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Last Modified on Nov 29, 2022
Whether you are a long-term resident or have just recently moved to Texas, you may wonder, “Do you need a permit to carry a gun in Texas?” The short answer is no: Texas law no longer requires most people to have a license to carry a handgun.
Hire a Gun Crime Lawyer
If you are facing criminal charges involving a firearm, or if you have questions about gun ownership in Texas, you should hire a gun crime lawyer. At Greco Neyland, PC, our team is familiar with Texas gun laws and how they may affect your ability to lawfully carry a firearm.
Texas Gun Deaths
Lawfully carrying or having access to a firearm can result in negative consequences. Information about gun deaths in Texas is tracked by Texas Gun Sense and the Violence Policy Center. As of 2022, these organizations found that:
- 4,515 total gun deaths
- 2,644 suicides by gun
- 1,826 gun-related homicides
- 45 unintentional gun-related deaths
- 74 gun-related deaths caused by law enforcement
Gun Laws in Texas
HB1927, passed on September 1, 2021, legalized carrying a handgun in a holster without a permit. You may carry the gun openly or concealed.
This does not mean you may do whatever you wish with the gun, nor does it mean you can simply go out and buy a gun without taking additional steps.
For example, first-time applicants must still complete classroom training, pass a written exam, and pass a shooting test conducted by a Texas Department of Public Safety officer.
Classroom instruction covers gun safety, laws relating to weapons and the use of deadly force, and non-violent dispute resolution.
In addition, there are still several areas in Texas where firearms are prohibited. These include:
- K-12 schools and on the grounds of educational institutions that are conducting sponsored activities
- School buses
- College campuses, if you don’t have a license
- On the premises of a polling place on the day of an election or while early voting is in process
- On the premises of a racetrack
- In or onto secured areas of airports, which are covered by Federal law
- Stores where you’ve been asked to leave for carrying a weapon
- Private property displaying signs prohibiting guns
- Courthouses
- Your workplace, when employers prohibit you from carrying a firearm at work
- Within 1,000 feet of any premises designated by the Texas Department of Criminal Justice as a place of execution on the day that a death sentence is about to be carried out, unless that person is on a public road going to or from their place of business
- On the premises of a business licensed by the Texas Alcohol Beverage Commission that derives 51% or more of its business from the sale of alcohol
- On the premises of a correctional facility
- On the premises of a state-licensed hospital or nursing home
- In an amusement park
- Into any meeting of a governmental entity subject to the Open Meetings Act
- Churches, synagogues, or other established places of religious worship
If you want to conceal carry in your vehicle, you need a license. Otherwise, the gun has to be out in plain view instead of worn in a holster.
It is also unlawful to carry a handgun while you’re intoxicated.
You may still wish to get a license, since licensed individuals may take their gun some places where unlicensed people can’t, such as college campuses. In addition, you may need a license if you wish to carry your handgun into another state.
Permitless carry does not mean that having a gun on your person while committing certain crimes won’t complicate your case. Some sentences may still be enhanced if you are found to have brandished your gun or used it in an unlawful manner.
FAQs
Can I Carry a Pistol in My Car in Texas Without a License?
If you meet the requirements to own and carry a firearm, you are permitted to carry a pistol in your vehicle in Texas without a license. This permitless carry allows for a firearm to be concealed in a glovebox, console, or under the seat.
If the firearm is not concealed, it must be in a holster. Gun owners are not required to inform police that they have a firearm unless specifically asked. However, it is advised to do so.
Can I Carry My Gun in My Pocket in Texas?
Generally, you can carry your gun in your pocket in Texas if specific requirements are met. The gun must be completely concealed on your person. If it cannot be completely concealed, you must carry your gun in a holster.
Using a holster instead of carrying your gun in your pocket helps prevent accidental discharge by covering the trigger. Charges can be filed if your weapon accidentally discharges in a public place.
What Are the Requirements to Get a License to Carry in Texas?
If you want to get a license to carry in Texas, there are some requirements you must meet. You must be 21 years old or older and a Texas resident for at least 6 months. You have to pass a background and character check.
You also must complete a training course certified by the Texas Department of Public Safety that includes classroom instruction and proficiency testing. An application, fingerprints, and any applicable fees are then submitted.
What Is Negligent Discharge in Texas?
In Texas, gun owners have a reasonable duty to prevent the accidental discharge of their firearm. Failing to prevent an accidental discharge of a firearm is called a negligent discharge and can lead to penalties.
Negligent discharge differs from a reckless discharge in that a reckless discharge involves a conscious disregard for the safety of others. A negligent discharge is caused by the failure to act in a reasonable manner to prevent the firearm from being discharged.
Contact Greco Neyland, PC
If you are a gun owner who has been accused of a crime, you need a legal professional to help defend your case. Our team at Greco Neyland, PC, has the required experience to review your case and determine your next course of action. Reach out to our office to schedule a case review today.
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