Myth and Reality of Self-Defense Law in Texas

By Rob Morse

Gun Barrel
Myth and Reality of Self-Defense Law in Texas
Rob Morse
Rob Morse

Southern California –-(  Some states believe in big government.

These states regulate and weaken their citizens.  We think of the north east and the “Left Coast” as prime examples.

Their reputation has some basis in fact.  In contrast, some states say they trust their citizens.  They say they believe in freedom and responsibility.  Talk is cheap.. and sometimes reputations are misleading.  Texas has some terrible gun laws.

The right of armed self-defense suffers where there is one party rule, be they Republicans or Democrats.  Here are the simple examples, the low hanging fruit, where Texas gun laws can easily improve  if  the Republicans step up.

Sure, Texas has a Hollywood reputation of self-reliance and self-defense.  That is what we learned from the old black-and-white westerns.  Unfortunately Hollywood movies are not real despite what you see on your smart phone.  Much of what we believe about Texas is a myth.  In contrast, the states of Massachusetts, New York, New Jersey, Maryland, Illinois and California are known for their anti-gun bigotry.  Let’s see how the states compare.

Let me lay down my cards and show you my evidence.  The free state of Texas might let you carry a concealed firearm at your place of business.  I said they might.  You can conceal the tools of armed self-defense in Texas.. unless your business is to heal the sick or heal the soul.  Texas concealed carry law effectively prohibits trained and licensed concealed carry holders from carrying in hospitals, in nursing homes, and in churches.  Hospitals are required to post signs prohibiting carry.  Churches may exclude concealed carriers with a sign.  Unfortunately, the type of sign is not defined in law or court cases.  Most concealed carriers won’t carry at church so they can avoid the legal problems that can come from a brush with the law.

Now let’s look at the anti-gun states.  Massachusetts, New York, New Jersey, Maryland and California do not prohibit concealed carry in churches or hospitals.  Illinois prohibits concealed carry in hospitals but it does not prohibit carry in churches.  In short, other states have better laws for some aspects of concealed carry.  So much for the myth of the shining lone star state!

Some states prohibit firearms and then allow exceptions.  That means gun owners are guilty until proven innocent. New Jersey is a prime example.  Texas does the same thing when it outlaws sound suppressors on firearms.  Texas law then says the state won’t convict you if you can prove you purchased these items legally.  Did you know it is illegal for a Texas gun store to show sign of a handgun in their shop window?  Unfortunately, law abiding Texas gun owners have been arrested and prosecuted under these laws.  All it takes is an anti-gun prosecutor, and they exist.. even in Texas.  A few corrupt government officials are with us everywhere.

What kind of weak kneed Texas legislator signed on to those restrictions and why haven’t they been fixed in all these years?  Today, Republicans outnumber Democrats almost two to one in the Texas legislature.  The Republican majority in Texas didn’t start last week.  Republicans have outnumbered Democrats in the Texas legislature since 1999.  Texas Republicans can’t find the votes to free honest Texas gun owners from the threat of prosecution despite the long Republican tenure as the majority party.

Firearms owners have grown used to abuse in New Jersey and California.  They should expect better in Texas.  I want Texas to shine as a beacon of freedom.  Unfortunately, the mantle is a little dirty.  Those are the facts.

It is time for Texas gun owners to visit their legislators until Texas lives up to its reputation.

About Rob Morse: By day, Rob Morse works as a mild mannered engineer for a Southern California defense contractor. By night he writes about gun rights at Ammoland, at Gun Rights Magazine, Clash Daily and on his SlowFacts blog.   He is a combat handgun competitor and NRA basic pistol instructor.

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Adam Alford

Rob is right if you check the law its says you can’t carry in those places ifb they have a sign posted and in those specific places it does not have to be a 30.06 sign. I carry in texas every single day. I have read the laws over and overv again.

Another Eric

The politest thing one can say about the argument that somehow concealed carry laws in Texas are no better than NJ, NY, etc is it is … absurd. Specifically to the subject of licensed concealed carry at a place of business,Texas law permits concealed carry on the property of any private business or institution that does not make more than 51% of its income from the sale of alcoholic beverages for consumption on the premises, unless the business or institution gives effective notice via a sign that meets all the requirements of Section 30.06, hands you a document with the… Read more »


In Alaska we go through alot to carry , we zigzag past the wife , open the safe , retrieve the favorite carry , dodge the honey do list. Grab some ammo scoot out the backdoor so the wife doesn’t see us leave , off to our favorite places.


Good luck getting that carry permit in N.J. If your not a politician or rich and famous, its not going to happen.


Well, it looks like some other Texans got here before me to correct most of the misinformation in Rob’s article. There is one other point I’d make though: while it may be true that states like Illinois don’t prohibit carrying in certain places like churches, it doesn’t really matter any, because they effectively prohibit carrying at all, anywhere! Until the latest change was forced on them this year by the SCOTUS you couldn’t get a concealed carry license in Illinois to save your life (Literally!).


