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People are generally authorized to openly carry long guns in Texas, although state law prohibits people from displaying a firearm in a public place in a “manner calculated to alarm.”1
However, Texas generally prohibits people from openly carryinghandguns, whether loaded or unloaded, on or about their person in public spaces, except if the handguns are carried in a holster (in which case a holstered handgun may be partially or even wholly visible to another person).2 Texas previously required people to obtain a license to carry a handgun in order to carry concealed or holstered handguns in public but legislation enacted in 2021 now generally authorizes people to carry holstered handguns in most public spaces whether or not they have a license to carry, provided that the handgun is kept concealed or holstered when in public.3
Individuals in motor vehicles and boats are also generally prohibited from carrying unholstered handgun in plain view in Texas, although individuals who are “traveling” are exempt from this prohibition.4 See the Guns in Vehicles in Texas page for more information.
Texas also permits open carry of handguns by certain security officers, most people while on their own premises or premises under their control, and people who are engaging in (including going to or from) a lawful hunting or sporting activity, among others.5
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- Tex. Penal Code § 42.01(a)(8).[↩]
- Tex. Penal Code §§ 46.02(a-5); 46.035; 46.15(b)(6). In 2015, Texas enacted a law authorizing valid handgun license holders to carry visible handguns in a shoulder or belt holster on their person, provided that they also carried a valid handgun license with them while doing so. However, in 2021, Texas again amended this law to remove any permit requirement for carrying concealed or holstered handguns in most public spaces, and also removed language that previously required holstered weapons to be carried in a shoulder or belt holster only. As a result, current law authorizes people to carry partially or wholly visible handguns in a holster of any type without a license to carry a handgun.[↩]
- See 2021 TX HB 1927.[↩]
- Tex. Penal Code §§ 46.02(a-1); 46.15(b)(2), (b)(6).[↩]
- Tex. Penal Code § 46.15.[↩]
As a legal expert with a comprehensive understanding of firearms regulations, particularly in the state of Texas, I bring forth my expertise to elucidate the nuances and changes in the laws governing the open carry of firearms, both long guns and handguns, as of my last knowledge update in January 2023.
Open Carry of Long Guns in Texas: The article mentions that people in Texas are generally authorized to openly carry long guns, subject to the restriction that displaying a firearm in a public place should not be done in a manner calculated to alarm, as per Tex. Penal Code § 42.01(a)(8). This reflects the state's recognition of the right to bear long guns openly while emphasizing responsible and non-alarming behavior.
Open Carry of Handguns in Holsters: However, when it comes to handguns, the regulations are more intricate. Texas generally prohibits the open carry of handguns, whether loaded or unloaded, on or about a person in public spaces. The exception lies in carrying holstered handguns, where a holstered handgun may be partially or wholly visible to another person. The critical change in 2021, highlighted by the passage of HB 1927, is monumental. It authorizes people to carry holstered handguns in most public spaces without the need for a license, provided the handgun is concealed or holstered.
The amended law of 2021 also eliminated the previous requirement that holstered weapons be carried in a shoulder or belt holster only, offering more flexibility in the choice of holsters. This change is detailed in Tex. Penal Code §§ 46.02(a-5); 46.035; 46.15(b)(6) and was enacted through House Bill 1927 (2021) as indicated in the article.
Exceptions and Specific Permissions: The article specifies certain exceptions and permissions. It notes that individuals in motor vehicles and boats are generally prohibited from carrying unholstered handguns in plain view. However, there's an exemption for individuals "traveling." The open carry of handguns is also allowed for specific individuals, including security officers, those on their own premises or premises under their control, and individuals engaged in lawful hunting or sporting activities.
Evolution of Handgun Carry Laws in Texas: The evolution of handgun carry laws in Texas is highlighted by the transition from a requirement for a license to carry concealed or holstered handguns in public to a more permissive stance, allowing holstered handguns to be carried openly without a license in most public spaces.
In summary, the legal landscape in Texas has evolved to grant more freedom in the open carry of firearms, especially handguns, with the significant legislative changes in 2021. The state now allows individuals to openly carry holstered handguns without a license in various public spaces, reflecting a shift in policy towards less restrictive firearm regulations.
