Weapon Charge Defense in Texas
Serving Dallas, Fort Worth, Houston, and Across the State of Texas
The second amendment of the U.S. Constitution states the right to bear arms. However, in the interest of safety, laws and codes exist at the federal, state, and local level to clarify the manner in which one is allowed to bear arms.
Texas law restricts the right to carry handguns in several locations, regardless of whether you have a permit. And various other weapons are also illegal to carry or possess in Texas.
Handguns
Texas law used to allow the carrying of a handgun as long as a permit accompanied it. Since September 1, 2021, though, under House Bill 1927, Texas allows most adults 21 and over to carry a handgun without a license, openly or concealed, in most public places — this is often called constitutional carry or permitless carry. No permit is required for open or concealed carry if you are not prohibited from possessing a firearm under state or federal law (e.g., due to felony conviction).
Restricted Locations
In Texas, even under permitless carry (constitutional carry), there are specific locations where carrying a handgun is prohibited, regardless of whether it’s open or concealed. These restrictions apply to both unlicensed carriers and, in some cases, License to Carry (LTC) holders.
Restricted Locations – No Handguns Allowed (Without Exception)
Under Texas Penal Code § 46.03, handguns may not be carried in the following places, regardless of permit:
- Schools (public or private K-12), school buses, and school grounds
- Polling places on election days or during early voting
- Courtrooms or offices used by the court
- Racetracks
- Secured areas of airports
- Within 1,000 feet of a place of execution on the day of execution
Violating these locations is a felony, even for LTC holders.
Restricted Locations – Only with Proper Notice/Signage
Under Texas Penal Code §§ 30.05, 30.06, and 30.07, private property owners can prohibit handguns by posting the correct legal signage. These include:
- 30.06 sign – bans concealed carry
- 30.07 sign – bans open carry
- 30.05 sign – bans both, used for unlicensed carriers
Examples of such places:
- Hospitals and medical facilities
- Places of worship (e.g., churches, mosques, synagogues)
- Private businesses (restaurants, stores, offices)
- Amusement parks
- Bars (51%+ alcohol sales) – completely off-limits for carry
Carrying in one of these places without proper awareness or despite signage can lead to a Class A misdemeanor or worse.
So, while Texas used to require a permit and concealed carry only, the law now allows permitless open or concealed carry, with some restrictions.
In addition to carrying and possessing weapons, there are also laws that affect the manufacturing, distribution, importing and exporting of illegal weapons.
Licenses to Carry (LTCs)
LTCs still exist and offer some benefits. Some restrictions are slightly more lenient for those with an LTC, such as in certain parts of campus carry laws. However, prohibited places under § 46.03 still apply to everyone, license or not.
LTCs offer other benefits:
- Carrying in states that have reciprocity agreements
- Streamlined firearm purchases
- Legal protections in some sensitive areas
Knives
Legal but Restricted by Location
Under Texas law (Penal Code §§ 46.01, 46.02, 46.03), most knives — including switchblades, Bowie knives, daggers, machetes, and swords — are legal to possess and carry. There are no statewide restrictions on knife types — only blade length and location matter:
1. Location-Restricted Knives
Defined as blades over 5.5 inches. These are legal to own and carry in general, but cannot be carried in certain places, including:
- Schools and educational institutions
- Polling places during elections
- Courthouses and court offices
- Racetracks
- Airports (secured areas)
- Amusement parks
- Correctional facilities
- Places of worship
- Bars (51% alcohol sales)
Carrying a location-restricted knife in one of these places is typically a Class C or A misdemeanor, depending on the context.
2. Minors and Location-Restricted Knives
It is illegal to sell or give a location-restricted knife (blade over 5.5") to anyone under 18, except with parental permission and supervision.
Other Weapons Prohibited in Texas
It is generally illegal to possess the following weapons in Texas:
- Explosive weapons (e.g., bombs, grenades, rockets)
- Machine guns
- Short-barrel firearms (rifles <16" or shotguns <18" without proper federal registration)
- Silencers/suppressors (unless registered under federal law)
- Armor-piercing ammunition
- Chemical dispensing devices (e.g., tear gas guns)
- Zip guns (homemade or improvised firearms)
Exceptions
- Many of these items are legal if registered under federal law (e.g., NFA items like suppressors or short-barrel rifles).
- Law enforcement, military, and certain licensed dealers may have exemptions.
- Some items previously banned (like switchblades and knuckles) have been legalized for general possession but may still be restricted in schools, airports, or courthouses.
Penalties
Possession of a prohibited weapon is generally a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine.
Experienced Texas Weapons Charge & Weapon Violation Lawyers
For your convenience, we answer our phones 24 hours a day, 7 days a week. Evening and weekend meetings can be arranged upon request. To set up a free initial consultation, call us at 844-402-2992 or contact us online. Se habla español.
At Bailey & Galyen, we provide comprehensive legal counsel to individuals across Texas, New Mexico, and Arkansas, including Arlington, Bedford, Burleson, Carrollton, Dallas, El Paso, Fort Worth, Houston, Lubbock, Mansfield, Mesquite, Midland/Odessa, Plano, San Antonio, Santa Fe, Sugar Land, and Springdale.