Texas allows most adults 21 and older to carry handguns openly or concealed without a permit under the state’s constitutional carry law (though following the federal court’s ruling in Firearms Policy Coalition v. McCraw, adults aged 18–20 who are otherwise legally eligible may also carry and obtain LTCs). But “permitless carry” doesn’t mean unlimited carry. This comprehensive guide covers everything you need to know about Texas firearms law: who can carry, how to carry, where you cannot carry, what happens if you’re charged with a weapons offense, and when force is legally justified.
The Legal Framework: Texas Penal Code Chapter 46
Texas gun law centers on Chapter 46 of the Texas Penal Code, which defines weapons, regulates carrying and possession, establishes prohibited locations, and provides defenses or exceptions. While other codes contain gun-related provisions (Government Code, Family Code, etc.), Chapter 46 is the starting point for most carry and possession questions.
One critical aspect of Texas firearms law: local governments are preempted from enacting most independent firearms regulations. The statewide rules in Chapter 46 generally control, meaning you don’t have to worry about city-by-city variations in most cases. However, certain locations like airports, courthouses, and schools have their own specific rules that apply regardless of state law.
Constitutional Carry: What It Means in Texas
Effective September 1, 2021, Texas adopted “constitutional carry” (also called permitless carry) through House Bill 1927. This law allows most Texans 21 and older to carry handguns in public without obtaining a License to Carry (LTC). You can carry either openly or concealed in most public places.
Constitutional carry was a significant change in Texas law. Before 2021, carrying a handgun in public required an LTC. Now, the license is optional for most situations, though it still provides important benefits we’ll discuss below.
The key word in constitutional carry is “most.” There are still significant restrictions on who can carry, where they can carry, and how they must carry. Understanding these restrictions is essential to avoiding criminal charges.
Who Can Legally Carry a Gun in Texas?
To qualify for permitless carry under Texas law, you generally must be at least 21 years old, not be prohibited from possessing a firearm under state or federal law, not have been convicted within the previous five years of certain misdemeanors, and not be a member of a criminal street gang.
The five-year disqualifying misdemeanors include assault causing bodily injury, deadly conduct, terroristic threat, and disorderly conduct involving a firearm. If you’ve been convicted of any of these within the past five years, you cannot lawfully carry a handgun in public, even though the conviction itself was only a misdemeanor.
People Between Ages 18 and 20
In 2023, a federal court in Firearms Policy Coalition v. McCraw enjoined enforcement of Texas’s 21-and-older age requirement for carrying handguns, finding it unconstitutional under the Second Amendment. As a result, the Texas Department of Public Safety no longer denies LTC applications solely because an applicant is between 18 and 20 years old. Adults aged 18–20 who are otherwise legally eligible—meaning they are not prohibited from possessing firearms under state or federal law, have no disqualifying convictions, and are not members of a criminal street gang—may now lawfully carry handguns in Texas, subject to all other location and status restrictions that apply to any carrier.
If you’re between 18 and 20 and have questions about your specific eligibility, consult with an attorney, as factors beyond age (such as criminal history or protective orders) still determine whether you can legally carry.
Who Cannot Possess Firearms in Texas?
Certain categories of people are permanently or temporarily barred from possessing firearms altogether, not just from carrying in public. Possessing a firearm while prohibited is a serious felony offense.
Felons
Under Texas Penal Code § 46.04, a person convicted of a felony cannot possess a firearm at any location other than the premises where they live until five years have passed since their release from confinement, supervision (probation or parole), or the completion of their sentence (whichever is later). After five years, a felon may possess a firearm only at their home.
Federal law is stricter. Under 18 U.S.C. § 922(g), a person convicted of any crime punishable by more than one year in prison is permanently prohibited from possessing firearms anywhere. This means even after Texas’s five-year period expires, a felon can face federal prosecution for possessing a firearm outside their home.
Unlawful possession of a firearm by a felon is a third-degree felony under Texas law, punishable by 2 to 10 years in prison. Federal penalties can be even harsher, with sentences up to 10 years or 15 years for those with three or more prior violent felonies or drug trafficking convictions.
