Texas Constitutional Carry Laws

5 min readJun 21, 2024

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Texas has some of the most permissive gun laws in the United States. While certain firearms and ammunition types like machine guns, sawed-off shotguns, silencers, armor-piercing bullets, zip guns, and explosive weapons are generally prohibited unless federally registered, Texas does not impose a waiting period for firearm purchases. Additionally, the state allows qualified individuals to carry concealed handguns with the appropriate permit.

Relevant Statutes (Laws)

Texas Penal Code, Title 10, Chapter 46 Weapons, Sections 46.01 through 46.15
Unlawful Carrying Weapons — Section 46.02
Places Weapons Prohibited — Section 46.03
Unlawful Carrying of Handgun by License Holder — Section 46.035
Unlawful Possession of Firearm — Section 46.04
Prohibited Weapons — Section 46.05
Nonapplicability — Section 46.15
Texas Government Code, Title 4, Chapter 411 Weapons, Sections 411.171 through 411.209
Eligibility — Section 411.172
Nonresident License — Section 411.173
Application — Section 411.174
Issuance or Denial of License — Section 411.177
Qualified Handgun Instructors and Approved Online Course Providers — Section 411.190
Carrying of Handguns by License Holders on Certain Campuses — Section 411.2031

👆 Click to get your CCW permit online in just minutes!

Illegal Arms

The following firearms and ammunition are prohibited in Texas unless they are properly registered under federal law:

Machine guns
Short-barrel firearms
Armor-piercing ammunition
Zip guns

Waiting Period

Texas does not require a waiting period for purchasing firearms.

Who May Not Own

Texas imposes restrictions on firearm ownership in the following cases:

Individuals convicted of a felony cannot possess a firearm until five years after their release from confinement or supervision.
Individuals convicted of certain domestic violence offenses cannot possess a firearm until five years after their release from confinement or supervision.
Individuals under 21 years of age cannot possess a handgun outside their own premises.

License Required?

While Texas does not mandate a license for firearm ownership, a license is required to carry a handgun.

Concealed Carry License Required?

A valid handgun license is necessary to carry a concealed handgun in Texas.

Open Carry Allowed?

Texas law prohibits the open carry of loaded or unloaded handguns without a carry license. However, individuals with a handgun license can openly carry a holstered handgun.

Eligibility for a Concealed Carry License

To qualify for a handgun license in Texas, an individual must:

Be a legal resident of Texas for at least six months before applying or be eligible for a non-resident license.
Be at least 21 years old.
Have no felony convictions.
Not be charged with certain misdemeanors or offenses.
Not be chemically dependent.
Demonstrate sound judgment regarding handgun use and storage.
Not have any recent misdemeanor convictions.
Be legally qualified under federal and state laws to purchase a handgun.
Have no outstanding child support or tax payment delinquencies.
Not be subject to certain court protective orders.

Machine Gun Laws

Possession, manufacture, transport, repair, or sale of machine guns in Texas is illegal unless the machine gun is federally registered.

Penalties for Illegal Firearm Possession

Illegal firearm possession in Texas can result in misdemeanor or felony charges based on the circumstances.

Unlawful carrying of a handgun without a license is a Class A misdemeanor.
Unlawful carrying of a handgun in places where alcohol is sold is a third-degree felony.
Possession of an illegal firearm is a third-degree felony.
Possession of a firearm on premises with posted no-firearms signs can lead to misdemeanor or felony charges.

Penalties for Illegal Possession on or Near School Grounds

Intentional possession of firearms on school premises in Texas is a third-degree felony, punishable by imprisonment and fines.

Places Where Possession of a Firearm is Prohibited

Firearms are restricted in certain locations in Texas, including bars, school sporting events, correctional facilities, licensed hospitals, mental health facilities, amusement parks, and rooms hosting open government meetings.

Note

State laws can change due to legislative actions, court rulings, ballot initiatives, and other factors. For the most current information, consult legal resources or seek advice from a qualified attorney familiar with Texas firearm laws.