Question 1

Is Texas a constitutional carry state?

Accepted Answer

Yes. Since 2021 the unlawful-carrying offense applies only to people who carry a handgun while younger than 21, or who have certain recent convictions (assault causing bodily injury, deadly conduct, terroristic threat, or certain disorderly conduct involving firearms within the past five years), or who are prohibited from possessing a firearm. So a person 21 or older who is not disqualified may carry a handgun, concealed or openly in a holster, without a license. A person under 21 may carry without a license only on their own premises or in or directly en route to their own vehicle or watercraft. Carrying while intoxicated (outside one's own property or vehicle) is an offense.

Question 2

How do you get a concealed carry permit in Texas?

Accepted Answer

The License to Carry a Handgun (LTC), issued by the Texas Department of Public Safety. It is shall-issue: the department 'shall issue a license' to an applicant who meets the eligibility requirements and submits the application materials. Statutory minimum age is 21, or 18 for a member or honorably discharged veteran of the armed forces, reserves or National Guard; in Firearms Policy Coalition v. McCraw (N.D. Tex., Aug. 25, 2022) a federal court held the law 'must therefore be enjoined to the extent that law-abiding 18-to-20-year-olds are prohibited from applying for a license to carry a handgun.' Training: a handgun proficiency course with a classroom part of not less than four and not more than six hours (may be given online by an approved provider) and a range part with a shooting demonstration. Application and license fee: $40. A first license expires on the holder's first birthday after the fourth anniversary of issuance; a renewed license runs five years. Residents of other states can obtain a nonresident license.

Question 3

Is open carry legal in Texas?

Accepted Answer

Handguns may be carried openly only in a holster: it is an offense to carry a handgun and intentionally display it in plain view of another person in a public place unless it was partially or wholly visible but carried in a holster. Open carry of a handgun is available to people 21 or older who are not disqualified, with or without a license. License holders may not openly display a handgun on the premises, driveways, streets, sidewalks or parking areas of colleges and universities. Long guns are not covered by the handgun-carry statute; displaying any firearm in a public place in a manner calculated to alarm is disorderly conduct.

Question 4

How old do you have to be to buy a gun in Texas?

Accepted Answer

It is an offense for any person (dealer or private seller) to intentionally or knowingly sell, rent, lease or give, or offer to, any child younger than 18 years of age any firearm. It is an affirmative defense that the minor's parent or legal custodian gave written permission for a sale (or effective consent for a non-sale transfer). The offense is a Class A misdemeanor, or a state jail felony if the weapon is a handgun. State law does not set a separate minimum age of 21 for buying a handgun; carrying a handgun outside one's own premises or vehicle requires being 21 (see permitless_carry).

Question 5

Do private gun sales need a background check in Texas?

Accepted Answer

Texas has no state law that requires a background check, permit to purchase or license for private (non-dealer) sales. State law does make it an offense for any seller to transfer a firearm to a child under 18, to sell a firearm or ammunition to an intoxicated person, to knowingly sell to a person convicted of a felony within five years of release from confinement or supervision, or to transfer a handgun to a person known to be subject to an active protective order. Cities may not adopt or enforce regulations relating to the transfer, licensing or registration of firearms.

Question 6

Is there a waiting period to buy a gun in Texas?

Accepted Answer

Texas has no state law that sets a waiting period for buying any firearm. Cities may not regulate firearm transfers.

Question 7

Does Texas have a red flag law?

Accepted Answer

Texas has no state law that provides for extreme risk protection orders, and since September 1, 2025 state law prohibits them: state and local entities may not adopt or enforce any rule or policy on extreme risk protective orders unless state law specifically authorizes it; federal measures enforcing such orders that infringe due process, gun or speech rights are declared unenforceable in Texas; entities may not accept federal grants to enforce them; and serving or enforcing (or attempting to) an extreme risk protective order against a person in Texas, unless issued under Texas law, is a state jail felony. Ordinary protective orders under the Family Code or Code of Criminal Procedure are not affected.

Question 8

Does Texas ban assault weapons or high-capacity magazines?

Accepted Answer

Texas has no state law that bans assault weapons or limits magazine capacity. Cities may not adopt or enforce regulations relating to the possession, ownership or commerce in firearms, ammunition, or firearm supplies or accessories.

Question 9

Can you keep a gun in your car in Texas without a permit?