Family Violence Convictions
Individuals convicted of a Class A misdemeanor involving assault of a family member are prohibited from possessing firearms for five years following their release from confinement or supervision. This prohibition applies to offenses under Texas Penal Code § 22.01 when the victim is a family member, household member, or dating partner.
Federal law goes further. The “Lautenberg Amendment” (18 U.S.C. § 922(g)(9)) permanently prohibits firearm possession for anyone convicted of a misdemeanor crime of domestic violence. This federal prohibition has no expiration date and applies nationwide.
Protective Orders
Persons subject to certain active protective orders are prohibited from possessing firearms while the order is in effect. Under federal law (18 U.S.C. § 922(g)(8)), individuals subject to a court order restraining them from harassing or threatening an intimate partner are prohibited from possessing firearms. The Supreme Court recently upheld this prohibition in United States v. Rahimi (2024), confirming that individuals found to pose a credible threat may be temporarily disarmed consistent with the Second Amendment.
Under Texas law, a person is ineligible for an LTC and may not lawfully carry if they are subject to a protective order or restraining order affecting the spousal relationship. An LTC will be suspended if the holder commits an act of family violence or becomes the subject of a protective order.
Other Prohibited Persons Under Federal Law
Federal law (18 U.S.C. § 922(g)) also prohibits firearm possession for fugitives from justice, unlawful users of or persons addicted to controlled substances, persons adjudicated mentally defective or committed to a mental institution, illegal aliens, persons dishonorably discharged from the military, persons who have renounced U.S. citizenship, and persons subject to certain restraining orders.
Deferred Adjudication
If you are on deferred adjudication for a felony offense, you cannot possess a firearm during the period of community supervision. Doing so can result in new criminal charges and the revocation of your deferred status, which means you’ll be sentenced on the original felony charge.
What Qualifies as a Firearm Under Texas Law?
Understanding legal definitions is critical for compliance with Texas gun laws. The law draws important distinctions between different types of weapons.
A firearm is defined broadly as any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use.
A handgun is a firearm designed, made, or adapted to be fired with one hand. Notably, a firearm equipped with a stabilizing brace (a “braced pistol”) is legally considered a handgun under Texas law unless modified to meet the federal definition of a rifle.
Short-Barreled Firearms
Effective September 1, 2025, Texas repealed all state-level criminal prohibitions on short-barreled rifles (SBR) and short-barreled shotguns (SBS) through Senate Bill 1596. The law eliminates state offenses for possessing, manufacturing, transporting, repairing, or selling these firearms. Texas no longer imposes any criminal penalty for SBR or SBS possession.
However, short-barreled firearms remain regulated under the Federal National Firearms Act (NFA). Federal law—not Texas law—requires registration with the ATF and payment of a $200 tax stamp before possessing an SBR or SBS. Possessing an unregistered short-barreled firearm is a federal felony punishable by up to 10 years in prison. Texas’s repeal of its state-level prohibition does not change or eliminate these federal requirements.
Prohibited Weapons
Under Texas Penal Code § 46.05, certain weapons remain prohibited regardless of your criminal history or license status. These include explosive weapons, machine guns (fully automatic firearms), armor-piercing ammunition, chemical dispensing devices (other than small personal protection sprays), zip guns, and tire deflation devices. (Short-barreled firearms were removed from this list effective September 2025.)
Possession of a prohibited weapon is generally a third-degree felony, punishable by 2 to 10 years in prison. However, there are exceptions for items possessed in compliance with federal law, such as properly registered machine guns.
Ghost Guns
Ghost guns (unserialized firearms made from kits or 3D-printed) are currently legal to possess in Texas for personal use by people who are not otherwise prohibited from possessing firearms. However, manufacturing them with intent to sell without proper federal firearms licensing violates federal law.
How to Carry: Open and Concealed Rules
Both LTC holders and permitless carriers may carry handguns either openly or concealed. Each method has specific requirements.
Concealed Carry
A handgun being carried concealed must not be visible based on ordinary observation. You can carry concealed in a holster, in your waistband, in a bag, or in any other manner that keeps the firearm from plain view. There are no specific holster requirements for concealed carry.
