Texas Statewide Rule
Texas Motorist Protection Act and Vehicle Carry
Key Facts
- Statute
- Penal Code 46.02(a-1)
- Minimum age
- None for concealed carry in own vehicle
- Plain view rule
- Allowed if holstered, at 21+ or with LTC
- Local preemption
- Local Gov't Code 229.001
- Long guns
- Generally unrestricted
Summary
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.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or (2) the person is: (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or (B) prohibited by law from possessing a firearm.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Do I need a License to Carry to keep a handgun in my car in Texas?
Can a Texas city pass a stricter vehicle-carry ordinance?
Sources
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