Texas is widely known for having broad firearm rights, including laws that allow many adults to carry handguns without a permit. However, Texas gun laws still contain important restrictions on who may possess a firearm, where firearms may be carried, and when a person can face criminal charges for weapons-related conduct.
Texas gun laws are primarily governed by Chapter 46 of the Texas Penal Code, along with provisions of the Texas Government Code and federal law. Understanding how these rules work is essential for anyone living in or visiting the state.
Permitless Carry in Texas (HB 1927)
One of the most significant changes to Texas gun law occurred in 2021 with the passage of House Bill 1927, which became effective September 1, 2021. This law allows individuals who are 21 years of age or older and legally eligible to possess a firearm to carry a handgun without obtaining a License to Carry (LTC).
This policy is sometimes referred to as permitless carry or constitutional carry. However, permitless carry does not eliminate all regulations. Individuals must still follow existing laws regarding prohibited locations, criminal history restrictions, and other firearm regulations.
Who Cannot Legally Possess a Firearm
Texas law places restrictions on firearm possession for certain individuals. Texas Penal Code § 46.04 governs unlawful possession of a firearm.
Under this law:
- A person who has been convicted of a felony commits an offense if they possess a firearm before the fifth anniversary of release from confinement or supervision, or after that period at any location other than their own premises
- A person convicted of Class A misdemeanor family violence involving a household member commits an offense if they possess a firearm before the fifth anniversary of release
- A person subject to a protective order commits an offense if they possess a firearm after receiving notice of the order and before its expiration
Places Where Firearms Are Prohibited
Under Texas Penal Code § 46.03, firearms are generally prohibited in several locations, even for individuals who legally possess them:
- Schools and educational institutions (K-12 and postsecondary)
- Polling places on election day or during early voting
- Courtrooms and court offices
- Racetracks
- Secured areas of airports
- Within 1,000 feet of execution premises on the day an execution is scheduled
Violating location-based restrictions can lead to criminal charges, typically a third-degree felony punishable by 2 to 10 years in prison.
Private Property Rights
Texas law allows private property owners to prohibit firearms on their premises through legally recognized notice requirements found in the Texas Penal Code. Businesses and property owners may post specific signage (such as 30.06 or 30.07 signs) or provide other forms of notice. If a person receives proper notice and refuses to comply, the situation can potentially lead to criminal trespass charges.
Speak With a Texas Criminal Defense Attorney
Weapons-related charges can carry serious consequences, and the outcome of a case often depends on the details surrounding the incident and the applicable statutes. If you are facing a firearms-related investigation or criminal charge in the Houston area, understanding how Texas gun laws apply to your situation is an important first step.
To learn more about legal services and criminal defense representation, visit us. If you would like to discuss your situation, you can contact us today. You may also call (713) 766-6001 to speak with the team at Morgan Bourque Attorney at Law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.