Laws Regulating Concealed and Open Carry

New laws for Texas Handgun Licensing

The Texas Department of Public Safety (DPS) administers the Handgun Licensing Program (now referred to as LTC: License to Carry) under the authority of the Texas Government Code Chapter 411, Subchapter H. DPS licenses individuals to carry handguns within Texas, evaluates the eligibility of applicants through criminal history background checks and monitors those currently licensed to ensure their continued eligibility. DPS also handles the training and certification of instructors who teach the required course to applicants. The DPS website has numerous webpages to assist with the License to Carry laws, forms, applications, and Frequently Asked Questions.

Effective January 1, 2016

New laws for the Handgun Licensing Program, formally known as Concealed Handgun Licensing (CHL), authorizes individuals to obtain a license to openly carry a handgun in the same places that allow the licensed carrying of a concealed handgun. Individuals who hold a valid CHL may continue to carry, and open carry, with valid existing license without the requirement for a new license. A license holder may carry a handgun anywhere in Texas that is not expressly prohibited by law.

Note: If you are within the town limits of Highland Park and believe anyone is in violation of any section listed below, you may call our non-emergency number, 214-521-5000, or 9-1-1.

Places Weapons Prohibited: Texas Penal Code, section 46.0

The Texas Penal Code specifically prohibits handguns in the following locations:

On the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution
On the premises of a polling place on the day of an election or while early voting is in progress
On the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court
On the premises of a racetrack
In or into a secured area of an airport
Within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure

For complete listings and definitions, please refer to Texas Penal Code, Section 46.03, Places Weapons Prohibited

Unlawful Carrying of a Handgun by License Holder: Texas Penal Code, Section 46.035

A person who has obtained their License To Carry may carry a handgun anywhere in Texas that is not expressly prohibited by law. Those places prohibited for License to Carry include:

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 areas of an institution of higher education or private or independent institution of higher education
On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place (unless the license holder is a participant in the event and a handgun is used in the event)
on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code - See more at: http://codes.lp.findlaw.com/txstatutes/PE/10/46/46.035#sthash.Fhg6hyZ8.dpuf • On the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code
On the premises of a correctional facility

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Important Note: The four locations listed below are included in Section 46.035; however, for the locations to apply to Section 46.035, notice must be given under Section 30.06 or 30.07

On the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code
In an amusement park
On the premises of a church, synagogue, or other established place of religious worship
In the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code

For complete listings and definitions, please refer to Texas Penal Code, Section 46.035, Unlawful Carrying of Handgun by License Holder.

Trespass by License Holder with a Concealed Handgun: Texas Penal Code, Section 30.06

•A person violates this section if he/she carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and received notice that entry on the property by a license holder with a concealed handgun was forbidden. A person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. Written communication includes a card, sign, or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun." The card, sign, or document must be in English and Spanish, posted in a conspicuous manner clearly visible to the public, where the letters appear in contrasting colors with block letters at least one inch in height.

For complete listings and definitions, please refer to Texas Penal Code, Section 30.06

Trespass by License Holder with an Openly Carried Handgun: Texas Penal Code, Section 30.07

•A person violates this section if he/she openly carries handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and received notice that entry on the property by a license holder openly carrying a handgun was forbidden. A person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. Written communication includes a card, sign, or other document on which is written language identical to the following: "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." The card, sign, or document must be in English and Spanish, posted in a conspicuous manner clearly visible to the public, where the letters appear in contrasting colors with block letters at least one inch in height.

For complete listings and definitions, please refer to Texas Penal Code, Section 30.07

The above sections are a general summary of Texas Penal Code Sections 46.03, 46.035, 30.06, and 30.07. It is recommended that you review each section in their entirety from the attached hyperlinks.