Open carry is the practice of carrying a firearm in public in a manner in which it is visible—as opposed to concealed carry, which is carrying a firearm in public in a manner in which it is concealed from the view of others. For example, a person may open carry by carrying a handgun in a shoulder or belt holster or by carrying a long gun (rifle) on a sling across their shoulder.
Open carry laws vary from state to state—including who is eligible to open carry. For example, persons who may be prohibited by state law from openly carrying a firearm include (1) persons who have been convicted of a felony criminal offense; (2) persons who have been convicted of domestic violence; (3) persons who have been committed to a mental or psychiatric institution; (4) persons with a history of drug or alcohol abuse; and (5) persons who have been dishonorably discharged from the military.
Open carry laws also vary from state to state on whether an openly carried firearm may be loaded, and on what constitutes a loaded weapon. For example, some state laws define a loaded weapon as one having a bullet or round in the firing chamber—and other state laws define a loaded weapon as a person having both the firearm and the ammunition in their possession or readily accessible—even if there is no round or bullet in the firing chamber.
Some states and jurisdictions prohibit the open carry of handguns but not of long guns (rifles or shotguns). Some states require a license or permit to open carry and some states do not require a license or permit. And some states limit open carry to private property.
State open carry laws generally fall into one of five categories:
• Permissive open carry—citizens may open carry without a license or permit unless they are in one of the categories of prohibited persons (see above).
• Permissive open carry with local restrictions—generally allow open carry without a license or permit, but there may be restrictions on citizens who do not have an open carry license or permit.
• Licensed open carry—citizens may open carry with a license or permit unless they are in one of the categories of prohibited persons (see above)—including on foot and in a motor vehicle—although some local authorities in these states or jurisdictions rarely if ever grant open carry licenses or permits to citizens.
• Anomalous open carry—open carry is generally prohibited—except in unincorporated, sparsely populated, and often rural areas in which local authorities have passed laws or ordinances allowing open carry with a license or permit.
• Nonpermissive open carry—open carry is prohibited, or is so rarely allowed that it is effectively prohibited—with open carry only allowed when hunting or traveling to or from hunting locations, or while on the citizen’s private property, or for self-defense.
Restricted Premises
Although an open carry license or permit generally allows a license or permit holder to openly carry a weapon in public places, there are some properties, facilities, or businesses in which a state, municipality, or other government authority may restrict the carrying of a firearm—whether concealed carry or open carry. Some examples of these properties include:
• Federal government facilities—post offices, federal court buildings, IRS offices, Veterans Administration (VA) hospitals and facilities, military facilities, Amtrak trains and facilities, Army Corps of Engineers-controlled property. Concealed or open carry of a firearm on land controlled by the federal Bureau of Land Management—federal parks and wildlife reserves—is legal (subject to state law), but concealed carry in restrooms or other buildings or structures on such property is prohibited.
• State and local government facilities—courthouses, police stations, correctional facilities (jails and prisons), Department of Motor Vehicles (DMV), Department of Transportation (DoT)—sometimes with exceptions for judges, lawyers, and government officials.
• Businesses that sell alcohol—many states have laws that prohibit the concealed (or open) carry of a weapon into bars, restaurants, or other establishments that serve alcohol—even with a concealed carry license or permit, and even if the license or permit holder is not drinking alcohol.
• Churches—most states allow concealed carry of weapons in churches and other places of worship—although some require permission from the pastor, religious leader, church, or place of worship. Only two states—Louisiana and Nebraska—prohibit concealed carry in churches and places of worship. Open carry may be permitted under state law—but in some states open carry is not permitted if calculated to cause alarm in others.
• Hospitals and nursing homes—many states have laws that prohibit the concealed (or open) carry of a weapon on the premises of licensed hospitals and nursing homes—and require such facilities to post signs giving persons notice that weapons are prohibited.
• Schools—elementary schools, secondary schools, colleges, and universities. Some states and municipalities prohibit firearms within a certain distance (such as 1,000 feet) of schools, but some states and municipalities only prohibit firearms within buildings or structures on school grounds and allow concealed carry for the limited access needed to drop-off students. Colleges and universities have policies for open carry on campus (known as campus carry) and these vary from school to school and state to state.
• Mass transit—mass transit vehicles and facilities (buses, trains, subways) may limit or prohibit weapons—check with the local transit authority.