Open Carry
To carry a handgun openly, the handgun must be in a holster. Since 2021, the law no longer restricts open carry to belt or shoulder holsters. Allowable holsters now include ankle holsters, appendix holsters, chest holsters, and even backpack holsters, provided the handgun is visibly holstered.
Displaying a handgun in a manner that is not within statutory holster rules or that is intended to alarm others can lead to criminal charges. If you’re carrying openly, make sure the firearm remains in its holster unless you need to use it in self-defense or for another lawful purpose.
Long Guns
There is no statutory requirement for a license to carry long guns (rifles or shotguns) in public. Texas has never required permits for open carry of rifles. However, displaying a firearm in a public place “in a manner calculated to alarm” constitutes disorderly conduct under Texas Penal Code § 42.01, which is a Class B misdemeanor. If you’re carrying a rifle at a protest or in a crowded area and people reasonably feel threatened, you could face criminal charges.
Where You Cannot Carry a Gun in Texas
Even with constitutional carry, Texas law designates numerous locations as gun-free zones. These “prohibited places” fall into two categories: locations where carrying is automatically a felony, and locations where carrying becomes criminal only if you receive notice and fail to leave.
Statutorily Prohibited Places (Felony)
Under Texas Penal Code § 46.03, carrying a firearm in certain locations is a third-degree felony punishable by 2 to 10 years in prison. These locations include:
Schools and educational institutions: Firearms are prohibited on the premises of any school or educational institution, grounds where school-sponsored activities are occurring, and school transportation vehicles (buses). This applies to both K-12 schools and private schools. Exception: LTC holders may carry concealed handguns in parking lots, driveways, and walkways of colleges unless specifically prohibited by effective notice.
Polling places: Firearms are prohibited on the premises of any polling place on election day or during early voting periods.
Courts: Firearms are prohibited on the premises of any government court or any offices utilized by the court, unless you are entering with court permission or are a judge, bailiff, or court officer.
Racetracks: Firearms are prohibited at facilities licensed for pari-mutuel wagering (horse or greyhound racing).
Secured areas of airports: Firearms are prohibited in secured areas past TSA checkpoints. Defense: An LTC holder who inadvertently enters a secured area may avoid arrest if they immediately exit upon notification and do not possess a firearm on or about their person when notified. Unlawful carry at an airport is taken very seriously by prosecutors.
Correctional and civil commitment facilities: Firearms are strictly prohibited in prisons, jails, and civil commitment facilities housing sexually violent predators.
Execution sites: Firearms are prohibited on the premises of a place of execution on the day of execution or within 1,000 feet of the site.
51% Locations (Bars)
Under Texas Penal Code § 46.03, carrying a firearm into an establishment that derives 51% or more of its income from on-premises alcohol consumption is a third-degree felony. These locations must post a red “51%” sign with specific wording at their entrance. If you see this sign, do not enter with a firearm.
This prohibition applies even if you have an LTC and even if you’re not drinking. The location of the establishment, not your personal conduct, determines whether carrying is illegal.
Sporting Events
Firearms are prohibited on the premises of high school, collegiate, or professional sporting events while the event is in progress. This includes the stadium, arena, parking lots, and surrounding grounds.
Places With Defenses for LTC Holders
Certain locations are prohibited places, but the law provides a defense to prosecution for LTC holders unless the facility provides effective notice (30.06/30.07 signs). These include hospitals and nursing facilities, amusement parks, churches and places of worship (unless the religious organization permits firearms), and open meetings of governmental entities.
In these locations, if you have an LTC and no proper signage is posted, you may have a defense even if you’re discovered carrying. However, if proper notice is given and you carry anyway, you face criminal charges.
Campus Carry
Texas law generally requires public colleges and universities to allow concealed handgun carry on campus by LTC holders. However, institutions can designate certain areas as off-limits, such as labs with hazardous materials, certain offices, or specific buildings. Private universities can opt out entirely.
Constitutional carry (permitless carry) does not apply to college campuses. To carry on campus, you must have an LTC and must carry concealed, not openly.
If you’re facing weapons charges for allegedly carrying in a prohibited place, don’t wait to get legal help. Call 817-203-2220 to schedule a free consultation with an experienced weapons defense attorney.
Private Property and Trespass: Understanding Texas Signage Laws
Private property owners in Texas have broad discretion to exclude firearms from their premises. They can provide notice orally, in writing, or through specific signage required by law.
