What To Know About Open Carry Laws in Texas

Most Texans aged 21 and older can open carry a handgun in most public places without a License to Carry (LTC). However, there are still restrictions.

If you have questions about concealed carry laws in Texas, talk to a civil rights attorney for legal advice.

Are There Places I Can’t Open Carry in Texas?

Some locations still restrict guns in Texas, including:

• Polling places
• Amusement parks
• Correctional facilities
• Racetracks and sporting event facilities

You also can’t openly carry a handgun at a college or university. People with an LTC can carry concealed firearms on a college campus, subject to exclusions established by the university. Private property owners and private businesses can also limit when visitors can carry guns.

“As long as you’re legally able to own and possess a firearm, you can legally have it in your car as long as you’re not committing any other crime,” adds J. Michael Price II, a criminal defense attorney in Plano, Texas. “Traffic tickets, speeding tickets — those don’t count.”

What about firearms in airports? “Until the new law, it was a felony to take your firearm into an airport. The law used to say, ‘Knowingly, intentionally, recklessly taking a firearm into a secured area of an airport,'” says Price.

“But that’s not what happens here. Most of the time, people are on vacation with their families or something, and they grab the wrong backpack. Now, if you’re a license holder and do that, officers will let you take it to your vehicle, secure it, and come back. If you’re not a license holder, though, you’re going to get arrested.”

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Should You Disclose That You Have a Firearm if Pulled Over by Police?

If you get pulled over, Price recommends handing the law enforcement officer your concealed carry license alongside your driver’s license. “An officer generally knows if you have a concealed license, and if you tell them up-front, you’re a law-abiding citizen,” Price says.

Price recently put his words into action when he was pulled over in Alabama on his way back from vacation. He handed the officer his license to carry, and his driver’s license, and the officer asked if he had his handgun with him. “I said, ‘Yes, sir, in the glove-box,’ and he said, ‘Let’s keep it there,’ and I said,’ Yes, sir,'” Price says. “It was that simple.”

If an officer asks and you don’t let them know where your gun is, “They could give you failure to inform an officer that you’ve got a handgun when you’re a license holder.”

An officer generally knows if you have a concealed license, and if you tell them up-front, you’re a law-abiding citizen

Can I Face Criminal Charges for Open Carrying a Handgun?

Maybe, depending on the facts and circumstances of your case. For example, if you are in a fight and you pull your handgun and point it at someone, you could face aggravated assault charges.

Most license-to-carry cases Price sees involve clients getting DWIs while having their firearms on them.

Using Common Sense When Carrying

Even if you’re legally allowed to carry a gun, it’s not recommended that you use it, or even show it off.

Price has had clients receive second-degree aggravated assault with a deadly weapon charges for flashing guns in road-rage situations. “Though there is a defense in the penal code that says you’re allowed to exhibit a deadly weapon if you’re in fear of assault or bodily injury,” he says.

Most of the time, legally owning a firearm just involves common sense. For example, it’s illegal in Texas to carry on the premises of a K-12 school or where a school function is being held. “If you’re walking around a school-sponsored activity, and you’ve got a gun in your fanny pack, I really think you’re asking for it,” Price says.

Find Experienced Legal Advice

If you’re facing criminal charges related to your possession or use of a handgun, reach out to a Texas criminal defense attorney. Your lawyer will examine the Texas penal code and your unique situation to determine how to handle criminal charges. For advice related to your rights to own or possess a firearm, reach out to a local civil rights lawyer.