which also serve as effective notice that firearms are prohibited in that location.

The 51% Sign is used to provide notice that firearms are prohibited in a bar.

In Texas, if a business makes 51% or more of its income from alcohol sales, you cannot carry a gun inside the premises—even with a license.

License-holders are provided some relief if the establishment does not provide effective notice (via posted signage) that firearms are prohibited. Basically, if you have a carry license, you have some protection if a bar fails to post a sign. If you do not have a license, you can STILL get in trouble for carrying in a bar, even if the bar doesn’t post a sign.

This sign is used to provide notice of a prohibited place, such as a courthouse, polling place, or school, etc. The sign will read: “Pursuant to Section 46.03, Penal Code (places weapons prohibited), a ‎person may not carry a firearm or other weapon on this property”. The 46.03 sign may ‎alternatively include language that is “substantially similar” to the language quoted above. ‎

This sign acts as a helpful reminder, but you should never rely on it. Prohibited places are not obligated to post this sign, and you will still get in trouble if you try to carry in a prohibited place.

Texas Penal Code Sec. 30.05(c) creates a new sign for property owners to restrict unlicensed carry. The sign will say: “Pursuant to Section 30.05, ‎Penal Code (criminal trespass), a person may not enter this property with a firearm”. The 30.05 sign may alternatively include language that is “substantially similar” ‎to the language quoted above. Notice under 30.05 alone generally does not restrict persons with a license. However, if the 30.05 is displayed with another sign described below, then all firearms may be prohibited at that location.

The existing 30.06 and 30.07 signs are still applicable as notice that firearms are prohibited for license holders.

30.06 signs restrict concealed carry. They read: “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 signs restrict open carry. They read: “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”. This notice ‎should be posted at each entrance to the relevant property.‎

Often, you’ll find businesses displaying both signs at their main entrances. This acts as effective notice for license holders, signaling that firearms are prohibited on the premises.

Some businesses display non-standard ‘No Gun’ signs on their entrances.

For license-holders, these signs may not serve as effective legal notice. Only official 30.06 and 30.07 signs or a request to depart will adequately prohibit licensed carry.

However, under the Firearms Carry Act, non-standard signs are effective notice in prohibiting unlicensed carry.

In short, if you carry without a license, any reasonable form of ‘No Gun’ sign will act as effective legal notice, so you’ll have to pay closer attention to a business’ posted signage or requests to depart wherever you go.

If you’re passionate about carry and personal protection, yes. You should still get a carry license.

Not only will a carry license afford you greater permissions, but it can help protect you in certain cases of error.

There are other benefits of handgun licenses too. When purchasing a gun, a license allows you to skip the background check. Also, for private purchases, many sellers will expect you to show a license to prove legal ownership.

More importantly, a license will help you get a deeper understanding of Texas laws. If you pursue a license, you’ll get an in-depth course on all the legal intricacies of carrying a gun. You’ll know when and where a firearm can be used, which can make a big difference in any future legal defense.

If you choose to carry without a license, you are facing greater restrictions AND putting yourself at risk of making mistakes. If you are taking the time to carry a gun daily, you should probably take the time to prepare yourself with proper legal guidance and instruction.

The best way to learn more about Texas’s new Constitutional Carry Laws is through reading the bill and all relevant statutes.

Of course, such an effort can be daunting, which is why we still recommend that you take a carry course from an accredited instructor. They will be able to provide you with all the resources necessary when reviewing your legal rights.

You can also read more from online resources, such as those offered by US Law Shield. These sites offer high-level detail on your legal responsibilities, which can be invaluable when you’re driving between different states with different laws.

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