30.05 Signs
Section 30.05 of the Texas Penal Code allows property owners to post signs prohibiting carry by non-license holders and prohibiting long guns. This signage applies to people carrying under constitutional carry (without an LTC).
30.06 Signs
Section 30.06 signs specifically prohibit concealed carry by LTC holders. These signs must contain specific statutory language in both English and Spanish and must meet certain size and contrast requirements to be legally effective.
30.07 Signs
Section 30.07 signs specifically prohibit open carry by LTC holders. Like 30.06 signs, they must contain specific statutory language and meet formatting requirements.
Consequences of Ignoring Signs
If you receive notice (verbal, written, or through proper signage) that firearms are prohibited on private property and you remain on the premises or fail to depart, you can face criminal trespass charges under Texas Penal Code § 30.05. A first offense involving a firearm is typically a Class C misdemeanor, but it can escalate to a Class A misdemeanor for repeat violations.
Benefits of the License to Carry (LTC)
Although Texas no longer requires an LTC for most in-state carry situations, the license still offers significant advantages. Obtaining an LTC may be worth considering even under constitutional carry.
Reciprocity: An LTC allows you to carry in other states that have reciprocity agreements with Texas. Constitutional carry only applies within Texas. If you travel to other states, an LTC may be essential.
Streamlined firearm purchases: LTC holders can skip the NICS background check when purchasing firearms from licensed dealers, making purchases faster and more convenient.
Campus carry: Constitutional carry does not apply to college campuses. Only LTC holders can legally carry concealed handguns on public college and university campuses.
Defense to prosecution: LTC holders have specific statutory defenses in certain prohibited places (hospitals, amusement parks, churches without notice) that permitless carriers do not have.
Certain posted locations: Some private businesses post 30.05 signs that prohibit constitutional carry but allow LTC holders to carry. Having an LTC gives you more flexibility.
The Castle Doctrine and Self-Defense in Texas
Texas has strong self-defense laws, including the Castle Doctrine and “stand your ground” provisions. Understanding these laws is essential for any gun owner.
No Duty to Retreat
Under Texas Penal Code § 9.31 and § 9.32, an individual is not required to retreat before using force (including deadly force) if they have a right to be present at the location, did not provoke the person against whom force is used, and are not engaged in criminal activity at the time.
This “stand your ground” principle applies in any location where you have a legal right to be, not just in your home.
Presumption of Reasonableness
The Castle Doctrine creates a legal presumption that your belief that force was immediately necessary was reasonable if the intruder was unlawfully and with force entering (or attempting to enter) your occupied habitation, vehicle, or place of business, or was attempting to forcibly remove you from those locations.
Habitation is defined as a structure or vehicle adapted for overnight accommodation. This can include apartments, houses, hotel rooms, tents, and RVs.
When Deadly Force is Justified
Under Texas law, deadly force is justified when it is immediately necessary to protect yourself or a third person against the other’s use of unlawful deadly force, or to prevent the imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, or robbery.
Limitations on Self-Defense
Self-defense is not unlimited. You cannot claim self-defense if you provoked the other person’s use of force, you were engaged in criminal activity at the time (other than a minor traffic offense), or you were the initial aggressor without subsequently withdrawing and communicating your intent to withdraw.
Additionally, to request a self-defense jury instruction, a defendant must generally admit to the underlying conduct (such as “I shot him, but it was in self-defense”). You cannot claim self-defense while simultaneously denying that you committed the act.
Firearms and Family Violence: Special Restrictions
The intersection of firearms and domestic violence is strictly regulated by both state and federal law. These restrictions are designed to prevent lethal outcomes in domestic violence situations. Research indicates that an abuser’s access to a firearm makes it five times more likely that a victim will be killed.
Automatic Firearm Surrender
When a protective order is issued in a family violence case, the respondent is typically required to surrender all firearms to law enforcement or a third party. Violating this requirement is itself a criminal offense.
Magistrate Warnings
Texas magistrates are required by law to notify persons convicted of family violence misdemeanors that it is unlawful for them to possess firearms. This warning is given in open court and documented in the record.
