What is Texas Constitutional Carry Law?

Yee-haw, its great to be a Texan in 2021! Your 2nd amendment right to keep and bear arms has been enhanced, and now any person over 21 years of age can carry a loaded firearm on their person, without needing to obtain a License to Carry a Firearm, previously known as a concealed carry permit (subject to a few VERY important limitations and restrictions, explained below). Many of the restrictions and limitations on the ability to carry a loaded weapon in Texas are the same as the restrictions on LTC (or CHL) license holders, under the previous law.


  • Adult (over 21 ys of age)
  • Must be carried in a holster
  • Not carrying a weapon in a prohibited place under TX Penal Code 46.03 (Educational institution, government building, business that does over 51% alcohol-sales, racetracks, airports, etc. See the Code for a full list).
  • Not carrying a weapon while also commiting a criminal offense more serious than a traffic violation under the Texas Transportation Code. This means if you are also accused of a DWI or racing on a highway, you get an unlawful carry of a weapon charge as well.
  • Not convicted of a felony in any state or Federal court
  • Not convicted of certain Misdemeanors within the last 5 years: Assault , Deadly Conduct, Terroristic Threat, Discharge of a Firearm in a Public Place, or Display of a Firearm in a Public Place in a Manner Calculated to Alarm.
  • Not released from confinement or community supervision for Assault – Family Violence within the last 5 years.
  • Not on probation, parole, or other type of court-ordered supervision prohibiting you from possessing firearms.
  • Not subject to a protective order, or mental health order prohibiting you from possessing firearms.

FULL TEXT of the Texas Penal Code Section 46


Every persons situation can be unique. If you have any question about whether or not you can legally carry a firearm, PLEASE contact an attorney and make sure, BEFORE you decide to excercise your rights under the new Consitutional Carry law in Texas.


If you have been arrested for unlawful possession of a firearm, felon in possession of a firearm or ANY gun crime, call LeGrande Law NOW! Gun and other Weapon crimes are prosecuted in Texas, you need an aggressive criminal defense attorney to fight for your freedom and make sure that justice is done.

Contact Criminal Defense Lawyer Tristan LeGrande IMMEDIATELY 




Houston Criminal defense attorney Tristan LeGrande