Texas has some of the most well-known handgun laws in the United States, but understanding the nuances of these laws is crucial to avoid unintentional violations. With the implementation of constitutional carry and specific rules for public and private spaces, knowing when and where you can legally carry a handgun is more important than ever. At Teakell Law, we provide clear guidance and robust legal defense for those navigating Texas handgun laws.
This page explains when it is legal to carry a handgun in Texas, where restrictions apply, and what to do if you face charges for unlawfully carrying a weapon.
Constitutional Carry in Texas: What It Means
Texas enacted constitutional carry in September 2021, allowing most residents to carry a handgun without a permit, provided they meet specific legal requirements. However, this law does not mean unrestricted carry. To legally carry a handgun without a permit in Texas, you must:
- Be at least 21 years old
- Not have prior felony convictions or certain misdemeanor convictions, such as family violence
- Not be subject to a protective order
- Be legally eligible to possess firearms under federal and state law
While constitutional carry simplifies the process for many law-abiding Texans, the laws still require you to carry responsibly and adhere to all applicable restrictions.
For individuals with prior convictions or those seeking clarity on eligibility, visit our page on gun rights restoration.
Places Where Handgun Carry is Restricted
Even under constitutional carry, there are several places where carrying a handgun is restricted by law. These include:
- Schools and Educational Institutions: Carrying firearms is prohibited on school premises, including colleges, unless explicitly allowed under the campus carry laws.
- Government Buildings: Courtrooms, polling places, and other government facilities often have restrictions on carrying firearms.
- Private Property with Notice: Businesses or private property owners may prohibit firearms by displaying signs that comply with Texas Penal Code § 30.06 or § 30.07.
- Bars and Alcohol-Serving Establishments: Locations that derive more than 51% of their revenue from alcohol sales prohibit handgun carry.
- Sporting Events and Large Public Gatherings: Carrying is restricted at professional sporting events or similar public venues unless specifically allowed.
Understanding these restrictions is vital to avoiding criminal charges. If you have questions about where carrying is legal, explore our Texas gun laws guide.
Legal Penalties for Unlawful Handgun Carry
Carrying a handgun in violation of Texas laws can lead to serious legal consequences, including:
- Class A Misdemeanor Charges: These charges can result in up to one year in jail and fines of up to $4,000, typically applied for violations like carrying a handgun in a restricted location.
- Felony Charges: If carrying a handgun leads to more severe offenses, such as using a firearm during the commission of a crime, felony charges may apply. Convictions can result in significant prison sentences and fines.
Repeat offenses or violations in sensitive locations, such as schools or government buildings, can increase the severity of penalties. For a deeper understanding of firearm-related offenses, visit our page on firearms smuggling laws and consequences.
Defending Against Unlawful Carry Charges in Texas
Facing charges for unlawfully carrying a handgun can be intimidating, but several defense strategies may apply depending on the circumstances of your case. At Teakell Law, we have a strong record of defending clients against firearm-related charges.
Common Defense Strategies:
- Lack of Intent: Proving that the individual did not knowingly violate carry restrictions may lead to reduced or dismissed charges.
- Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights during the investigation, evidence may be suppressed.
- Valid Permit or Exemption: Demonstrating that the accused had a legal permit or qualified for an exemption at the time of the alleged offense.
To learn more about building a strong defense, explore our weapons charges defense strategies.
Open Carry vs. Concealed Carry: Key Differences
Texas law allows for both open carry and concealed carry of handguns, with distinct rules for each:
- Open Carry: Handguns must be holstered and visible. While a permit is not required under constitutional carry, individuals must meet all other eligibility criteria.
- Concealed Carry: The firearm must not be visible to the public. This option is often preferred for personal security and discretion.
Understanding these distinctions is essential for legal handgun carry in Texas. For more information on concealed carry laws, visit our concealed carry legal guide.
How Teakell Law Can Help?
At Teakell Law, we understand the complexities of Texas handgun laws and the challenges individuals face when charged with firearm-related offenses. Our experienced attorneys provide personalized legal representation to ensure your rights are protected and your case is handled with the utmost professionalism.
Why Choose Us?
- Extensive Firearm Law Knowledge: Our team stays current on the latest changes in Texas gun laws to provide you with accurate legal advice.
- Proven Defense Strategies: We tailor our approach to your specific situation, focusing on achieving the best possible outcome.
- Dedicated Client Support: From consultations to courtroom representation, we guide you through every step of the legal process.
Contact Teakell Law Today
If you have questions about when it is legal to carry a handgun in Texas or are facing charges for unlawfully carrying a firearm, contact Teakell Law today. Our experienced attorneys are ready to provide the legal support you need to protect your rights and navigate Texas firearm laws effectively.
Building a strong defense is therefore the key factor in protecting your rights.