Impact on LTC
A person is automatically ineligible for an LTC if they are subject to a protective order or certain restraining orders. If an LTC holder is charged with family violence or becomes the subject of a protective order, their license will be suspended pending resolution of the case.
Weapons Charges and Penalties in Texas
Violating Texas gun laws can result in serious criminal consequences. Penalties depend on the specific offense, your criminal history, the location involved, and any aggravating factors.
Unlawful Carrying of a Weapon (§ 46.02)
Under Texas Penal Code § 46.02, you commit the offense of unlawful carrying of a weapon if you intentionally, knowingly, or recklessly carry a handgun while engaged in criminal activity (other than a Class C misdemeanor traffic offense), while prohibited from possessing a firearm, or while a member of a criminal street gang.
A standard unlawful carrying charge is a Class A misdemeanor punishable by up to one year in county jail and a fine up to $4,000.
If you have a prior felony conviction, unlawful carrying becomes a third-degree felony with 2 to 10 years in prison.
If you have a prior misdemeanor family violence conviction, unlawful carrying is a Class A misdemeanor with enhanced punishment (minimum 180 days in jail).
Unlawful Possession of Firearm by Felon (§ 46.04)
Unlawful possession of a firearm by a felon is a third-degree felony punishable by 2 to 10 years in prison and a fine up to $10,000.
Unlawful Carrying in Prohibited Places (§ 46.03)
Carrying a firearm in a prohibited place (school, court, 51% establishment, etc.) is a third-degree felony punishable by 2 to 10 years in prison.
Prohibited Weapons (§ 46.05)
Possession of a prohibited weapon is generally a third-degree felony punishable by 2 to 10 years in prison.
Making a Firearm Accessible to a Child (§ 46.13)
If a child gains access to a firearm you failed to secure and causes death or serious bodily injury, you face a Class A misdemeanor charge under Texas Penal Code § 46.13.
Bond Amounts for Weapons Charges
If you’re arrested for a weapons offense in Texas, bond will be set based on the severity of the charge and your criminal history. Based on an analysis of thousands of cases across Texas counties, here’s what you can typically expect:
Unlawful Carrying of a Weapon (§ 46.02): The most common bond amount is around $1,000 to $2,000 for a standard Class A misdemeanor. In Tarrant County, bonds average approximately $1,500; in Dallas County, around $2,350.
Unlawful Possession of Firearm by Felon (§ 46.04): Bonds are significantly higher for this felony offense. The most common bond is $10,000 to $20,000, with averages ranging from $26,000 to $28,000 depending on the county.
Unlawful Carrying with Prior Felony (§ 46.02(e)(1)): Most common bonds range from $10,000 to $20,000, with averages around $29,000 to $32,000.
Unlawful Carrying in Prohibited Places (§ 46.03): Bonds typically start around $2,500 and average $8,000 to $18,000, depending on the specific prohibited location.
Prohibited Weapons (§ 46.05): The most common bond is $5,000 to $20,000, with averages ranging from $21,000 to $40,000.
Discharge of Firearm in Municipality (§ 42.12): Most common bonds are around $1,000, with averages of $1,500 to $7,700 depending on the county.
Our Track Record Defending Weapons Charges
The weapons defense attorneys at Varghese Summersett have secured dismissals, no-bills, and favorable outcomes in numerous firearms cases across Texas. Here are examples from our case results database:
In one Unlawful Carrying Weapon case, our attorneys obtained a dismissal after demonstrating that the prosecution could not establish our client was engaged in criminal activity at the time of the traffic stop. The charge was dropped before trial.
In multiple Felon in Possession of Firearm cases, we secured “no bills” from grand juries after presenting evidence that our clients lacked knowledge that firearms were present in vehicles they were driving. Grand jury presentation is a critical opportunity to prevent indictment, and our attorneys know how to make compelling presentations.
In an Aggravated Assault with a Deadly Weapon case in Tarrant County, we secured a dismissal for our client who faced serious felony charges. Our investigation revealed inconsistencies in witness statements that undermined the prosecution’s case.
Disclaimer: Past results do not guarantee future outcomes. Each case is unique and depends on its specific facts.
