Alcohol And Guns: Texas' Stance On Concealed Carry

Texas has some of the simplest gun laws in the US, but it's important to understand the legal boundaries around alcohol consumption and firearm possession. Texas concealed carry laws permit drinking while carrying a firearm, but only if the individual is not intoxicated. Being intoxicated while carrying a firearm can result in criminal charges, fines, and even jail time. Texas law also prohibits carrying a firearm in establishments that derive more than 51% of their revenue from alcohol sales. These laws are in place to ensure the safety of gun owners and the public, as alcohol can impair judgement and increase the risk of accidents.

Drinking while carrying a firearm in Texas

Texas has specific laws governing drinking while carrying a firearm. While it is legal to carry a firearm while consuming small amounts of alcohol, individuals are prohibited from carrying a firearm while intoxicated. Texas law defines "intoxicated" as the state of not having the normal use of mental or physical faculties due to the consumption of alcohol or other substances. This means that even if you are licensed to carry a firearm, you cannot be impaired or above the legal alcohol limit.

The consequences of carrying a firearm while intoxicated in Texas can be severe. Individuals may face criminal charges, have their license revoked, be subjected to fines, or even serve jail time. It is important to note that the legal definition of intoxication does not specify a particular blood alcohol level, so even a small amount of alcohol can potentially result in legal consequences if it impairs your mental or physical faculties.

In addition to the restrictions on carrying firearms while intoxicated, Texas also has laws regarding establishments that serve alcohol. It is illegal to carry a firearm into a bar or any establishment that derives more than 51% of its revenue from alcohol sales. These establishments are required to display signs indicating the "51% rule," and non-compliance can result in significant fines and jail time.

To reduce the risk of legal or safety issues, it is generally recommended to keep your firearm securely stored and out of your possession when consuming alcohol. This ensures that you comply with the law and avoid any potential hazards associated with impaired judgment or negligence while handling a firearm.

While Texas does not require a license to carry a firearm, obtaining an LTC (License to Carry) is highly recommended. The LTC course provides valuable education on applicable laws, safety precautions, and shooting and storage tips. It is essential for gun owners to be knowledgeable about their responsibilities and to prioritize safety when carrying firearms, especially while consuming alcohol.

Texas laws for carrying a firearm in a car

Handgun Visibility and Storage:

Firstly, the visibility and storage of handguns in a vehicle are regulated. If a handgun is partially or wholly visible, it must be in a holster. This requirement has been relaxed, and Texas law no longer specifies the type of holster, allowing for more flexibility. Those aged 21 or older, or those with a License to Carry (LTC), can have their handguns in "plain view" in a holster. For individuals under 21 without an LTC, the handgun must be kept out of sight.

Transportation Requirements:

When transporting firearms in a vehicle, they must be unloaded and stored securely. Ammunition must be kept separate from the firearm and inaccessible from the passenger compartment. If the vehicle lacks a separate compartment, firearms and ammunition must be locked away, excluding the glove compartment or console. Long guns, such as rifles, can be visibly stored, for example, in a gun rack, but this may draw unnecessary attention.

Legal Age and License Requirements:

Individuals aged 18 and older may carry a loaded handgun in their vehicle, but it must be concealed. Those under 18 are prohibited from carrying handguns in vehicles. Texas law also requires individuals to be legally allowed to possess and carry firearms under both state and federal law. This includes meeting age requirements and not having disqualifying convictions.

Alcohol-Related Restrictions:

Texas has specific laws governing alcohol consumption while carrying a firearm. It is illegal to carry a firearm while intoxicated in Texas. While you can possess a firearm after consuming a small amount of alcohol, it is generally advisable to keep your firearm in a safe and secure location when drinking. Additionally, establishments like bars, restaurants, and cafes that derive more than 51% of their revenue from alcohol sales prohibit guns, and violating these restrictions can result in fines and jail time.

Interstate Travel Considerations:

When travelling with firearms across state lines, it is crucial to be aware of the laws in each state you pass through. Some states may have more restrictive gun laws than Texas, and federal law may only provide an "affirmative defence" in certain cases. Always ensure you comply with the laws of the states you are visiting or passing through to avoid legal issues.

