2016 Open Carry Gun Law in Texas
Public Service Announcement
On January 1, 2016 House Bill 910 will take effect in the State of Texas. This Bill is more commonly known as the “Open Carry Law.” Numerous questions in regards to this new law are being asked by all citizens of the State of Texas and in this public service release the Eagle Pass Police Department will highlight some of the more frequently asked questions regarding this new law.
The Concealed Handgun Laws of The State of Texas:
Texas allows concealed handguns to be legally carried with a CHL issued by Texas or by a state which Texas recognizes. If a license holder is in possession of a concealed handgun, they must produce their concealed weapons license along with another valid identification upon the demand of a police officer.
Private property owners are allowed to prohibit the carrying of concealed handguns on their property if they provide proper legal notice of trespassing by a CHL holder with a concealed handgun given in compliance with Texas Penal Code §30.06. Notice may be given verbally or in writing with a statutory warning or by signage with the statutory warning in English and Spanish, in one inch high block letters posted in a conspicuous place.
Can I lawfully open carry a firearm in Texas?
Yes, as of January 1, 2016, you can carry any handgun openly or concealed as long as you are licensed by Texas or a state with reciprocity. By law, the handgun must be carried in a “shoulder Or belt holster.” Long arms do not require a license.
Can I open carry at my university or college?
No, While Campus carry is legal as of August 1, 2016, it must remain concealed and you must have a handgun license. To get a license you must be at least 21 years of age. Open carry is not permitted by a license holder regardless of whether the handgun is holstered:
- On the premises of an institution of higher education or private or independent institution of higher education.
- On any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area of an institution of higher education or private or independent institution of higher education.
Can I open carry in a vehicle?
Yes, You no longer have to conceal your holstered firearm while in your vehicle provided you have a license. If you do NOT have a license, you WILL need to keep your handgun concealed. Keep in the mind that the handgun must be “on or about”your person. This generally means that you must be able to access the firearm without “materially having to change position” to retrieve it. In layman’s terms, “Within arm’s reach.” It still must be in a holster.
Do local law enforcement officers know that open carry is legal?
Many do, but some don’t. Do not assume that someone who has been trained to enforce the law knows all of it. It is important to know and memorize the laws so that you can intelligently and articulately explain them to a law enforcement officer or curious individual
Further, even with a CHL, these weapons may not be carried concealed under the following circumstances pursuant to Texas Penal Code §46.03 & $46.035:
- A concealed handgun cannot be carried while the person is intoxicated.
- At an amusement park if a proper TPC §30.06 warning is given.
- In a place of religious worship if a proper TPC §30.06 warning is given.
- In a hospital or nursing home if a proper TPC §30.06 warning is given.
- At any correctional facility or within 1000 feet of a correctional facility designated as a place of execution on a day of execution if proper notice is posted.
- In any court or offices used by a court unless pursuant to written regulations or written authorization from the court.
- At any polling place on Election Day.
- At any meeting of any governmental body if proper notice is posted pursuant to Texas Penal Code $30.06.
- At any high school, collegiate, professional sporting event or interscholastic event, unless the license holder is a participant in the event and a handgun is used in the event.
- Inside any building or passenger transportation vehicle of a public or private school or educational institution.
- In the premises of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which derives 51% or more of its income from the sale of alcoholic beverages and has a conspicuous warning prohibiting firearms, if posted.
The General Firearms Laws of The State of Texas:
In Texas, it is generally illegal to carry a handgun outside of a person’s own premises. However, a person may carry, either open or concealed, in a non-threatening or alarming manner, a shotgun or rifle. However even with a handgun, in Texas, there are several places where a person may possess a handgun legally without the benefit of a Texas Concealed Handgun License (CHL). These places include:
- A person’s residence or other real property under their control.
- A person’s private motor vehicle or watercraft if the handgun is concealed, and the person is legal to possess a firearm, is not a member of a street gang, and is not engaged in the commission of a crime greater than a Class C misdemeanor traffic or boating violation.
- A person engaged in lawful fishing, hunting, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the persons’ residence or motor vehicle, if the firearm is a type commonly used in the activity.
- While storing a loaded firearm, it must be in a place which cannot be accessed by a child under the age of 17, or secured with a trigger lock if there is reason to know that a child under 17 may gain access to the firearm.
All this information and much more concerning House Bill 910 can be found on a variety of web sites such as:
It is the Eagle Pass Police Department’s main priority to keep our community safe at all times and recommends, if you are going to “open carry” do so with safety in mind at all times for all those around you who may be unaware of this new law.
