“He’s Got a Gun!” | Texas

The following is a video transcript.

Imagine this scenario: You’re in a store minding your own business when you reach up and grab an item from the top shelf. The person next to you seems startled and afraid. You realize that your legally concealed carry handgun is showing because your shirt came up above your waistband.

What do you do now? Have you broken the law?

Concealed carry with a valid License to Carry is legal in Texas, and there is no specific way a concealed carry gun must be carried, as long as it is completely concealed on or about your person. In other words, your handgun cannot be in plain view based upon ordinary observation. If a license holder’s concealed handgun becomes unconcealed inadvertently, and it is not carried in a belt or shoulder holster such as by flashing or printing, the license holder is not breaking the law.

Open Carry vs. Concealed Carry

Texas law provides that a person must intentionally display his or her handgun in a public place to another person to be guilty of unlawfully carrying a weapon by a license holder. However, if while carrying your handgun license, you intentionally display your handgun, also known as “open carry” here in Texas, the firearm must be carried in a belt or shoulder holster. In either case, whether carrying open or concealed, we as responsible gun owners must be on the lookout for 30.06, 30.07, and 51% signs.

Prohibited Places

Effective notice under 30.06 means that you cannot concealed carry in or on the premises. Effective notice under 30.07 means that you cannot open carry in or on the premises. Effective 51% notice, on the other hand, means that the location generates 51% or more of their revenue from the sale of alcohol for consumption on the premises. You’ll likely see these types of signs posted at a bar or lounge. Generally, if a location is not a prohibited place, and you’ve not been given effective notice as just discussed, then you can legally carry in that place.

How Do I Respond?

Let’s go back to the scenario we talked about earlier. If your concealed handgun becomes visible by accident—let’s say you lift your arm up and the gun shows, or the wind blows causing the gun to become visible—that is perfectly fine. But what you must avoid when carrying your concealed handgun pursuant to your License to Carry, is purposefully showing your handgun when it is not being carried in a belt or shoulder holster. You cannot control how other people in the community are going to respond to seeing your concealed carry gun. If for some reason your gun accidentally shows, it is best to stay calm. Do not reach for the gun, and politely say that you have a License to Carry.

Remember, as long as your firearm is concealed, you have a valid License to Carry, and you’re not in a place you’re prohibited from carrying, you have not done anything wrong. If you have any questions about carrying a concealed handgun or any other gun questions, call Texas LawShield and ask to speak to an Independent Program Attorney.

First Aid for Gunshot Wounds 2A Institute

Comment section

11 comments on ““He’s Got a Gun!” | Texas

  1. I understand the a sign displayed saying 30.06 and 30.07 limit my ability to carry within the establishment. But how am I to respond to sign simply saying “51%” on the door?

  2. Constitutional carry would solve that problem.

  3. Good summary, but some items are left hanging. You explained the rules surrounding 30.06 and 30.07, but the article does not explain the rules for the 51% notice?

    Also, what does the following mean “….and it is not carried in a belt or shoulder holster such as by flashing or printing.”?

    Can you please clarify these?

  4. Thank you for articles like this one, I am always learning new things about concealed carry.

  5. You missed an opportunity to inform people about one sign being displayed but not the other. For instance, if a 30.06 sign is posted but no 30.07, then open carry is lawful while concealed carry is not. Or if 30.07 is posted but no 30.06, then concealed carry is the legal way to carry on that premise.

  6. Isn’t Texas an open carry state with an conceal carry permit?

  7. What about a pocket holster(sig 365/ vedder holster)? It does not have a belt and it is not shouldered holster.

  8. What about if a small sign not really visible and noticeable and not 30.06 or 30.07 but says no weapons allowed in the premises and you enter the establishment would you be in violation of any law? Is there a legally accepted size and location of a 30.06 and 30.07 signs?

  9. Amado, only 30.06 and .07 sogns are a legal way of prohibiting carry. Any other sign (except a 51% sign) is not a lawful notice. The legal signs have to be clearly visible with 1” tall letters to be legal.

  10. If a 30.06 sign is present concealed carry is prohibited but generally you can assume open carry won’t be tolerated there either.

    However if open carry is prohibited it is implied concealed carry is allowed.

    Additionally it should be added that regardless of a sign a property owner of manager has the right to demand you leave if you have a weapon. And if you refuse to do so you commit trespassing with a firearm.

    You do not commit a violation upon enter as you lacked prior information but you do not have the right to argue that the lack of sign permits your carry if you’re confronted.

  11. Would like to know the legality like others have asked about poclet carry without belt clips or loops.

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