Where Is It Illegal to Carry a Firearm in Texas?

 Posted on July 15, 2026 in Gun Crimes

Texas has some of the most permissive gun laws in the country, but there are still many places where carrying a firearm is illegal, even if you have a license to carry. Many Texans are surprised to discover that carrying a gun somewhere that seems ordinary can result in serious criminal charges. The consequences of a weapons charge in Texas can be severe, and not knowing the law can’t be used in your defense. If you are facing a firearm charge in 2026, the Houston criminal defense lawyers at Murphy & McKinney Law Firm, P.C. can help you understand what happened and fight for the best possible outcome.

What Did Texas Law Change About Carrying Firearms in 2021?

In 2021, Texas passed what is commonly called the Constitutional Carry law. Under Texas Penal Code Section 46.02, most Texans who are 21 years of age or older and are not otherwise prohibited from possessing a firearm can carry a handgun in a holster without a license to carry.

This was a significant change. But it did not make it legal to carry a firearm everywhere. The list of prohibited locations remains lengthy. Carrying in those places is still a criminal offense regardless of whether you have a license to carry or not.

What Public Places Are Off-Limits for Carrying a Firearm in Texas?

Texas law prohibits carrying firearms in several specific locations. Some of these are obvious. Others catch people off guard.

Under Texas Penal Code Section 46.03, it is illegal to carry a firearm in the following locations:

• Schools and school-sponsored activities, including elementary schools, high schools, colleges, and universities
• Polling places on election day or during early voting
• Courts and court offices
• Racetracks
• Secured areas of airports
• Within 1,000 feet of a place of execution on the day of execution
• Hospitals and nursing facilities unless you are a patient or a resident
• Amusement parks
• Places of worship, such as churches, synagogues, and mosques, unless the organization gives permission

Carrying in any of these locations is a third-degree felony in most circumstances and can carry some severe penalties.

Can Businesses Prohibit Firearms on Their Property in Texas?

Private businesses and property owners have the right to prohibit licensed carriers from bringing firearms onto their premises. They do this by posting specific legally required signs or by giving verbal or written notice.

If a business has posted the proper signage and you carry a firearm onto the property anyway, you can be charged with a criminal offense. Many businesses, restaurants, bars, and entertainment venues post these signs. Always look for them before entering with a firearm.

Is It Legal to Carry a Firearm in a Bar or Restaurant That Serves Alcohol in Texas?

Under Texas Penal Code Section 46.035, it is illegal to carry a handgun in a bar or the bar area of a restaurant if more than 51 percent or more of the business's income comes from the sale of alcohol. These establishments are required to post a specific sign indicating the 51 percent rule applies. Even if you are not drinking, carrying in a 51 percent establishment is a criminal offense.

Are There Federal Locations Where Carrying Is Also Prohibited?

Even if Texas law would otherwise permit you to carry, federal law prohibits firearms in certain locations regardless of state law. Federal buildings and federal courthouses are off-limits. Post offices prohibit firearms on their property. Veterans Affairs facilities prohibit firearms. And military installations have their own rules that generally prohibit civilian firearms.

Carrying a firearm in a federal facility in violation of federal law can result in federal criminal charges, which carry their own significant penalties separate from any state charges.

What Happens if You Are Caught Carrying in a Prohibited Location in Texas?

The consequences of carrying in a prohibited location depend on where you were carrying and the specific circumstances involved. Some prohibited location offenses are misdemeanors. Others are felonies. And the penalties can be compounded if other factors are present, such as carrying while intoxicated or carrying a weapon that is itself prohibited. Either way, our attorneys can help you fight the charges.

Contact Our Houston Unlawful Carrying of a Weapon Defense Attorneys

If you are facing a weapons charge, you need a legal representative who understands these cases inside and out and will fight hard for you at every stage of the process. Attorney Doug Murphy serves as President of the Harris County Criminal Lawyers Association, reflecting his standing as one of Houston's most respected criminal defense attorneys.

Contact the Houston criminal defense lawyers at Murphy & McKinney Law Firm, P.C. by calling 713-229-8333 to discuss your case today.