Texas Firearms Law What Every Gun Owner Needs to Know

As of September 1, 2021, Texas law allows most Texans 21 or older who are not prohibited by state or federal law from possessing a firearm to carry a handgun in a holster — openly or concealed — without a License to Carry.

This does NOT mean all restrictions have been lifted. Permitless carry applies to handguns only, not long guns. It applies in locations where handgun carry is otherwise permitted. The prohibitions, posting signs, and federal restrictions still apply in full.

The License to Carry (LTC) remains valuable even under permitless carry: it provides legal reciprocity in over 30 other states, creates a presumption of good faith in police interactions, and demonstrates baseline training to prosecutors and juries if your defensive use of force is ever challenged.

The Texas License to Carry is issued by the Texas Department of Public Safety (DPS). Requirements include:

— Age: 21 or older (18+ for active military) — Residency: Texas resident or eligible non-resident — Citizenship: U.S. citizen or legal permanent resident — No disqualifying criminal history, mental health adjudications, or active protective orders — Completion of a DPS-approved LTC course (classroom + shooting proficiency) — Fingerprinting and background check through DPS

The LTC course covers Texas firearms law, use of force, non-violent dispute resolution, and safe storage. The shooting proficiency test is a scored qualification at 3, 7, and 15 yards.

Current DPS application fee: approximately $40. The license is valid for 5 years.

Even with an LTC — or under permitless carry — you cannot carry a handgun in the following locations:

— Texas Penal Code 30.06 and 30.07 posted premises (businesses that have properly posted the signs prohibiting concealed or open carry — both signs are required to prohibit both types of carry) — Schools, school buses, and polling places — Correctional and detention facilities — Courts, courtrooms, and offices utilized by courts — Racetracks — Bars and restaurants where more than 51% of revenue comes from alcohol sales (the "51%" sign) — Hospitals and nursing homes (unless posted otherwise) — Amusement parks — Places of religious worship (unless authorized by the organization) — Federal buildings, federal property, and US military installations (federal law governs these, not state law) — Post offices — Any business that has properly posted the relevant 30.06 or 30.07 sign

Ignorance of a posting is not a defense. Know the signs.

Texas has one of the strongest Castle Doctrine statutes in the United States (Texas Penal Code Chapter 9).

The Castle Doctrine presumes that a person who uses deadly force against an intruder in their home, occupied vehicle, or workplace acted reasonably if: — The person against whom force was used unlawfully and with force entered or was attempting to enter the location — The actor did not provoke the intruder — The actor was not engaged in criminal activity at the time

This is a legal presumption of reasonableness, not immunity. You may still face investigation, civil suit, or, in unusual cases, prosecution. The presumption shifts the burden significantly in your favor, but it does not eliminate all legal risk.

The Castle Doctrine does NOT apply to guests, tenants, or family members who have a legal right to be on the property.

Texas does not impose a duty to retreat before using deadly force, provided you:

— Have a right to be at the location where force is used — Did not provoke the person against whom force is used — Were not engaged in criminal activity

This is commonly called "Stand Your Ground," although Texas law does not use that specific phrase. You are not required by law to attempt escape before defending yourself if you are lawfully present and not the aggressor.

However: tactical and legal wisdom often suggests retreat when retreat is safe. A threat avoided is always better than a threat defeated. The absence of a legal duty to retreat does not make retreat inadvisable — in many situations, it is the best outcome for everyone.

Texas law distinguishes between force (non-deadly) and deadly force.

Deadly force is force intended or known to cause death or serious bodily injury. A firearm, by its nature, is typically considered deadly force.

Deadly force is justified in Texas (Penal Code 9.32) when: — Force would be justified in the situation (i.e., the person was protecting themselves, a third party, or their property under the applicable code sections) — A reasonable person in the same situation would not have retreated — The actor reasonably believed deadly force was immediately necessary to protect against death, serious bodily injury, kidnapping, sexual assault, aggravated sexual assault, or robbery

The "reasonable person" standard is the key: your response must match what a reasonable, sober, law-abiding person would do in the identical circumstances.

Texas law is relatively permissive for transporting firearms in a vehicle.

You may transport a handgun in your vehicle or boat if you are 18 or older, not prohibited from possessing a firearm, and the handgun is not in plain sight — or, if in plain sight, you have an LTC.

You may transport a rifle or shotgun in your vehicle. Long guns are not required to be concealed.

Key rules to remember: — If you are transporting a handgun without an LTC, keep it concealed (not in plain view from outside the vehicle) — You may carry in a parking lot even if the business prohibits carry inside — Firearms in vehicles at schools are governed by stricter rules — know the specific exceptions before relying on them