Texas laws for carrying a firearm in a bar

Texas has relatively permissive firearm laws, allowing for open or concealed carry in many locations. However, there are limitations on carrying firearms in certain places, including bars.

Firstly, it is important to note that Texas law prohibits carrying a firearm at any place that primarily sells alcohol. This applies to bars as well as restaurants that serve alcohol. If an establishment earns more than 51% of its revenue from alcohol sales, it is considered a "51% location" or a "51% establishment", and guns are not permitted. These locations are usually marked with a red "51%" sign, and carrying a gun into one of these establishments is a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine.

Secondly, Texas law prohibits carrying a firearm while intoxicated. The Texas Penal Code defines "intoxicated" as having diminished mental or physical faculties due to alcohol consumption or the use of any controlled substance. This means that even if you are in a bar or restaurant that earns less than 51% of its revenue from alcohol sales, you cannot carry a firearm if you are intoxicated. If you plan to consume alcohol, it is best to keep your gun in a safe, secure, and legal storage area.

It is important to note that these laws are in place to protect both gun owners and other people. Alcohol can impair your judgment and increase the risk of accidents or negligent discharge of your firearm.

To carry a firearm in Texas, individuals must be at least 21 years old and not restricted from possessing a firearm under federal law, have no prior felony convictions, and have no recent convictions for certain types of misdemeanors. While a License to Carry (LTC) is not legally required in Texas, obtaining one can provide additional benefits and ensure gun owners are educated on applicable laws and safety precautions.

Texas laws for carrying a firearm in a restaurant

Texas has relatively permissive firearm laws, and as of 2021, people who qualify under the law can carry a handgun in public without a license to carry (LTC). Texans can still apply for an LTC, as it may carry additional benefits.

However, Texas law restricts the carry of firearms in places that sell alcohol. Establishments that earn more than 51% of their revenue from alcohol sales are considered bars, and firearms are prohibited in these locations. These establishments are required to post a 51% sign, alerting customers that carrying a firearm on the premises is a felony. Restaurants that do not derive more than 51% of their sales from alcohol are not subject to the same restrictions, and LTC holders can carry their firearms anywhere inside the restaurant, even in the bar area.

It is important to note that Texas law prohibits carrying a handgun while intoxicated. Texas Penal Code section 49.01 defines intoxication as not having the normal use of mental or physical faculties due to the introduction of alcohol or other substances.

Additionally, private property owners in Texas can prohibit the carry of firearms on their premises by posting specific signage at each entrance. This signage must include language similar to "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm" in both English and Spanish, with contrasting colours and block letters at least one inch in height.

While Texas law allows for the carry of firearms in restaurants that do not meet the 51% threshold, individual restaurant owners may opt out of open carry for safety reasons or to make their patrons feel more secure.

Texas concealed carry laws when travelling out of state

Texas has some of the most permissive firearm laws in the United States. Both residents and non-residents who are legally allowed to own firearms can carry their guns in Texas, as long as they meet certain minimal requirements. Texas recognises concealed carry permits from more than 40 other states. However, many states have tighter reciprocity laws, so it is important to check the laws of the state you are travelling to.

Texas Gun Laws

Texas law requires that openly carried handguns must be kept in a holster. Texas LTCs (License to Carry) are issued to both residents and non-residents who are at least 21 years of age (18 if a member or veteran of the U.S. military). They require a four- to six-hour training course, as well as passing both a written exam and a shooting proficiency demonstration. Some areas are off-limits, including racetracks, schools, polling places, courts, and secure areas of airports.

Transporting Firearms in Vehicles

Texas has a host of laws about travelling with guns, including transporting them in vehicles. Non-residents can carry a handgun in their vehicle or watercraft if it is concealed and they are not engaged in criminal activity, prohibited by law from possessing a firearm, or a member of a criminal street gang. The firearm must be in a holster and cannot be in plain view. It should always be unloaded and secured in a case.

Alcohol and Firearms

It is an offence for a person with an LTC to carry a handgun while intoxicated. You can be deemed "intoxicated" if your blood alcohol concentration is 0.08 or more, or if you no longer have normal use of your physical or mental faculties due to alcohol or other drugs.

Frequently asked questions