Accepted Answer

Anyone not prohibited from possessing a firearm may carry a handgun inside of, or directly en route to, a motor vehicle or watercraft they own or control, even if under 21 and without a license. In the vehicle the handgun may not be in plain view unless the person is 21 or older or holds a license and the handgun is in a holster; it is also an offense while engaged in criminal activity (other than a Class C traffic or boating violation) or while prohibited from possessing a firearm. No locking or unloading requirement appears in the statute.

Question 10

Which states' carry permits does Texas honor?

Accepted Answer

By statute, a valid license to carry a handgun issued by any other state is recognized in Texas. The Department of Public Safety's reciprocity list shows every state as either 'Reciprocal' (each recognizes the other's license) or 'Unilateral' (Texas recognizes that state's license, e.g. Hawaii, Maryland, New Jersey, Rhode Island); the governor negotiates agreements where another state requires one.

Question 11

Where can't you carry a gun in Texas?

Accepted Answer

Firearms are banned (with listed exceptions) on the premises of schools and school buses and at school-sponsored activities (license holders may carry concealed at colleges, subject to campus rules); polling places on election day and during early voting; courts and court offices; racetracks; secured areas of airports; near an execution site on execution day after notice; bars and other businesses earning 51% or more of income from on-premises alcohol sales; high school, college and professional sporting events; correctional and civil-commitment facilities; licensed hospitals, nursing facilities and mental hospitals (without written authorization); amusement parks; and rooms where a noticed open government meeting is held. License holders may also be barred from private property by a sign under § 30.06 (concealed) or § 30.07 (open carry), or by oral notice.

Question 12

Are ghost guns legal in Texas?

Accepted Answer

Texas has no state law that regulates unserialized or homemade firearms, unfinished frames or receivers, or kits.

Permitless (constitutional) carry	Yes. Since 2021 the unlawful-carrying offense applies only to people who carry a handgun while younger than 21, or who have certain recent convictions (assault causing bodily injury, deadly conduct, terroristic threat, or certain disorderly conduct involving firearms within the past five years), or who are prohibited from possessing a firearm. So a person 21 or older who is not disqualified may carry a handgun, concealed or openly in a holster, without a license. A person under 21 may carry without a license only on their own premises or in or directly en route to their own vehicle or watercraft. Carrying while intoxicated (outside one's own property or vehicle) is an offense. Source: Tex. Penal Code § 46.02(a), (a-6), (a-7)
Concealed carry permit	The License to Carry a Handgun (LTC), issued by the Texas Department of Public Safety. It is shall-issue: the department 'shall issue a license' to an applicant who meets the eligibility requirements and submits the application materials. Statutory minimum age is 21, or 18 for a member or honorably discharged veteran of the armed forces, reserves or National Guard; in Firearms Policy Coalition v. McCraw (N.D. Tex., Aug. 25, 2022) a federal court held the law 'must therefore be enjoined to the extent that law-abiding 18-to-20-year-olds are prohibited from applying for a license to carry a handgun.' Training: a handgun proficiency course with a classroom part of not less than four and not more than six hours (may be given online by an approved provider) and a range part with a shooting demonstration. Application and license fee: $40. A first license expires on the holder's first birthday after the fourth anniversary of issuance; a renewed license runs five years. Residents of other states can obtain a nonresident license. Court ruling: https://govinfo.gov/content/pkg/USCOURTS-txnd-4_21-cv-01245/pdf/USCOURTS-txnd-4_21-cv-01245-0.pdf . Source: Tex. Gov't Code §§ 411.172(a)(2), (g); 411.173(a); 411.174(a)(6); 411.177(a); 411.183; 411.188(a)-(b)
Open carry	Handguns may be carried openly only in a holster: it is an offense to carry a handgun and intentionally display it in plain view of another person in a public place unless it was partially or wholly visible but carried in a holster. Open carry of a handgun is available to people 21 or older who are not disqualified, with or without a license. License holders may not openly display a handgun on the premises, driveways, streets, sidewalks or parking areas of colleges and universities. Long guns are not covered by the handgun-carry statute; displaying any firearm in a public place in a manner calculated to alarm is disorderly conduct. Disorderly conduct: https://tcss.legis.texas.gov/resources/pe/htm/pe.42.htm Source: Tex. Penal Code §§ 46.02(a), (a-5); 46.03(a-2); 42.01(a)(8)
Guns in your car	Anyone not prohibited from possessing a firearm may carry a handgun inside of, or directly en route to, a motor vehicle or watercraft they own or control, even if under 21 and without a license. In the vehicle the handgun may not be in plain view unless the person is 21 or older or holds a license and the handgun is in a holster; it is also an offense while engaged in criminal activity (other than a Class C traffic or boating violation) or while prohibited from possessing a firearm. No locking or unloading requirement appears in the statute. Source: Tex. Penal Code § 46.02(a)(3)(B), (a-1)
Other states' permits (reciprocity)	By statute, a valid license to carry a handgun issued by any other state is recognized in Texas. The Department of Public Safety's reciprocity list shows every state as either 'Reciprocal' (each recognizes the other's license) or 'Unilateral' (Texas recognizes that state's license, e.g. Hawaii, Maryland, New Jersey, Rhode Island); the governor negotiates agreements where another state requires one. DPS list: https://www.dps.texas.gov/section/handgun-licensing/state-reciprocity-information (page dated September 11, 2020). Source: Tex. Gov't Code § 411.173(b)
Where guns are banned	Firearms are banned (with listed exceptions) on the premises of schools and school buses and at school-sponsored activities (license holders may carry concealed at colleges, subject to campus rules); polling places on election day and during early voting; courts and court offices; racetracks; secured areas of airports; near an execution site on execution day after notice; bars and other businesses earning 51% or more of income from on-premises alcohol sales; high school, college and professional sporting events; correctional and civil-commitment facilities; licensed hospitals, nursing facilities and mental hospitals (without written authorization); amusement parks; and rooms where a noticed open government meeting is held. License holders may also be barred from private property by a sign under § 30.06 (concealed) or § 30.07 (open carry), or by oral notice. Trespass by license holder: https://tcss.legis.texas.gov/resources/pe/htm/pe.30.htm Source: Tex. Penal Code §§ 46.03(a); 30.06; 30.07

