Carrying
Penal Code 46.02 — 21 and older, holstered, and the places that bar it
Texas's unlawful carrying section makes carrying a handgun on or about the person an offense for someone younger than 21, or someone with one of the convictions the section lists in the five years before, when they are not on their own premises or premises under their control, and not inside or directly on the way to a vehicle or watercraft they own or control. It is generally a Class A misdemeanor.
- In a vehicle or watercraft the person owns or controls, it is an offense to carry a handgun in plain view, unless the person is 21 or older or licensed and the handgun is in a holster.
- It is also an offense there while the person is engaged in criminal activity, other than a Class C traffic or boating offense, or is prohibited by law from possessing a firearm.
- Carrying a handgun and intentionally displaying it in plain view of another person in a public place is an offense, except that a handgun partly or wholly visible in a holster is excepted.
- Carrying a handgun while intoxicated is an offense away from the person's own property, private property with the owner's consent, or a vehicle the person owns or controls or has the owner's consent to be in.
A license holder asked for identification while carrying shows two cards. A license holder carrying a handgun when a magistrate or peace officer demands identification has to display both a driver's license or state identification certificate and the handgun license, and a copy of the court order where the handgun license bears a protective order designation. A license requires, among other things, being at least 21, six months' residence, and no felony conviction.
| Where a firearm is barred | The class |
|---|---|
| Where a firearm is barredA school's or college's premises, grounds where it holds an activity, or its transportation vehicle, unless its written rules or authorization allow it; at a college, a license holder's concealed handgun is excepted | The classThird degree felony |
| Where a firearm is barredA polling place on election day or during early voting | The classThird degree felony |
| Where a firearm is barredA court or its offices, unless the court's written rules or authorization allow it | The classThird degree felony |
| Where a firearm is barredA racetrack, or the secured area of an airport | The classThird degree felony |
| Where a firearm is barredA business with an alcohol permit that gets 51 percent or more of its income from drinks served on the premises | The classThird degree felony |
| Where a firearm is barredA high school, collegiate or professional sporting event | The classClass A misdemeanor |
| Where a firearm is barredA hospital or nursing facility without written authorization, or an amusement park | The classClass A misdemeanor |
| Where a firearm is barredThe room of an open meeting of a governmental entity that gave the required notice | The classThird degree felony |
Being licensed is not a defense in the barred places, except at an airport screening checkpoint where the license holder leaves immediately after screening and saying they have the handgun. Premises in the barred places section means a building or part of one, not a driveway, sidewalk or parking area. A license holder who displays a handgun in plain view in public commits an offense unless it is in a holster, or holstered in a vehicle. Signs a private owner posts to bar license holders are covered by other sections not set out here.
Sources for this section (5)
- Penal Code 46.02 — Unlawful carrying weapons
- Penal Code 46.03 — Places weapons prohibited
- Gov't Code 411.205 — Requirement to display license
- Gov't Code 411.172 — Eligibility for a license to carry a handgun
- Penal Code 46.035 — Unlawful carrying of handgun by license holder
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.