Texas Statewide Rule

Texas Open Carry Law Preempts Local Rules

Few RestrictionsApplies statewide across Texas (2026)

Key Facts

Open Carry Statute: Penal Code 46.02
Holster Required: Yes, handguns
Long Guns: Generally lawful
Local Bans: Preempted

Last verified: September 5, 2026Source: Texas Statutes

Summary

Texas authorizes open carry of holstered handguns statewide for adults 21 and older under Penal Code 46.02 and HB 910 (2015). Long guns may be openly carried subject to disorderly conduct limits. Municipalities cannot impose additional open carry restrictions.

(a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster.

Source: Texas StatutesView official code

Full Breakdown

HB 910 (2015) authorized open carry of handguns in shoulder or belt holsters for License to Carry holders, and HB 1927 (2021) extended permitless open carry of holstered handguns to qualifying adults 21+. Long gun open carry remains generally lawful but Penal Code 42.01 disorderly conduct prohibits displaying firearms in a manner calculated to alarm. Local Government Code 229.001 preempts municipal open carry ordinances, including bans in parks, on sidewalks, and at public events outside narrow statutory exceptions. Property owners may post Penal Code 30.07 signs to bar open carry on private premises.

Violations & Penalties

Unlawful carry under Penal Code 46.02 is a Class A misdemeanor; trespass after 30.07 notice is Class C escalating to Class A; disorderly conduct displaying firearms is Class B.

Frequently Asked Questions

Can I open carry a handgun in a Texas city park?

Generally yes if you meet age and eligibility requirements and the handgun is holstered. Cities cannot ban open carry in parks under preemption, though statutory off-limits locations still apply.

Is long gun open carry legal in Texas?

Yes, with no permit required, but carrying a rifle or shotgun in a manner calculated to cause alarm can constitute disorderly conduct under Penal Code 42.01(a)(8).

Can a private business ban open carry?

Yes. Property owners can post a compliant Penal Code 30.07 sign or give verbal notice prohibiting open carry of handguns on their premises.

Sources

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