Who is Allowed to Carry A Firearm Without a License to Carry in Texas?

Last Updated on July 23, 2025 by Beltz Law Group

Understanding Texas’s Permitless Carry Law: House Bill 1927 Explained

Texas’s gun laws underwent significant changes with the passage of House Bill 1927, dramatically altering how individuals can carry handguns without a License to Carry (LTC). This article will break down these changes and the applicable laws. If you’ve been charged with unlawful carrying of a weapon and would like to discuss your case with an experienced criminal defense lawyer, please contact our office at 214-321-4105. We are ready to help.

Basic Requirements for Permitless Carry

House Bill 1927 established two fundamental requirements for legally carrying a handgun in Texas without an LTC:

1. Age Requirement: The individual must be at least 21 years old.
2. Eligibility: The person must not be prohibited from possessing a firearm under either Texas state or federal law.

Public Versus Private Places

It’s crucial to understand the distinction between public and private places when discussing handgun carry laws. This article primarily focuses on the ability to carry a handgun in a public place.

The definition of a “public place” is found in Texas Penal Code Section 1.07(40):

“Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

It’s important to note that the laws discussed here do not directly relate to carrying a handgun within a private place, such as your own home or private property. Laws governing firearm possession in private settings can differ based on your criminal history and other background factors. If you’ve been charged with unlawful carrying of a weapon, especially in a private context, it is vital to discuss these specifics with a criminal defense attorney.

Who Is a “Prohibited Person”?

Determining whether someone is a “prohibited person” from carrying a handgun in Texas can be complex, as it requires considering both federal and state laws. We will categorize these prohibitions by subject for clarity.

Persons Convicted of a Felony

Both Texas and federal law place restrictions on firearm possession for individuals with felony convictions.

Texas State Law: Texas Penal Code Section 46.04 – Unlawful Possession of Firearm

This section outlines when a person convicted of a felony commits an offense by possessing a firearm:

• (a) Felony Conviction (General Prohibition):
  • It is an offense for a convicted felon to possess a firearm:
    • After conviction and before the fifth anniversary of their release from confinement, or release from community supervision (probation), parole, or mandatory supervision, whichever date is later.
    • After this five-year period, at any location other than the premises where the person lives. This means even after five years, a convicted felon can generally only possess a firearm at their residence.
  • Penalty: An offense under Subsection (a) is a felony of the third degree.
• (a-1) Criminal Street Gang Members: A person who is a member of a criminal street gang (as defined by Section 71.01 of the Penal Code) commits an offense if they intentionally, knowingly, or recklessly carry a handgun on or about their person in a motor vehicle or watercraft.
  • Penalty: An offense under Subsection (a-1) is a Class A misdemeanor.
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  Unlawful Carrying Of A Weapon In Texas

  (b) Family Violence Misdemeanors: A person convicted of a Class A misdemeanor offense under Section 22.01 (Assault) involving a member of their family or household commits an offense if they possess a firearm before the fifth anniversary of the later of:

  • Their release from confinement after the conviction; OR
  • Their release from community supervision (probation) after the conviction.
  • Penalty: An offense under Subsection (b) is a Class A misdemeanor.
• (c) Protective Orders: A person (other than a peace officer actively engaged in their duties) who is subject to certain protective orders (e.g., under the Family Code or Code of Criminal Procedure, or similar orders from other jurisdictions) commits an offense if they possess a firearm after receiving notice of the order and before its expiration.
  • Penalty: An offense under Subsection (c) is a Class A misdemeanor.
• (d) Definitions: This subsection clarifies the meanings of “family,” “household,” and “member of a household” as defined in Chapter 71 of the Family Code for the purpose of this section.
• (f) Defining “Felony” for this Section: For the purpose of Texas Penal Code Section 46.04, an offense is considered a felony if, at the time it was committed, it:
  • Is designated as a felony by Texas law; OR
  • Contains all the elements of an offense designated as a felony by Texas law; OR
  • Is punishable by confinement for one year or more in a penitentiary.
• (g) Exceptions to “Felony” Definition: An offense is not considered a felony for the purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:
  • Is not designated as a felony by Texas law; AND
  • Does not contain all the elements of any offense designated as a felony by Texas law.

Federal Law: 18 U.S.C. Section 922(g)(1)

Federal law also broadly prohibits certain individuals from possessing firearms. Specifically, it is unlawful for:

• (1) any person… who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.

This federal prohibition is very broad and often applies even if a state restores an individual’s rights after a felony conviction, unless those rights are fully restored at the federal level as well.

Understanding these detailed state and federal prohibitions is essential for anyone considering carrying a handgun under Texas’s permitless carry law. The consequences for violating these laws can be severe, ranging from a Class A misdemeanor to a third-degree felony. If you have any doubts about your eligibility, consulting with a legal professional is strongly advised.