Texas Permitless Carry: What Changed in 2021 and What Can Still Get You Arrested

Texas HB 1927 made Texas one of the most permissive states in the country for gun carry rights. But “permitless carry” is not “carry anywhere.” The same law that removed the permit requirement left in place — and in some cases tightened — the rules about who, where, and how. Getting those wrong is still a felony.

What HB 1927 Actually Changed

Before September 1, 2021, carrying a handgun in public in Texas required a License to Carry (LTC) issued by the Texas Department of Public Safety. The LTC required a background check, a training course, and a shooting proficiency demonstration. Carrying without that license — even by someone with a clean record — was Unlawful Carrying of Weapons (UCW), a Class A misdemeanor.

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HB 1927 eliminated the license requirement for most Texans 21 years of age or older who are not otherwise prohibited from possessing a firearm. Under the new law, an eligible person can carry a handgun — loaded, concealed or openly — in most public places without a permit, a training course, or any state registration.

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What it did not change: the underlying federal and state law that determines who is eligible to possess a firearm at all. The new law removed the permit requirement. It did not change who is allowed to have a gun.

Who Still Cannot Carry Under the New Law

The most common misconception about HB 1927 is that it applies to everyone. It does not. The following categories of people remain prohibited from carrying — and carrying while disqualified is a serious criminal offense:

• Convicted felons — any felony conviction under Texas or federal law permanently prohibits firearm possession and carry
• Persons convicted of a Class A misdemeanor domestic violence offense — including a finding of family violence, even if the actual sentence was minor
• Persons under an active protective order related to domestic violence, stalking, or child abuse
• Persons charged with a domestic violence offense who are subject to an active restraining order
• Unlawful drug users — persons currently using illegal drugs cannot carry even under the new law
• Persons adjudicated as mentally defective or involuntarily committed to a psychiatric facility
• Non-citizens who are unlawfully in the United States or are here on a nonimmigrant visa (with limited exceptions)
• Persons who have renounced U.S. citizenship
• Fugitives from justice
• Persons with dishonorable discharge from the armed forces

For persons in any of these categories, the new law offers no protection. Carrying a firearm is still UCW — and the penalties range from Class A misdemeanor to third-degree felony depending on the circumstances and criminal history.

Where Carrying Is Still Prohibited — Regardless of HB 1927

Texas Penal Code § 46.03 lists specific locations where firearms remain prohibited regardless of the new permitless carry law. Carrying in these locations is a criminal offense:

• Schools and educational institutions
• Polling places during elections
• Courts and court offices
• Bars and 51% establishments
• Churches and houses of worship (without permission)
• Hospitals and healthcare facilities
• Amusement parks
• Government buildings and offices
• Correctional facilities
• Professional sporting events
• Public transit (airport security areas)
• Properties with valid 30.06/30.07 signs

The 30.06 and 30.07 Signs: A Defense Worth Understanding

Private property owners and businesses can prohibit firearms by posting signs under Texas Penal Code §§ 30.06 (concealed carry) and 30.07 (open carry). If a valid sign is posted, entering the premises with a firearm is a criminal offense — Class A misdemeanor for the first notice, third-degree felony if you refuse to leave after being verbally warned.

The word “valid” is critical. Texas law requires these signs to meet specific technical requirements. If a sign fails to meet any of these requirements, it has no legal force — and entering with a firearm is not a crime.

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Requirements for a Legally Valid 30.06 / 30.07 Sign

• Must contain the exact statutory language prescribed by law — word for word
• Must appear in both English and Spanish
• Must use contrasting colors with block letters at least one inch in height
• Must be displayed in a conspicuous manner clearly visible to the public at each entrance to the property
• Defense implication: A sign that uses different language than the statute requires, is too small, lacks Spanish text, or is not at the main entrance may be legally invalid — making a resulting UCW charge potentially dismissible.

The 364-Day Rule — One Day That Changes Everything

This is not widely known outside the legal community, but it has life-changing consequences for anyone facing a weapons charge where their criminal history is a factor.

Under federal immigration law (and in other contexts), a sentence of one year or more — even if fully suspended — can trigger “aggravated felony” status with permanent immigration consequences.

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A sentence of 364 days does not. For this reason, defense attorneys in UCW and related weapons cases where a client faces a potential felony negotiate specifically to keep any imposed sentence at 364 days maximum.

This one-day difference means nothing under Texas criminal law — but it means permanent deportation versus remaining in the country for a non-citizen defendant. An attorney who doesn’t know to ask for it isn’t providing adequate representation in a crimmigration-affected case.

The Federal Layer: When a Texas Weapons Charge Becomes a Federal Crime

State and federal weapons charges can run simultaneously. A person who is prohibited from possessing a firearm under federal law — 18 U.S.C. § 922(g) — can be prosecuted federally for the same act that generates state charges. Federal prosecution often occurs when a state case involves drug trafficking charges, violent crime charges, or a defendant with significant prior criminal history.

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The federal charge of using a firearm in connection with a crime of violence or drug trafficking — 18 U.S.C. § 924(c) — carries mandatory minimum sentences of 5 to 30 years that must be served consecutively to any other sentence. These mandatory minimums cannot be reduced regardless of the circumstances.

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If you were arrested with a firearm and also charged with any drug offense: the federal § 924(c) charge is a real possibility regardless of what the initial state charge says. Your attorney needs to assess the federal exposure immediately — before any plea is entered at the state level.

What to Do If You’ve Been Charged with UCW in Houston

The most important thing to understand about UCW and related weapons charges in Harris County is that many of these cases have defensible issues that only surface under careful legal examination. Was the stop that found the weapon lawful? Was the search constitutional? Did the business actually have a valid 30.06 sign? Was the weapon in a location accessible to multiple people in a vehicle?

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These are not abstract legal questions — they are the factual and legal foundations on which cases are won or dismissed. An experienced criminal defense attorney examines all of them from the moment of retention.