Search Site
Menu

Texas’ Open Carry Gun Law

Texas’ Open Carry Gun Law

House Bill 910 (“HB 910”) became effective January 1, 2016.  The previous licensing structure permitted individuals to carry a concealed handgun under certain circumstances.  HB 910 amends the Alcoholic Beverage Code, Code of Criminal Procedure, Education Code, Election Code, Family Code, Government Code, Health and Safety Code, Labor Code, Local Government Code, Occupations Code, Parks and Wildlife Code, and Penal Code to authorize a person who is licensed to carry a concealed handgun to also openly carry a holstered handgun.  In addition, HB 910 decreases the penalty for a license holder trespassing with a concealed handgun to a Class C misdemeanor and similarly creates a Class C misdemeanor offense for a license holder trespassing with an openly carried handgun.  However, the penalty for a trespassing offense is increased to a Class A misdemeanor if the trespasser ignores verbal notice that the person may not enter or remain on the property with a handgun.

Here are some important facts to know:

  • Not everyone can open carry. If you already have a valid concealed carry license (“CHL”), you do not need to do anything further. You are now also licensed to open carry if you would prefer.  You must have a CHL (now basically just a firearms license) to open carry. A CHL is now referred to as an LTC (license to carry).
  • The eligibility criteria to obtain a handgun license to carry has not changed: applicants must be 21 years old, pay a $140 fee, clear a criminal record check and complete a four-hour training course.
  • You must use a belt or shoulder holster to openly carry a handgun, even in a vehicle. The handgun must be in a holster while you are driving or otherwise stored from plain view.
  • You cannot be arrested or stopped solely for open carrying.  However, you can be asked to show your LTC.
  • Posting a Penal Code 30.06 sign ONLY means no CONCEAL carry on premises but open carry is allowed. Posting a Penal Code 30.07 sign ONLY means no OPEN carry on premises but conceal carry is allowed.  Posting both Penal Code 30.06 & Penal Code 30.07 signs means neither CONCEAL carry NOR OPEN carry are allowed on the premises.
  • As a general rule, with a LTC you can open carry unless it’s been prohibited by the private property owner. If you are asked to leave and refuse, you could be charged with criminal trespass and/or unlawful carry.  It is likely you could also lose your rights to carry a handgun if convicted of a trespass in this type of situation.
  • Schools, hospitals, sporting events, and nursing homes are still gun-free zones.
  • You cannot carry a handgun under any circumstance into an establishment that derives 51 percent of their revenue from alcohol.
  • In an airport, licensed gun owners can display guns in the public areas only; typically includes baggage and ticket areas, as well as garages and sidewalks.  You cannot open carry into a security checkpoint areas or boarding area.
  • It’s still legal in Texas to carry a long gun without a license. However, police have the duty to stop and ask questions.  HB 910 only pertains to handguns, not long rifles.

 

Sources: Texas House Bill 910, Open Carry Texas, The Texas Rifle Association, The Texas Restaurant Association, Texas Department of Public Safety, Central Texas Gun Works

 

30.07 Sign30.06 Sign

 

 

 

 

 

 

Wendy Lambie

Phone: 281-367-1222

Fax: 281-210-1361

[email protected]

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2021

    The Strong Firm prevails in dispositive motion regarding Texas economic loss rule resulting in dismissal of claims again party.

    Read More
  • Spring 2019

    The Strong Firm successfully forecloses first priority lien against multi-million dollar commercial asset.

    Read More
  • Spring 2021

    The Strong Firm secures writ of reentry after unlawful lockout of commercial tenant.

    Read More
  • Spring 2021

    The Strong Firm prevails in writ of mandamus proceeding involving denial of temporary restraining order to stop foreclosure sale.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2022 Award
  • Clio Client-Centered Certification

Recent Blog Posts

Wealth Planning & Preservation: Essential Considerations for Your Financial Future

As trusted legal advisors, we recognize the importance of proactively addressing the complexities of wealth planning and safeguarding your financial future and legacy. In today's rapidly changing economic landscape, it's essential for individuals and families to understand the potential risks and opportunities associated with managing their wealth effectively. At The Strong
Read More
Wealth Planning & Preservation: Essential Considerations for Your Financial Future

Navigating Employment Law Concerns: A Guide To The Biggest Risks for Texas Employers

Navigating Employment Law Concerns: A Guide To The Biggest Risks for Texas Employers As trusted legal advisors, we understand the complexities and challenges that employers face when navigating the landscape of employment law. With the ever-evolving regulatory environment, it's crucial for employers to stay informed and proactive in addressing legal concerns. One
Read More
Navigating Employment Law Concerns: A Guide To The Biggest Risks for Texas Employers

Asset Flow in Estate Planning

Planning for the distribution of your assets upon your passing can seem a daunting task regardless of the size of your estate.  However, planning for how those assets will be distributed, and ensuring your estate plan accounts for your desired distribution, is essential. In this article, we will discuss the
Read More
Asset Flow in Estate Planning

Kelly Sullivan Joins The Strong Firm P.C. As Senior Counsel

The Strong Firm P.C. is excited to announce the addition of Kelly Sullivan to its team of experienced attorneys. Kelly adds exceptional strength to the firm’s established practice areas based on her wealth of experience in the areas of Litigation, Labor and Employment Law, Business Law and Governmental Law, Zoning
Read More
Kelly Sullivan Joins The Strong Firm P.C. As Senior Counsel
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.
Contact us

Quick Contact Form