Open Carry FAQs
Know the Law. House Bill 910 – Open Carry of Handguns by License Holders
What is the open carry legislation?
House Bill 910, recently passed by the Texas Legislature and signed by the Governor, will expand the scope of a concealed handgun license to authorize an individual possessing a license to carry a handgun to carry the handgun in plain view in a public place if the handgun is carried in a shoulder or belt holster.
When does the law become effective?
HB 910 becomes effective on January 1, 2016. Before that time only concealed carry is allowed in Texas. Open carry of handguns, with a license to carry permit, is not allowed until January 1, 2016.
Is open carry of handguns permitted in all public places?
Yes, a person that has a license to carry a handgun is permitted to conceal carry or openly carry a handgun in all public places unless prohibited by a private property owner.
Can a business or restaurant prohibit a person from openly carrying a handgun on the premises?
Yes. Penal Code, Section 30.07, makes it a criminal offense for a license holder to openly carry a handgun on the property of another person if the person:
- does not have effective consent; and
- received notice that entry on the property by a license holder openly carrying a handgun was forbidden.
A private property owner or business can give notice to a license holder either through oral or written communication.
If written communication, then it can be provided on a card or document with the exact language: “Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly”
If written communication is provided by a sign posted on the property, then the sign must:
- Include the above bolded language in both English and Spanish;
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- Appear in contrasting colors with block letters at least one inch in height; and
- Be displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
Can a business or private property owner prohibit open carry and allow concealed carry of a handgun?
Yes. Texas law will permit private property owners to prohibit only open carry if they post the proper signage. Texas law will also permit private property owners to prohibit both concealed and open carry of handguns if the property owner properly posts two different signs relating prohibiting concealed carry and open carry.
TRA developed signs that meet the requirements to prohibit open carry and/or concealed carry on your premisis if you choose. The signs are in both English and Spanish, in the required font and contrasting colors required by law. They are available to TRA members free of charge. Download signs here
Has there been any change in the law regarding establishments whose income is greater than 50% in alcohol sales?
No. A license holder that carries a handgun, either concealed or openly, commits an offense if he/she carries the handgun on the premises of a business that has a TABC permit or license and earns greater than 50% of their income from alcohol sales.
Where can I get signs to prohibit concealed or open carry of handguns?
TRA developed signs that meet the requirements to prohibit open carry and/or concealed carry on your premisis if you choose. The signs are in both English and Spanish, in the required font and contrasting colors required by law. They are available to TRA members free of charge. Download signs here
The TABC has signs for the prohibition of handguns for premises with greater than 50% of alcohol sales. Download the sign
