Texas Penal Code 46.02(a-1) lets any non-prohibited adult carry a handgun inside a personally-owned or leased motor vehicle or watercraft without a License to Carry. Since HB 1927 (2021), the handgun may even sit in plain view if holstered and the carrier is 21 or older or licensed.
Section 46.02(a-1) of the Texas Penal Code, often called the Motorist Protection Act, lets a person who is not prohibited from possessing a firearm carry a handgun in a vehicle or watercraft the person owns or controls. No minimum age applies to concealed vehicle carry, but a handgun in plain view is lawful only if it is in a holster and the carrier is 21 or older or holds a License to Carry — HB 1927 (2021) loosened the old rule that required an LTC for any visible handgun. The carrier may not be a criminal street gang member or engaged in criminal activity beyond a Class C traffic or boating offense. Long guns are generally unrestricted in vehicles, and Local Government Code 229.001 preempts stricter local rules.
Unlawful Carrying of a Weapon under Penal Code 46.02 is generally a Class A misdemeanor; carrying on premises licensed for on-premises alcohol sales elevates the offense to a third-degree felony.
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See how Smith County's firearms in vehicles rules stack up against other locations.
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