“Open Carry” Vs. “Permitless Carry” In Texas
Bottom line up front: Texas constitutional carry (HB 1927, 2021) allows most adults 21+ to carry handguns without a License to Carry. Felon-in-possession under Penal Code § 46.04 carries a 5-year restriction; federal 18 U.S.C. § 922(g) attaches lifetime federal firearm restriction.
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Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Texas legal context
- In Collin, Dallas, Denton, and Tarrant counties, prosecutorial discretion shapes how cases like “open carry” vs. “permitless carry” in texas resolve. The first 30 days after arrest are critical — that is when pretrial diversion, bond conditions, and informal disposition are most flexible.
- Constitutional defenses applicable to “open carry” vs. “permitless carry” in texas include the Fourth Amendment (search and seizure), Fifth Amendment (self-incrimination), and Sixth Amendment (right to counsel and confrontation). The Texas Constitution Article I provides parallel — and sometimes broader — protections.
- Deferred adjudication under CCP § 42A.103 may apply to “open carry” vs. “permitless carry” in texas-related charges, resulting in NO conviction upon successful completion. Eligibility for non-disclosure under Government Code § 411.0725 typically follows. We evaluate eligibility at the retainer stage.
- Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266), co-founding partners of L and L Law Group, appear personally on every “open carry” vs. “permitless carry” in texas case. Office: 5899 Preston Rd, Suite 101, Frisco, Texas. Direct line: (972) 370-5060.
- Texas Code of Criminal Procedure Article 42A.054(a) lists offenses ineligible for judge-recommended probation ("3g offenses"). Where “open carry” vs. “permitless carry” in texas touches this list, jury-recommended probation under § 42A.054(b) remains possible.
Authored by L and L Law Group, PLLC. (972) 370-5060. info@landllawgroup.com.
Firearm laws in Texas often raise questions about rights and responsibilities. Two terms stand out: Open Carry in Texas and Permitless Carry Texas. Both fall under the wider scope of Texas gun laws, but they do not mean the same thing. Open carry deals with carrying a visible handgun, while permitless carry addresses the ability to carry without a license.
The difference may look small, but it has a major legal impact. Anyone who owns or plans to carry a gun should be familiar with these terms. This blog explains what each means, the key differences, and what every gun owner in Texas must know to stay on the right side of the law.
Understanding Open Carry In Texas
Open Carry in Texas allows eligible individuals to carry a handgun in plain view. Before 2016, Texas banned the open carry of handguns. The law changed, letting licensed individuals carry a visible firearm in a holster. For years, a License to Carry (LTC) was required. This license came after a background check, fingerprinting, and training. Only with an LTC could someone legally open carry a handgun. The holster requirement was strict initially, shoulder or belt holsters only. Later, the law expanded to allow any holster type.
Even with open carry legal, restrictions remain. You cannot openly carry in schools, polling places, government buildings, or private businesses that post proper signage. Violating these restrictions may lead to criminal charges.
Understanding Permitless Carry In Texas
Permitless Carry Texas, often called “constitutional carry,” became law in September 2021. Under this law, Texans aged 21 or older can carry a handgun openly or concealed without an LTC. This change made Texas one of the largest states to adopt permitless carry. But permitless carry does not mean every person can carry. Individuals with felony convictions, certain misdemeanor charges, or active protective orders cannot legally carry a handgun. Federal law still applies.
The law also sets clear rules about where guns can be carried. Even with permitless carry, firearms are banned in schools, airports, courts, and private businesses with signs prohibiting weapons. Breaking these rules can result in charges ranging from misdemeanors to felonies.
Key Differences Between Open Carry And Permitless Carry In Texas
The two concepts overlap but are not identical.
- Visibility: Open carry refers to the condition where the handgun is visible. Permitless carry covers both open and concealed carry.
- Licensing: Open carry originally required a license. Permitless carry removes this requirement for most adults.
- Training: The LTC required training and testing. Permitless carry does not require formal instruction.
- Law enforcement: With open carry, officers could ask for proof of licensing. Permitless carry makes those checks less direct.
