Texas Penal Code 46.02 (Unlawful Carrying Weapons) & 46.04 (Unlawful Possession of Firearm) are amended to make it lawful for most people aged 21 and older to carry a handgun in most public places without a permit. Note that laws other than Penal Code 46.02 and 46.04 may apply in some circumstances to make firearm possession or display illegal.

  • Basic Carry/Possession Restrictions: Penal Code 46.02 and 46.04 are amended to make it a crime for people to carry or possess a handgun in the following circumstances:

  • A person who is younger than 21, or who has been convicted of an offense under

Penal Code sections 22.01(a)(1) (Assault Causing Bodily Injury), 22.05 (Deadly Conduct), 22.07 (Terroristic Threat), or 42.01(a)(7) or (8) (Disorderly Conduct – Discharging or Displaying a Firearm) in the preceding 5 years, may not carry a handgun except on their own premises or except inside or directly en route to their motor vehicle or watercraft.

  • A person who is intoxicated may not carry a handgun except on the person’s own property or except while inside of or directly en route to the person’s vehicle or watercraft.

  • A person who is restricted from possessing a firearm under Penal Code 46.04(a), (b), or (c) (Unlawful Possession of Firearm) may not carry a handgun unless on the person’s own premises or inside of or directly en route to the person’s vehicle or watercraft.

  • A person who is a member of a criminal street gang (as defined by Penal Code 71.01) may not carry a handgun in a motor vehicle or watercraft.

  • The federal law restrictions on firearm possession remain unaffected.