Texas has allowed most eligible adults to carry a handgun in public without a license since September 2021, but state law still imposes restrictions on who can carry, where firearms are prohibited, and when deadly force may be used.
Below is a reminder of what Texas gun owners still need to know in 2026.
Permitless carry, often called constitutional carry, applies to handguns carried openly in a holster or concealed. A License to Carry (LTC) remains available and provides specific benefits. Long guns were already legal to carry without a permit in most situations.
Who Can Legally Carry Without a License
Texas Penal Code § 46.02 allows individuals 21 years and older to carry a handgun in public without a license if they are not prohibited from possessing a firearm under federal or state law. Following a 2022 federal court ruling, eligible 18- to 20-year-olds may also carry.
Prohibited persons include those with certain felony convictions, specific domestic violence convictions, individuals subject to protective orders, members of criminal street gangs and those federally barred from firearm possession. People convicted of certain misdemeanors within the prior five years — such as assault causing bodily injury, deadly conduct or terroristic threat — also cannot carry under permitless rules.
Do Guns Have to Be Concealed? No.
Open carry of a handgun is permitted without a license as long as the firearm is carried in a holster. Intentionally displaying a handgun in plain view without a holster violates state law.
Prohibited Places — Off-Limits Regardless of License
Texas law prohibits firearms in specific locations under Penal Code § 46.03, even for LTC holders. These include:
- Schools, educational institutions and school-sponsored activities.
- Polling places during elections or early voting.
- Courthouses and court offices.
- Racetracks.
- Secured airport areas.
- Businesses deriving 51% or more of income from on-premises alcohol sales (51% locations, posted with red signs).
- Correctional facilities, civil commitment facilities and hospitals.
- Permanent amusement parks and certain government meetings.
Private property owners may prohibit firearms. Businesses can post signs under Penal Code § 30.05, and those signs carry legal weight for trespass enforcement.
Is Getting a License to Carry Still Worth It?
A Texas License to Carry, issued by the Department of Public Safety, is not required for carry in most public places but offers practical advantages. LTC holders can carry in additional locations where permitless carry is restricted, benefit from reciprocity in other states, use the license as valid voter identification and bypass some background checks when purchasing firearms.
Obtaining an LTC requires a DPS-approved training course, written exam and shooting proficiency test. Applicants must be at least 21 (or 18 for military members or veterans).
Can Small Businesses Ban Guns? Yes.
Private businesses and property owners may prohibit firearms on their premises. A valid § 30.05 sign provides notice, and violators can face criminal trespass charges if they do not leave when asked.
Firearm Registration and Private Transfers
Texas does not require registration of firearms, has not statewide firearm registration law, and there is no database of privately owned guns in Texas. Individuals may buy, sell or transfer firearms privately between non-prohibited persons without a background check in most cases. Firearms can be inherited or passed down without state registration. Federal law still applies to certain transfers.
Castle Doctrine and Use of Deadly Force
Texas law provides strong protections under the Castle Doctrine and Stand Your Ground provisions in Penal Code Chapter 9. No duty to retreat exists if a person is in a place they have a legal right to be, is not engaged in criminal activity and has not provoked the confrontation.
In the home, vehicle or workplace, there is a presumption that deadly force is reasonable if someone unlawfully and forcefully enters or attempts to enter. Deadly force outside the home is justified when a person reasonably believes it is immediately necessary to protect against unlawful deadly force or certain violent felonies.
