Frequently Asked Questions about CHL / LTC in Texas

Do police officers have the right to disarm me?

Yes. If a peace officer reasonably believes a safety risk exists, the officer may disarm you.

Do private property owners have the right to exclude license holders from their property?

Yes. Private property owners may give notice excluding license holders from carrying concealed handguns. If you carry a concealed handgun on posted properly, you can be charged with criminal trespass by a license holder. The charge is a Class A misdemeanor, and if you are convicted, your license will be revoked.

If I am a business owner or manager and do not want guns in my business, what type of sign should I post?

If you want to prohibit license holders from carrying concealed handguns on your property, state law requires you provide notice to potential trespassers, either orally or by posting a sign that says: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 41 1, Government Code (concealed handgun law), may not enter this property with a concealed handgun."

The sign must be written in both English and Spanish in contrasting colors with block letters at least one inch in height, and must be displayed in a conspicuous manner clearly visible to the public. Visit the DPS website at www.txdps.state.tx.us for the specific language and specifications for the sign.

If I drive to a shopping mall that does not permit handguns, will I be allowed to park in the parking lot and leave my gun in the car?

If the parking lot is not posted with the sign described above, handguns may be left in the cars. However, if the sign is posted in or at the entrance to the parking lot, you may not.

Can a license holder have a handgun in the license holder's vehicle in a school parking lot?

A license holder is not prohibited from having a handgun in his or her vehicle in a school parking lot. (School employees should know and comply with their employer's policy on this point.) However, it is a criminal offense for any person who is on school property to exhibit, use, or threaten to exhibit or use a firearm. See Texas Education Code 37.125(a).

If my handgun is on the seat beside me, am I still considered to be "carrying?"

Yes. The statute refers to carrying a gun "on or about" your person. Texas courts generally have considered this to include any gun within your reach, including one stored in your glove compartment or even in a passenger's purse, if you can reach it without materially changing your position.

Can I carry a handgun without a license while driving or traveling in a motor vehicle?

Effective September 1, 2007, a person who can legally possess a firearm may possess or carry a handgun in a motor vehicle (including a recreational vehicle with living quarters) that is owned by or under the lawful control of the person. However, the firearm must be concealed, the person may not be engaged in criminal activity, and may not be a member of a "criminal street gang." The person may also carry the handgun to and from his vehicle without a license. See Texas Penal Code 46.02 (a). However, DPS recommends that you seek the advice of an attorney with any questions regarding the unlicensed carrying of weapons.

If I am not carrying my handgun, must I still carry my license?

Under the concealed handgun law, you are only required to have your license with you whenever you are carrying your handgun. However, many license holders choose to carry their license with them at all times.

If licensed, can I carry more than one handgun at a time?

If you can conceal them. The law does not specify or limit the number of guns you may carry.

If my license is revoked, when may I apply for a new license?

You may not apply until the reason of your revocation has not existed for two years. In other words, the revocation of a license brings with it at least two extra years on ineligibility.

Example 1: Your license is revoked on 08/15/2007 because you were subject to a protective order. The protective order expired on 10/15/2007. You may apply on 10/15/2009 if you meet all eligibility requirements.

Example 2: Your license is revoked on 08/15/2007 because you were convicted of a Class B misdemeanor on 04/01/2007. You may apply on 04/01/2014 if meet all eligibility requirements. The misde-meanor conviction itself makes you ineligible until 04/01/2012 (five years after date of conviction); the two extra years of ineligibility that result from the license's revocation make you ineligible until 04/01/2014.

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