Carrying a Gun Without a Permit in Texas — When It's a Crime and When It's Not

Texas is often described as a “constitutional carry” state. But that does not mean you can carry a gun anywhere, at any time, without consequences.

If you're arrested in Dallas, Fort Worth, Plano, McKinney, Frisco, Denton, or anywhere in Dallas County, Tarrant County, Collin County, or Denton County, you may be shocked to learn that carrying without a permit can still lead to criminal charges under the right circumstances.

At Texas Defenders, we regularly defend unlawful carry cases and gun-related arrests. Here's what you need to know.

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Is a Permit Required to Carry a Gun in Texas?

As of September 1, 2021, Texas allows most people 21 and older (and some 18–20-year-olds under specific circumstances) to carry a handgun without a License to Carry (LTC).

This change came through House Bill 1927, often called “permitless carry.”

However:

• You must not be prohibited from possessing a firearm.

• You cannot carry in certain restricted locations.

• You cannot carry while engaged in criminal activity (other than minor traffic violations).

• You must carry the handgun in a holster.

So while a permit is no longer required in many situations, there are still plenty of ways carrying a gun can become a crime.

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When Carrying Without a Permit Is Legal

You may legally carry a handgun without a license in Texas if:

✅ You Are 21 or Older (or qualify at 18–20 under federal/state exceptions)

✅ You Are Not a Felon or Otherwise Prohibited

✅ You Are Not Intoxicated

✅ You Are Not in a Prohibited Location

✅ The Gun Is in a Holster

This applies to both open carry and concealed carry.

But this is where many people get into trouble.

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When Carrying Without a Permit Becomes a Crime

Under Texas Penal Code § 46.02 (Unlawful Carrying of a Weapon), carrying can still be illegal in several common scenarios.

1. You're a Prohibited Person

You cannot carry a firearm if you:

• Have a felony conviction (with limited exceptions after 5 years at home only)

• Are subject to certain protective orders

• Have specific family violence convictions

• Are prohibited under federal law

This is often charged as a third-degree felony, which can carry 2–10 years in prison.

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2. You're Carrying While Committing Another Crime

If you're:

• Arrested for DWI

• Involved in an assault

• Possessing drugs

• Engaged in organized criminal activity

Carrying a firearm during that offense can elevate charges significantly.

In many Dallas and Tarrant County arrests, what begins as a minor charge becomes far more serious once a firearm is involved.

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3. You're in a Prohibited Location

Even without a permit, you cannot carry in certain places, including:

• Schools and school events

• Polling places

• Courts and government offices

• Secured airport areas

• Racetracks

• Bars displaying a “51%” sign

• Certain hospitals and nursing facilities

• Businesses with valid 30.05, 30.06, or 30.07 signage

We have written separately about weapons in hospitals and bars because these are frequent arrest locations in Dallas and Collin County.

Walking past a proper 30.06 or 30.07 sign with a handgun can result in criminal trespass with a firearm charges.

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4. You Refuse to Leave After Notice

Even if a business does not have proper signage, once you are personally told to leave because you're armed, you must comply.

Failure to leave can lead to arrest for criminal trespass.

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5. You Are Intoxicated

You cannot carry a handgun while intoxicated in public.

This is frequently charged alongside DWI in Dallas and Fort Worth.

Many people mistakenly believe they are protected by constitutional carry while drinking. They are not.

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What About Long Guns?

Texas law treats rifles and shotguns differently in some contexts, but carrying them in a manner that causes alarm can lead to disorderly conduct or other charges.

Context matters.

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What Are the Penalties?

Penalties vary depending on the facts:

• Class A misdemeanor – Up to 1 year in jail and $4,000 fine

• Third-degree felony – 2 to 10 years in prison

• Enhanced penalties if committed in prohibited locations

In counties like Dallas and Tarrant, prosecutors often take firearm-related offenses seriously, especially if connected to other alleged crimes.

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Common Scenarios We See at Texas Defenders

At our firm, we commonly see:

• Traffic stop + marijuana + firearm

• DWI arrest with a handgun in the console

• Bar altercation with concealed carry

• Protective order violations involving weapons

• Young adults misunderstanding age eligibility

Many of these cases are defensible. Police often:

• Misapply signage laws

• Conduct illegal searches

• Fail to properly prove intoxication

• Overcharge based on assumptions

Gun cases are fact-specific. Small legal details make a big difference.

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Just Because You Don't Need a Permit Doesn't Mean You're Safe From Arrest

The biggest misconception in Texas right now is this:

“If I don't need a permit, I can't get arrested.”

That is simply not true.

Constitutional carry removed the licensing requirement in many situations. It did not eliminate criminal liability.

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Arrested for Unlawful Carry in Dallas, Fort Worth, Collin, or Denton County?

If you've been charged with:

• Unlawful Carrying of a Weapon

• Carrying While Intoxicated

• Firearm in a Prohibited Place

• Gun Charge with DWI or Drug Case

You need an experienced criminal defense team immediately.

At Texas Defenders, located at 3302 Swiss Circle, Dallas, TX 75204, we defend gun charges across:

• Dallas County

• Tarrant County

• Collin County

• Denton County

When you hire Texas Defenders, you get an entire team of defense lawyers working together on your case — big firm resources at small firm prices.

Call 214-306-9696 today for a consultation.