If you’re facing any weapons charge in Texas, talk to a lawyer before making statements to police. Call 817-203-2220 to schedule a free consultation.
Common Defenses to Weapons Charges
A weapons charge does not automatically mean conviction. Experienced defense attorneys can identify weaknesses in the prosecution’s case that may lead to dismissal, reduction, or acquittal.
Illegal Search and Seizure
The Fourth Amendment protects you from unreasonable searches and seizures. If police discovered the weapon during an unlawful traffic stop, an illegal search of your vehicle or home, a search without proper consent, or a search exceeding the scope of a warrant, the evidence may be suppressed. Without the weapon as evidence, the prosecution’s case often collapses.
Lack of Knowledge
For many weapons offenses, the prosecution must prove you knew the weapon was present. If someone else placed a firearm in your vehicle without your knowledge, if you borrowed a vehicle not knowing a weapon was inside, or if you had no reason to know about the firearm, you may have a complete defense.
Affirmative Defenses
Texas law provides specific affirmative defenses for certain situations. For example, carrying a weapon while traveling in your own vehicle is protected. LTC holders have defenses in certain prohibited places where no proper notice was given. Persons who inadvertently enter airport secured areas may have defenses if they exit immediately.
Self-Defense
In cases involving brandishing or discharging a firearm, self-defense may apply. Texas’s Castle Doctrine and stand-your-ground provisions provide strong protections when force is used to defend against unlawful attack.
Challenging “Prohibited Person” Status
If you’re charged with felon in possession, your attorney may challenge whether the prior conviction actually qualifies as a prohibiting offense, whether the five-year waiting period under Texas law has expired, whether proper procedures were followed in the original conviction, or whether your rights have been restored.
Constitutional Challenges
Following the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022), courts must evaluate firearms restrictions against the historical tradition of firearms regulation. Some charges may be vulnerable to constitutional challenge if the law lacks historical precedent.
Recent Legislative Changes to Texas Gun Laws
The Texas Legislature has continued to adjust firearms laws in recent sessions. Here are the most significant recent changes:
Constitutional Carry (HB 1927, effective 2021): Allows permitless carry for most adults 21 and older while preserving the LTC system and location restrictions.
Short-Barreled Firearms (SB 1596, effective 2025): Completely removed short-barreled rifles (SBR) and shotguns (SBS) from the list of prohibited weapons under Texas law and eliminated all state criminal penalties for possessing, manufacturing, transporting, repairing, or selling these firearms. Federal NFA registration requirements remain in effect as a matter of federal law.
No Red Flag Laws: The Legislature has expressly prohibited “red flag” style extreme risk protection order (ERPO) schemes in Texas civil courts. Texas remains outside the group of states that use civil proceedings to temporarily disarm individuals deemed dangerous.
School Safety Requirements: Texas has implemented mandatory armed-presence requirements in certain school settings, though the specifics continue to evolve through legislation and TEA guidance.
What Happens After an Arrest for Weapons Charges
Understanding the criminal justice process can help reduce anxiety and help you make better decisions about your defense.
Booking and Bond
After arrest, you’ll be booked at the county jail (fingerprints, photographs, paperwork). Within 48 hours, you’ll appear before a magistrate who will inform you of the charges and set bond. For misdemeanor charges, you may be released relatively quickly on a modest bond. Felony charges mean higher bonds and potentially longer waits.
Grand Jury (Felonies Only)
Felony cases in Texas must be presented to a grand jury, which decides whether to issue an indictment. This is a critical window. Your attorney can request to present evidence and witnesses to the grand jury, potentially resulting in a “no bill” (no indictment). A no-bill effectively ends the case without trial.
Pretrial Proceedings
If indicted, your case proceeds through pretrial hearings. Your attorney can file motions to suppress evidence obtained through illegal searches, motions to dismiss based on legal deficiencies, and requests for discovery to review the prosecution’s evidence. Many cases are resolved during this phase through negotiated plea agreements.
Trial
If negotiations fail or you choose to exercise your right to trial, the prosecution must prove every element of the offense beyond a reasonable doubt. You have the right to a jury trial or can opt for a bench trial before a judge.