Age to buy a gun	It is an offense for any person (dealer or private seller) to intentionally or knowingly sell, rent, lease or give, or offer to, any child younger than 18 years of age any firearm. It is an affirmative defense that the minor's parent or legal custodian gave written permission for a sale (or effective consent for a non-sale transfer). The offense is a Class A misdemeanor, or a state jail felony if the weapon is a handgun. State law does not set a separate minimum age of 21 for buying a handgun; carrying a handgun outside one's own premises or vehicle requires being 21 (see permitless_carry). Source: Tex. Penal Code § 46.06(a)(2), (c), (d)
Background checks and private sales	Texas has no state law that requires a background check, permit to purchase or license for private (non-dealer) sales. State law does make it an offense for any seller to transfer a firearm to a child under 18, to sell a firearm or ammunition to an intoxicated person, to knowingly sell to a person convicted of a felony within five years of release from confinement or supervision, or to transfer a handgun to a person known to be subject to an active protective order. Cities may not adopt or enforce regulations relating to the transfer, licensing or registration of firearms. Reviewed Tex. Penal Code ch. 46 (Weapons, §§ 46.01-46.15) on 2026-10-27; no private-sale check provision found. Local preemption: https://tcss.legis.texas.gov/resources/lg/htm/lg.229.htm . Dealer checks are governed by federal law, which is not described here. Source: Tex. Penal Code § 46.06(a); Tex. Local Gov't Code § 229.001(a); Tex. Penal Code ch. 46 (reviewed)
Waiting period	Texas has no state law that sets a waiting period for buying any firearm. Cities may not regulate firearm transfers. Reviewed Tex. Penal Code ch. 46 (Weapons, §§ 46.01-46.15) on 2026-10-27; no provision found. Local preemption: https://tcss.legis.texas.gov/resources/lg/htm/lg.229.htm Source: Tex. Penal Code ch. 46 (reviewed); Tex. Local Gov't Code § 229.001(a)
Ghost guns and homemade firearms	Texas has no state law that regulates unserialized or homemade firearms, unfinished frames or receivers, or kits. Reviewed Tex. Penal Code ch. 46 (Weapons, §§ 46.01-46.15) on 2026-10-27; no provision found. Source: Tex. Penal Code ch. 46 (reviewed)

Texas Gun Laws: Concealed Carry, Open Carry and Buying a Gun

Quick answers for Texas

Carrying a gun

Buying a gun

Red flag law and weapon limits

Gun Laws FAQ

More Texas law