September 17, 2025

Bottom Line: It depends on how you carry your gun. If you have an LTC (License to Carry), you must tell police when they ask for your ID. This is required by Texas Government Code § 411.205. If you carry under constitutional carry, you don’t have to tell them unless they ask you directly about weapons.

Since September 2021, most Texas gun owners can carry without a license. But the disclosure rules are different for everyone.

The Two Ways to Carry in Texas

LTC (License to Carry) Holders

  • You MUST tell police when they ask for your ID
  • This is the law under Texas Government Code § 411.205
  • If you don’t tell them, you could lose your license
  • About 1.6 million Texans have these licenses

Constitutional Carry (No License)

  • You don’t have to tell police anything unless they ask
  • You must answer honestly if they ask about weapons
  • You can’t get in trouble for not volunteering the information
  • This applies to eligible Texans who are 21 or older

Most gun owners in Texas now carry under constitutional carry. This means most people have no duty to inform police about their guns.

Traffic Stops for Constitutional Carry

If you carry without a license, you have zero legal obligation to tell the officer about your gun.

Many constitutional carry people choose to tell officers anyway. It can make the officer feel safer. But legally, you don’t have to.

Other Police Encounters

Police Coming to Your House

  • Same rules apply when officers ask for your ID at home
  • Constitutional carry gives you more privacy at your own property
  • LTC holders still have to disclose when asked for identification

DWI Stops

  • Big Problem: Carrying a gun while drunk is a felony in Texas
  • Police will take your gun if you get arrested
  • Your LTC might get suspended during DWI cases
  • You need a lawyer immediately for these cases

Federal Buildings

  • Constitutional carry doesn’t work on federal property
  • Different rules might apply
  • Examples: Post offices, federal buildings, military bases

School Zones

  • Federal Gun-Free School Zone Act makes things complicated
  • You could face worse penalties
  • Disclosure rules might be different from state law

What Happens if You Mess Up

If You Have an LTC and Don’t Tell

  • DPS can take away your license through an administrative review
  • You won’t get criminal charges just for not telling them
  • License problems: You’d have to reapply and take the classes again
  • Makes things harder: Police interactions get more complicated

If You Have Constitutional Carry

  • No penalty for not telling: You can’t get charged for not volunteering information
  • Don’t lie: Lying to police can get you criminal charges
  • Tell the truth when asked: You have to be honest if they ask about weapons

Officer Safety Stuff

  • Police can take your gun temporarily to keep everyone safe
  • They have to give it back before you leave (unless you’re arrested)
  • Being calm and respectful helps reduce tension
  • Cooperating doesn’t mean you give up your rights

When You Need a Lawyer

Get legal help right away if:

  • You get arrested during any armed encounter with police
  • You’re charged with unlawful carrying or weapons violations
  • DPS starts trying to take away your LTC
  • You get DWI charges and had a gun with you
  • Problems happen on federal property or in school zones

Pick the right lawyer:

  • Board-certified criminal law specialists
  • Experience with Texas gun laws
  • Knows the local prosecutors and judges
  • Has handled weapons cases before

Don’t wait: Gun issues and license problems have strict time limits. Call a lawyer immediately if you face any weapons-related charges.

Photo of Guns

Quick Answers to Common Questions

Q: Do I have to tell police I have a gun in Texas?
A: LTC holders yes, constitutional carry holders no (unless asked directly).

Q: Can police take my gun during a traffic stop?
A: Yes, temporarily for safety, but they have to give it back unless you’re arrested.

Q: What if I forget to tell them about my LTC?
A: No criminal charges, but you might lose your license through DPS review.

Q: Should constitutional carry people tell police anyway?
A: Your choice. Many people do it to be nice, but the law doesn’t require it.

Q: What if I lie about having a gun?
A: Lying to police can get you criminal charges. Always tell the truth when asked.

Q: Where can I learn more about Texas gun laws?
A: The Texas State Law Library has official information about carry laws and licensing requirements.

The Bottom Line

Here’s what you need to know:

  • LTC holders must tell police when asked for ID – no exceptions
  • Constitutional carry holders can decide for themselves
  • Everyone has to tell the truth when directly asked
  • All armed citizens should stay calm and respectful with police

The goal is for everyone to go home safe. Whether the law requires it or not, think about how your actions affect both your safety and the officer’s comfort level.

Texas gun laws keep changing. This information is current as of 2025, but always double-check current laws and talk to legal professionals for your specific situation. You can find the most up-to-date information at the Texas State Law Library gun laws guide.

Need Legal Help? We’re Here for You

If you’re facing any gun-related legal issues in Texas, don’t handle it alone. The Napier Law Firm has years of experience helping Texans with firearms cases, LTC problems, and weapons violations.

Whether you’re dealing with disclosure issues, license revocation, or criminal charges involving firearms, we know Texas gun law inside and out. We’ve helped hundreds of clients protect their rights and keep their gun privileges.

Call The Napier Law Firm today for a free consultation. We’ll review your case, explain your options, and help you understand exactly where you stand under Texas law. Don’t let a misunderstanding about disclosure laws cost you your freedom or your right to carry.

Your gun rights are too important to leave to chance. Contact us now and let our experienced Texas firearms attorneys fight for you.