• Airport security areas—*firearms are generally prohibited at airports beyond security screening checkpoints. *You may transport unloaded firearms in a locked hard-sided container as checked baggage only. *Declare the firearm and ammunition to the airline when checking your bag at the ticket counter. *The container must completely secure the firearm from being accessed. *Locked cases that can be easily opened are not permitted. *Be aware that the container the firearm was in when purchased may not adequately secure the firearm when it is transported in checked baggage. *When traveling, comply with the laws concerning possession of firearms as they vary by local, state and international governments. *If you are traveling internationally with a firearm in checked baggage, please check the U.S. Customs and Border Protection website for information and requirements prior to travel. *Declare each firearm each time you present it for transport as checked baggage. *Ask your airline about limitations or fees that may apply. *Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. *As defined by 49 CFR 1540.5 (Code of Federal Regulations) a loaded firearm has a live round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted in the firearm. *Only the passenger should retain the key or combination to the lock unless TSA personnel request the key to open the firearm container to ensure compliance with TSA regulations. *You may use any brand or type of lock to secure your firearm case, including TSA-recognized locks. *Bringing an unloaded firearm with accessible ammunition to the security checkpoint carries the same civil penalty or fine as bringing a loaded firearm to the checkpoint. *Firearm parts, including magazines, clips, bolts and firing pins, are prohibited in carry-on baggage, but may be transported in checked baggage. *Replica firearms, including firearm replicas that are toys, may be transported in checked baggage only. *Rifle scopes are permitted in carry-on and checked baggage. *Ammunition is prohibited in carry-on baggage but may be transported in checked baggage. *Firearm magazines and ammunition clips, whether loaded or empty, must be securely boxed or included within a hard-sided case containing an unloaded firearm. See the requirements governing the transport of ammunition in checked baggage as defined by 49 CFR 175.10 (a)(8). *Small arms ammunition (up to .75 caliber and shotgun shells of any gauge) must be packaged in a fiber (such as cardboard), wood, plastic, or metal box specifically designed to carry ammunition and declared to your airline. *Ammunition may be transported in the same hard-sided, locked case as a firearm if it has been packed as described above. *You cannot use firearm magazines or clips for packing ammunition unless they completely enclose the ammunition. *Firearm magazines and ammunition clips—whether loaded or empty—must be boxed or included within a hard-sided, locked case. *Check with your airline for quantity limits for ammunition.
• Nongovernment facilities with increased security—banks, nuclear plants, power plants, oil and gas production facilities, factories.
• Professional sporting events—stadiums and arenas—although open carry restrictions may only apply for a period of time before, during, and after an event.
• Amusement parks—amusement parks and theme parks often prohibit weapons on the premises—whether concealed carry or open carry. These facilities are generally located on private property and therefore entry is subject to restrictions placed by the owner or lessee.
• Aircraft, ships, taxis, and other common carriers—weapons on aircraft, ships, taxis, and other common carriers are generally prohibited by federal, state, and local laws and regulations—with few exceptions for security personnel. A person on a private aircraft, ship, or boat may be able to lawfully open carry a weapon if in compliance with state and local laws—and regulations of airports, docks, harbors, or other places. Taxi drivers and ride-share drivers (Uber, Lyft) may be prohibited from openly carrying a weapon by state or local laws or regulations, by their employer’s policies, or the terms and conditions they agree to when signing up to drive (Uber, Lyft).
• Posted Private property—where the owner or lessee of the property has posted a sign or verbally stated that firearms are not allowed on the property.
• Public places while under influence of alcohol or drugs—it is usually a crime under state law to possess a firearm while under the influence of alcohol or drugs—including prescription medications—and not within the scope of a license or permit for concealed carry.
• Political event venues—voting or polling places, rally locations, debate locations, parade locations.
Opt-Out Statutes/Gun-Free Zones
Some states have laws that allow private businesses to post a sign prohibiting the possession of a weapon on the premises. These laws vary from state to state—including the language required on the sign—and in some states the violation of such a gun-free zone is grounds for revocation of the offender’s license or permit and prosecution for a related crime. But in other states the offender may only be subject to a simple trespass charge or may be banned from the premises for some period of time.
Federal Gun Free School Zones Act
The federal Gun Free School Zones Act prohibits a person from possessing a firearm within 1,000 feet of a place a person knows or has reasonable cause to believe is a K-12 school (public, private, or parochial). See 18 U.S.C. §921. A state nullification statute (prohibiting local law enforcement from enforcing federal firearms laws) and state open carry licenses and permits may mean this federal law is rarely enforced—though it is enforceable.
Brandishing
Brandishing a firearm is a criminal offense (crime) in most states or jurisdictions. The definition of brandishing varies among states and jurisdictions but generally involves pointing or exhibiting a firearm in a rude, angry, or threatening manner in the presence of another person and while not acting in self-defense. For example, openly carrying a handgun or long gun in your hands in public may constitute brandishing a firearm.
In Texas, open carry is legal for individuals who possess a License to Carry (LTC). This allows the open carrying of a holstered handgun, but it does not apply to long guns (rifles or shotguns), which can be carried openly without a license as long as it is done in a manner that is not calculated to cause alarm. Certain individuals are prohibited from carrying firearms, including those with felony convictions, domestic violence convictions, certain mental health adjudications, and those with dishonorable military discharges. Texas does not require firearms to be unloaded while being openly carried. However, there are locations where carrying firearms is restricted or prohibited, such as schools, government buildings, establishments that serve alcohol, and private property where owners have posted signs prohibiting firearms. Violating these restrictions can result in criminal charges and the revocation of the LTC. Additionally, brandishing a firearm in a threatening manner is a criminal offense in Texas.
