Legal FAQs
Can I carry a gun in my car?
In Texas, a qualified person can carry a handgun in their car or a car "under the person's control." The handgun may only be in "plain view" if the person is at least 21 years old or has a License to Carry (LTC) and has the handgun in a holster. We have not found any Texas laws that restrict transporting a rifle or other long gun in a motor vehicle.
Who can carry a handgun in a car?
Texas law allows a person to carry a handgun in their motor vehicle or in a motor vehicle "under the person's control." The person must be able to legally carry a handgun under both state and federal law. Please see the Carry of Firearms page of our Gun Laws guide for more information on who can carry a firearm in Texas.
Section 46.02 of the Texas Penal Code makes it a criminal offense to unlawfully carry a handgun in Texas. Subsection (a)(3)(b) provides an exception for those who are:
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
Other laws in the Penal Code further restrict who can carry a handgun in a vehicle:
- Section 46.02 (a-1) (2) prohibits anyone involved in criminal activity from carrying in a vehicle or watercraft.
- Section 46.04(a-1) prohibits a member of a criminal street gang from carrying a handgun in a motor vehicle or boat.
Storing the firearm
Changes made to the law in 2021 allow more people to carry a handgun in "plain view" within the vehicle. The law does require the handgun to be in a holster when it is in "plain view." Texas law does not say what type of holster is required.
Subsection (a-1) of Section 46.02 states:
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster;
Texas law do not say where the gun should be stored in a vehicle or if the gun must be unloaded.
Long guns
We have not found any Texas laws that restrict transporting a rifle or other long gun in a motor vehicle or watercraft.
Crossing state lines
The federal "Safe Passage" law in Section 926A, Title 18 of the U.S. Code allows people to travel with a firearm across state lines. Certain conditions must be met:
- You must be traveling to and from a state where you can legally possess and carry the firearm.
- The firearm must be unloaded.
- The firearm and any ammunition cannot be readily accessible from the passenger compartment.
- If the vehicle does not have a separate compartment from the driver's compartment, the firearm must be in a locked container other than the glove compartment or console.
Some states you pass through may have more restrictive gun laws. In some states, the federal law may only provide an "affirmative defense" to prosecution. Private legal defense company U.S. Law Shield’s article explains this law in more detail and goes over other things to consider when traveling outside Texas with your firearm.
Employer parking lots
Section 52.061 of the Texas Labor Code prohibits an employer from denying an employee the ability to store a firearm in their parked vehicle. This law does not apply to all employers. See Section 52.062 for the list of exceptions.
Section 37.0815 of the Texas Education Code prohibits a school district or open-enrollment charter school from denying an employee with an LTC the ability to store a firearm in their parked vehicle if it is not in "plain view."
Related FAQs and Guides
FAQs
- Do I need a license to carry a handgun in Texas?
- I'm visiting Texas from another state, and I have a license to carry in my home state. Can I carry my gun in Texas?
Guides
Disclaimer: The State Law Library cannot tell you what a law means for your situation. Please contact an attorney for help determining what the law means for you. If you have questions or need help finding resources, please ask a librarian.
Last updated April 22, 2024