What to Expect From Varghese Summersett
When you hire Varghese Summersett to defend your weapons case, you get a team of over 70 legal professionals across four Texas offices (Fort Worth, Dallas, Houston, and Southlake). Our approach includes:
Immediate investigation: We start working on your case right away, investigating the circumstances of your arrest and gathering evidence while it’s still fresh.
Constitutional analysis: We examine every aspect of how evidence was obtained to identify potential Fourth Amendment violations.
Thorough background review: We verify whether you’re actually prohibited from possessing firearms and whether any exceptions or defenses apply.
Aggressive motion practice: We file motions to suppress illegally obtained evidence and challenge weaknesses in the prosecution’s case.
Grand jury presentation: When appropriate, we present evidence to the grand jury to seek a no-bill before indictment.
Skilled negotiation: We negotiate with prosecutors for dismissal, reduced charges, or favorable sentencing when appropriate.
Trial-ready defense: If your case goes to trial, we have the resources and experience to fight for you in front of a jury.
With over 1,600 dismissals and 800 charge reductions, our track record speaks for itself. Our team includes four Board Certified Criminal Law Specialists and six former prosecutors who know how both sides of the courtroom work.
Frequently Asked Questions About Texas Gun Laws
Can I carry a gun in my car without a license?
Yes. Texas allows any person who is legally permitted to possess a firearm to carry a handgun in their vehicle without a license. The handgun can be concealed or in plain view. However, you cannot carry in your vehicle if you’re engaged in criminal activity (other than a Class C traffic offense), are prohibited from possessing firearms under state or federal law, or are a member of a criminal street gang.
Can a felon own a gun in Texas after the waiting period?
Under Texas law, a felon may possess a firearm at their home (and only their home) after five years from the date they completed their sentence, including any prison time, parole, and probation. However, federal law permanently prohibits felons from possessing firearms anywhere. This creates a legal conflict where Texas allows something that federal law prohibits. In practice, felons who possess firearms can face federal prosecution even after Texas restrictions expire.
What is the penalty for carrying a gun into a bar?
Carrying a firearm into an establishment that derives 51% or more of its income from on-premises alcohol consumption is a third-degree felony under Texas Penal Code § 46.03. This is punishable by 2 to 10 years in prison and a fine up to $10,000. These establishments must post a red “51%” sign at their entrance. If the business lacks proper signage, you may have a defense.
Do I have to tell police I have a gun during a traffic stop?
If you have an LTC, you must present it along with your driver’s license when asked for identification by a peace officer. If you’re carrying under constitutional carry (without an LTC), you are not legally required to volunteer that information unless the officer asks directly. However, if asked, you must answer truthfully. Never reach for the weapon or make sudden movements. Keep your hands visible and calmly inform the officer of the firearm’s location if asked.
What weapons are illegal to own in Texas?
Under Texas Penal Code § 46.05, prohibited weapons include explosive weapons, machine guns (fully automatic firearms), armor-piercing ammunition, chemical dispensing devices (other than small personal protection sprays), zip guns, and tire deflation devices. As of September 2025, short-barreled rifles and shotguns are no longer prohibited under state law, though they remain regulated under federal law. Possession of prohibited weapons is a third-degree felony.
Can I carry a gun while drinking alcohol?
Texas law does not specifically prohibit carrying a firearm while intoxicated in most locations. However, carrying in a 51% establishment (bar) is a felony regardless of whether you’re drinking. Additionally, if your intoxication causes you to act in a manner that alarms others or leads to a confrontation, you could face other charges. Using a firearm while intoxicated could also undermine any self-defense claim you might otherwise have.
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Protect Your Second Amendment Rights
Texas gun laws balance broad carry rights with specific restrictions designed for public safety. Constitutional carry has expanded the ability of law-abiding Texans to carry firearms, but it hasn’t eliminated the many rules about where you can carry, who can carry, and how you must carry.
If you’re facing weapons charges anywhere in Texas, whether it’s unlawful carrying, felon in possession, carrying in a prohibited place, or any other firearms offense, the outcome depends heavily on the quality of your defense. The criminal defense attorneys at Varghese Summersett have the experience, resources, and track record to fight for your rights and your future.
We offer free consultations and are available 24/7. Call 817-203-2220 today to speak with a weapons defense attorney who will fight for you.