I noticed that Dean Weingaten says,..”Good article Rob” ! I wonder what part of the article Mr.Weingarten enjoyed most,the lies about Texas he started the article with or the closing lies ? I guess it could be the lies somewhere in the middle of the article too,who knows.I guess Rob thinks he has some kind of poetic license when it comes writing articles on firearms law myths/reality in Texas,who knows. He is from California where lying is SOP,but native Texans will fight at a drop of the hat if you put down or lie about Texas !

TSgt B

Not only “native Texans” will fight for Texas! I may be a “transplant”, but I came here by choice, and I will stand with my fellow Texans until DEATH! God Bless Texas! Just because I adopted Texas as my home doesn’t mean I won’t defend her!


Welcome to TEXAS TSgt. from SSgt. (retired). We Texan’s will do what ever it take to keep our Lone Star State. the way it is.


@Rob,how are your gun laws out in California doing ? Help us out with ‘myth and reality’ in Feinstein,Pelosi and Boxers home state ! When do you expect full/total confiscation laws to take effect ? Keep us all updated,we’re just giddy with excitement about the ‘myth and reality’ in Calif.gun laws !


I don’t know where/how/if Ammoland screens the people who write these ridiculous,non-factual,complete shit articles,but they need to change something for sure. Its really insulting to have to read this shit when you know thats all it is,..shit ! I mean they (these story tellers) could at least do some ‘minimal research’ on what they are trying to write about ! If I want to hear more lies and bullshit, I will listen to Obama and his pack of traitors !


So now Weingarten chimes in and is an expert on Texas law too ? I think it’s support for Morse’s bad information more than anything. I don’t really know what was bad about Texas gun laws until ’94 (normal in comparison to every other state,..exception Fl who got CCW passed in ’87) ! I went to the range and shot often and carried a Colt 38 SP in my pickup everywhere I went. I would conceal it on my person when I had to. (99.9% of LE just looked the other way.) Then as now,criminals had weapons regardless of laws,license,permits,whatever,… Read more »


“Texas does the same thing when it outlaws sound suppressors on firearms. Texas law then says the state won’t convict you if you can prove you purchased these items legally.”

Again misinformation. Texas does not prohibit the use of suppressors under Sec. 46.05(a)(4)(c) of the Texas Penal Code. They only require they are NFA complainant. Texas also allow suppressors during hunting. Your understanding of Texas law is flawed to say the least.

Aaron Heath

Texas Penal Code 46.035(b) does place those locations off limits. However 46.035(i) requires that notice be provided under Texas Penal Code Section 30.06 for that prohibition to actually exist. The 51% sign Hospitals are required to post does not meet that qualification. Additionally the signage required to give notice under TPC 30.06 is very specific and very well defined by law. The article is only propagating myths, not dispelling them.

TSgt B

The “51%” sign only applies to alcohol-serving establishments.


You are correct.

Dean Weingarten

Good article Rob. Texas had terrible gun laws until 1994. They were ruled by Democrats from 1876 until then. The genesis of their bad law comes form losing the War Between the States, or the Civil War, whichever you prefer. The carpetbagger government changed the Texas Constitution to effectively eliminate the right to arms, which was very strong in Texas. Texas was the only state that extended the right to bear arms to slaves. The Constitution was changed back in 1876, but the right to arms was only partially restored. The Republican Party says they will work to fully restore… Read more »


Rob, Not sure where you get your info or where you check your facts, but you are pretty far off on most, if not all points in your article. I am CCW in NY (no easy task) as well as numerous other states. I regularly carry when in Texas and make it my business to know where and when I may or may not be armed. Texas may not be CCW utopia but it is certainly closer to where we, as law abiding Americas should find ourselves legislatively than most other places. Texas is a bright light and breath of… Read more »


This Morse clown talks about ‘facts’ with Texas gun laws ?.. Uh ..huh ! This moron is in Kali talking about gun laws in Texas ?,…80% incorrect too ! Write about that shithole you call home and stay away from Texas !


Rob,you’re a fuc*ing idiot who should had checked your facts before spewing this bullshit ! I have no idea where you are from,and could care less,but I know for a fact it aint Texas !


Rob, you must be talking about your Texas, not mine. I have been certified by Texas for the past 12 years to conduct the class needed to obtain a Texas Concealed Handgun.License and at no time have Texas laws been as you believe them to be. Texas Penal Code 30.06 clearly defines what an exclusion sign looks like and it is that sign that would prevent holders from entering a church or hospital carrying their handgun, not state law. It is the owner of an establishment that prohibits entry, not the state law. You may carry into any church or… Read more »


Sorry Rob. You must be confusing your Texas with my Texas. You are wrong on every count.
It is illegal to carry in hospitals, nursing homes and churches only if that establishment posts a sign as defined in Penal code 30.06. These signs can be used to exclude concealed licensees from any establishment, not only churches or hospitals, and is clearly defined in Texas Penal Code 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. It is not the law that is excluding concealed carriers, but rather the business owners themselves.


Look at the dateline…………Southern California, Nuff said.