Is it legal to carry a gun in Texas?

What the law says

What the offense needs. Under section 46.02(a) of the Texas Penal Code, unlawful carrying is committed by a person who

“intentionally, knowingly, or recklessly carries on or about his or her person a handgun;”

and who, at the same time, is younger than 21 or has one of the convictions the section lists, and is not on their own premises or in or heading to their own vehicle or boat. Under section 46.02(a) of the Texas Penal Code, an adult who fits none of those conditions does not commit this offense, license or not.

The convictions that count. Under section 46.02(a)(2)(B) of the Texas Penal Code, they are certain assault, deadly conduct, terroristic threat and disorderly conduct offenses involving a firearm, committed within the 5 years before the carrying.

What a handgun is. Under section 46.01 of the Texas Penal Code, a handgun is any firearm designed, made or adapted to be fired with one hand.

The penalty. Under section 46.02(b) of the Texas Penal Code, unlawful carrying is usually a Class A misdemeanor. Under section 12.21 of the Texas Penal Code, that carries a fine of up to $4,000, up to 1 year in jail, or both.

What changes the answer

Showing it in public. Under section 46.02(a-5) of the Texas Penal Code, it is an offense to intentionally display a handgun in plain view of another person in a public place. The same subsection says:

“It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster.”

In your car. Under section 46.02(a-1) of the Texas Penal Code, a handgun in plain view in your vehicle is an offense unless you are 21 or older, or licensed, and it is in a holster. Carrying in a vehicle while committing a crime, other than a minor traffic offense, is also an offense.

Drinking. Under section 46.02(a-6) of the Texas Penal Code, carrying a handgun while intoxicated is an offense, except on your own property, on private property with the owner’s consent, or in or heading to your vehicle.

Long knives and minors. Under section 46.02(a-4) of the Texas Penal Code, a person under 18 may not carry a knife with a blade over 5.5 inches away from home or a vehicle, unless a parent or guardian is supervising. That is a Class C misdemeanor under section 46.02(d).

Felony convictions. Under section 46.04(a) of the Texas Penal Code, a person convicted of a felony may not possess a firearm until the fifth anniversary of release from prison or supervision, and after that only at the place they live.

Family violence. Under section 46.04(b) of the Texas Penal Code, a person convicted of a Class A assault against a family or household member may not possess a firearm for 5 years after release.

Banned places. Under section 46.03(a) of the Texas Penal Code, it is an offense to carry a firearm onto the premises of a school, a polling place during voting, a court, a racetrack, a secured airport area, a prison, a hospital, an amusement park or a sporting event.

Bars. Under section 46.03(a)(7) of the Texas Penal Code, the ban also covers a business that earns 51 percent or more of its income from alcohol served on the premises.

The penalty there. Under section 46.03(g) of the Texas Penal Code, carrying in a banned place is usually a felony of the third degree. Under section 12.34 of the Texas Penal Code, that means 2 to 10 years in prison and a fine of up to $10,000.