In practice, open carry refers to how you carry the gun. Permitless carry refers to whether you need a license to carry at all.
Where Carrying Is Restricted Under Texas Gun Laws?
Even under both Texas gun laws, there are places where carrying is illegal.
- Schools and universities: Guns are banned in classrooms and during school activities.
- Polling places: Firearms are prohibited while voting is underway.
- Government buildings: Courthouses, offices, and certain facilities restrict weapons.
- Airports: Carrying past security is illegal.
- Private property: Businesses may display 30.05, 30.06, or 30.07 signs. These signs legally ban firearms on their property.
Carrying in these restricted areas can lead to immediate arrest, fines, and in some cases, jail time.
Responsibilities Of Gun Owners
The shift to Permitless Carry Texas does not remove responsibility. Gun owners must know and follow all laws.Safe handling and secure storage are vital. Accidental discharges or leaving firearms accessible to minors can lead to criminal charges.
While not required, the License to Carry still provides benefits. With an LTC, Texans can carry in states with reciprocity agreements. It also speeds up firearm purchases since the background check process is simplified.
Training, though optional, is strongly encouraged. Proper training ensures safe use and reduces the chance of violating laws.
Common Misunderstandings About Texas Gun Laws
Misunderstandings about Texas gun laws are common.
- “Permitless carry means anyone can carry.” False. Only those legally eligible can carry. People with felony records or certain pending charges remain restricted.
- “Permitless carry removes all rules.” Wrong. Restricted places still exist. Rules about safe handling still apply.
- “The LTC is useless now.” Not true. The LTC provides benefits for travel, purchases, and peace of mind.
Clarifying these myths helps reduce confusion and keeps Texans compliant with the law.
Legal Consequences Of Violating Open Carry Or Permitless Carry Laws
Breaking firearm laws in Texas carries serious penalties.
- Carrying in restricted areas can result in a Class A misdemeanor or felony charge.
- Repeat offenses or carrying while intoxicated can result in increased penalties.
- Criminal records from firearm violations may remove your right to own or carry guns in the future.
Law enforcement and courts take these cases seriously. A mistake can cost fines, jail time, and permanent restrictions on firearm rights.
Final Thoughts
Open Carry in Texas and Permitless Carry Texas represent two major aspects of Texas gun laws. Open carry focuses on visibility and how firearms are carried, while permitless carry allows eligible adults to carry without a license. Both come with strict restrictions, such as bans in schools, government offices, airports, and private businesses with posted signs.
Misunderstanding these laws can lead to serious consequences, including fines, jail time, or loss of gun rights. Staying informed is the best defense. If you face firearm charges, contact L&L Law Group in Texas for strong legal guidance and protection.
Key Legal Terms
- Constitutional Carry (HB 1927)
- Texas House Bill 1927 (effective September 1, 2021) amending Penal Code § 46.02 to allow most adults 21+ without disqualifying convictions to carry handguns openly or concealed without a License to Carry.
- Felon-in-Possession (§ 46.04)
- Texas Penal Code § 46.04 prohibiting firearm possession by felons until the 5th anniversary of release from confinement or supervision — and after that, only at the residence. 3rd-degree felony.
- 18 U.S.C. § 922(g) (Federal Firearm Prohibitions)
- Federal lifetime firearm restriction for felony convictions, family-violence misdemeanor convictions, and active domestic violence protective orders. Texas state restoration after 5 years does NOT restore federal eligibility.
- Deadly Weapon Finding
- CCP § 42A.054(b) jury or judge finding that the weapon was used or exhibited during the offense. Triggers half-time parole eligibility under Government Code § 508.145(d).
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Can I carry a gun in Texas without a license?
Can a felon possess a firearm in Texas?
What is a deadly weapon finding?
Where can't I carry a gun in Texas?
What is unlawful carry of a weapon in Texas?
References & Authoritative Sources
About the Authors
Charged with a crime in Texas? Talk to L and L Law Group.
Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) ensure attorney-level review at every stage. Free consultation. Frisco, Texas.
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