Is it still a crime to carry a gun in Texas?
Since September 2021, most adults 21 and over can carry a handgun in Texas without a license. Penal Code §46.02 still makes carrying a crime in specific situations: under 21, a recent assault or deadly conduct conviction, carrying while intoxicated, intentionally displaying a handgun in public outside a holster, or carrying while prohibited from possessing a firearm at all. Those are Class A misdemeanors, except for prohibited persons, where carrying off your own premises is a second degree felony with a five year minimum if the prohibition comes from a felony conviction. Separately, §46.04 makes possession by a felon a third degree felony, and federal law, 18 U.S.C. §922(g), carries up to 15 years for the same conduct.
- Permitless carry changed who can carry, not where the law bites: age, intoxication, open display, and prior convictions still create charges.
- A felon in Texas cannot possess a firearm anywhere for five years after release, and after that only inside the home. Violation is a third degree felony, 2 to 10 years.
- A prohibited person who carries a handgun off their premises faces a second degree felony with a mandatory five year floor under §46.02(a-7).
- The same gun can be a federal case: §922(g) covers felons, unlawful drug users, people under protective orders and domestic violence misdemeanants, up to 15 years, and a 15 year minimum with three prior qualifying convictions.
- These cases turn on possession, knowledge, and the search. Where the gun was found and how is usually the whole case.
Texas gun law changed in 2021 and a lot of people drew the wrong conclusion from it. The license requirement went away for most adults; the list of ways to be charged did not. Peter M. Barrett has defended weapons cases in Dallas County and the federal courts of the Northern District of Texas since 1994, across more than 150 jury trials, and the case review is free and confidential. This guide lays out the three statutes that generate nearly every gun charge in North Texas, and where the defense works.
Unlawful carrying of a weapon, §46.02: what is still illegal
| Situation | What the statute says | Level |
|---|---|---|
| Under 21, or a conviction in the last five years for assault with bodily injury, deadly conduct, terroristic threat, or certain disorderly conduct | Carrying a handgun off your own premises and outside your own vehicle is an offense | Class A misdemeanor, up to 1 year |
| Handgun in your vehicle | Illegal if in plain view (unless 21 or licensed, and holstered), or if you are engaged in criminal activity beyond a traffic offense, or prohibited from possessing a firearm | Class A misdemeanor |
| Intentional display in public | Showing a handgun in plain view of another person in a public place, unless it is in a holster | Class A misdemeanor |
| Carrying while intoxicated | Off your own property and outside your own vehicle | Class A misdemeanor |
| Carrying while a prohibited person | Off your premises and outside your vehicle while barred by §46.04 from possessing a firearm | 2nd degree felony with a 5 year minimum (felony prohibition); 3rd degree (family violence or protective order prohibition) |
The vehicle rule catches more people than any other. A handgun on the passenger seat during a traffic stop is a Class A misdemeanor if the driver is under 21; it becomes a felony if the driver is a prohibited person, and the stop itself often becomes the search that produces the charge.
Unlawful possession by a felon, §46.04
- Five years of no possession, anywhere. From conviction until the fifth anniversary of release from confinement or supervision, whichever is later, a person convicted of a felony may not possess a firearm at all.
- After five years, home only. Possession is permitted only at the premises where the person lives. A rifle in the truck, or a pistol at a friend's house, is the offense.
- Third degree felony. 2 to 10 years and up to a $10,000 fine. The same statute bars possession for five years after a family violence assault conviction and during a protective order, as Class A misdemeanors.
- "Felony" is defined broadly. Convictions from other states and federal court count if the offense was a felony where committed or punishable by a year or more.
The federal version: 18 U.S.C. §922(g)
Federal prosecutors in the Northern District of Texas charge gun possession constantly, often picking up cases that began as a Dallas police stop. §922(g) makes it a crime for listed categories of people to possess a firearm or ammunition that has moved in interstate commerce, which in practice means almost every gun. The categories include anyone convicted of a crime punishable by more than a year, unlawful users of controlled substances, people subject to qualifying protective orders, and people convicted of a misdemeanor crime of domestic violence. The penalty under §924(a)(8) is up to 15 years, and under the Armed Career Criminal Act, §924(e), a person with three prior violent felony or serious drug convictions faces a mandatory minimum of 15 years with no probation. Federal law has no five-year window and no home exception: for a felon, possession anywhere is the offense. See federal gun charges in Texas and the federal defense page.
Where gun cases are actually won
- The search. Most gun charges begin with a traffic stop, a frisk, or a vehicle search. Whether the stop was lawful, whether the search had consent or probable cause, and whether the stop was prolonged beyond its purpose decide whether the gun is ever seen by a jury.
- Possession. A gun in a shared car or shared home belongs to someone; the State must prove the accused knowingly possessed it. Fingerprints, DNA, registration, and who sat where are the evidence.
- Knowledge of status. In federal court the government must prove the person knew they belonged to a prohibited category, which is a real issue for old, out-of-state, or deferred cases.
- The exceptions. Own premises, own vehicle, holstered, over 21, licensed: each is an element the State must negate, not a defense the accused must raise.
- State or federal. Whether a case stays in state court or is adopted federally can change the exposure from a probation-eligible misdemeanor to a 15 year ceiling. Early counsel influences that path.
Common questions
Can a felon own a gun in Texas?
Under Texas law, not for five years after release from prison or supervision, and after that only at the home where the person lives, under Penal Code §46.04. Under federal law, 18 U.S.C. §922(g), a felon may not possess a firearm or ammunition at all, anywhere, with no waiting period and no home exception. The Texas home rule does not protect against a federal charge.
Is unlawful carrying of a weapon a felony in Texas?
Usually a Class A misdemeanor, up to a year in county jail. It becomes a felony when the person carrying is prohibited from possessing a firearm: a second degree felony with a five year minimum if the prohibition comes from a felony conviction, a third degree felony if it comes from a family violence conviction or a protective order.
Can I carry a handgun in my car in Texas?
Adults 21 and over who are not prohibited may carry a handgun in their own vehicle, and in plain view only if it is in a holster. Under 21, the handgun cannot be in plain view at all, and anyone engaged in criminal activity beyond a traffic violation, or prohibited from possessing a firearm, commits an offense by carrying in a vehicle.
What happens if I carry a gun while drinking?
Carrying a handgun while intoxicated, away from your own property and vehicle, is a Class A misdemeanor under §46.02(a-6). It is charged most often outside bars and at events, and the gun is usually discovered because of some other contact with police.
Why is my gun case federal?
Because federal prosecutors adopt state gun arrests when the person falls into a §922(g) category, especially felons and people with drug involvement, and the federal penalties are far heavier: up to 15 years, or a 15 year minimum under the Armed Career Criminal Act. Which court a case ends up in is sometimes negotiable in the first weeks, and almost never afterward.
What should I do after a gun arrest?
Say nothing about the gun, including "it's registered" or "I didn't know it was there"; both are statements about possession the State will use. Preserve the stop: dashcam, bodycam requests, and witnesses to how the search happened. The consultation is free and confidential: (214) 526-0555, answered 24/7 for emergencies.
The law this article describes, at the source.
This article is general legal information about Texas and federal law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed criminal defense attorney about your specific facts. Request a free, confidential case review.