As of September 1, 2021, Texas enacted what is commonly referred to as the “constitutional carry” law (House Bill 1927), which allows most Texans who are legally permitted to possess a handgun to carry it openly or concealed without obtaining a license to carry (LTC). That means that under many circumstances, a person no longer faces criminal penalties simply for carrying a handgun without a permit in Travis County, TX, provided all eligibility requirements are met.
But this change does not mean unlimited or unregulated carry. In many cases, carrying a gun without a permit can still result in criminal charges, even if the person is otherwise permitted, when location rules or other restrictions apply.
When Is Carrying Without a Permit Still Illegal in Travis County, TX?
Even under the constitutional carry law, a few scenarios may still result in criminal liability in Travis County, TX:
- Statutory disqualifications: If you have a felony conviction, a recent conviction for certain misdemeanors (for example, assault causing bodily injury or disorderly conduct involving a weapon), or are subject to a protective order, you may still be prohibited from carrying a firearm.
- Prohibited places: Firearms remain banned in specific locations—such as schools, courthouses, secure areas of airports, and private property where the owner has posted lawful signage under Texas Penal Code § 46.03.
- Intoxication rule: A person who is intoxicated is prohibited from carrying a handgun in public except under narrow exceptions like being on their own premises or in their vehicle en route.
- Display rules: If you intentionally display a handgun in a manner calculated to alarm others, you may be charged under disorderly conduct laws.
- “51% establishments” (bars & alcohol-serving venues): For locations where more than 51% of gross receipts come from alcohol, carrying a firearm may be treated more harshly, especially if signage is posted.
So, even though a permit is no longer required for many people, carrying illegally remains a real risk. That’s especially true in Travis County, TX, where local enforcement priorities and prosecutors’ approaches may affect how cases are handled.
What Happens if You Are Charged in Travis County, TX?
If arrested for unlawfully carrying a firearm in Travis County, TX, you may face misdemeanor or felony charges, depending on your status and the location of the offense. Penalties can include jail time, fines, probation, and a criminal record. You’ll go through a process including arrest, bond setting, discovery, pretrial motions, and potentially a trial.
A strong defense might challenge whether you were legally disqualified, whether the location was truly prohibited, or whether the display was intentionally alarming. Local knowledge, negotiating with Travis County prosecutors, and moving to suppress evidence can all play key roles.
Navigating Texas’s evolving gun laws is tricky—and what seems “legal” may have hidden risks. If you’re charged with carrying a gun (with or without a permit) in Travis County, TX, you need experienced criminal defense on your side. The attorneys at Granger & Mueller are well-versed in Travis County’s courts and prosecutors. Contact us today at (512) 474-9999 or online to schedule a complimentary consultation. Let us protect your rights and your future.