Can Texans carry guns at protests? Here’s what the law says about your rights
The recent killing of 37-year-old ICU nurse Alex Pretti at the hands of an ICE agent at a protest in Minneapolis has renewed questions about how gun laws apply at demonstrations.
Pretti was carrying a holstered handgun when agents confronted him during an enforcement operation and shot and killed him. Videos of the encounter have drawn national attention, and it’s also drawn attention to whether or not you can bring a gun to a protest.
With the incident making headlines, many Texans want to understand their own rights. Here’s what Texas law says about carrying a firearm at marches, rallies or other public gatherings.
Can Texans legally carry a gun at a protest?
Yes. Texans can legally carry a gun at a protest.
According to the Texas State Law Library, Texas does not have a statute that bans carrying a firearm in public simply because an event is a protest or rally.
This means the same rules that apply to carrying a gun on a regular day also apply at marches, vigils, rallies and other forms of peaceful assembly.
A protest is treated the same as any other public setting under state law, so long as it is not held in a location where firearms are already restricted.
Speaking Thursday, Jan. 29 at a Garland campaign event where he did not mention Pretti or Renee Nicole Good, Texas Gov. Greg Abbott voiced his support for protestors carrying guns, according to reporting from the Dallas Morning News.
“Our law is that you get to open carry, and there are protests and other activities that occur all the time when people are carrying guns and doing so lawfully,” Abbott said at the event.
What types of guns can be carried at a protest in Texas?
According to the Texas State Law Library, most adults 21 or older who are not restricted by state or federal law may carry a handgun in public without a license to carry.
This applies whether the handgun is carried openly or concealed, although open carry still requires it to be in a belt or shoulder holster.
Long guns work differently. State law does not require a license to openly carry rifles or shotguns in public, and there are no holster or training requirements for carrying them.
These distinctions apply in all public spaces, so a person attending a rally or march must follow the same handgun and long gun carry rules they would follow anywhere else in Texas.
Where are guns not allowed in Texas?
Even though firearms are generally legal at demonstrations, there are several locations where Texas law prohibits carrying a gun at all times. These restrictions apply whether a protest is happening or not.
According to the Texas State Law Library’s guide on prohibited places, firearms are blocked in:
- School buildings and school grounds
- Polling places during elections
- Courthouses
- Bars that earn more than 51 percent of revenue from alcohol
- Secured government buildings
- Certain airport areas
If a rally or march moves into any of these restricted zones, carrying becomes illegal immediately, even if the person is otherwise licensed and compliant.
Can private property owners ban guns during a protest?
Yes. Private property owners can decide whether firearms are allowed on their land.
But according to the Texas State Law Library, owners must give proper notice through legally required signs or direct communication.
If a protest moves from a public street onto private property with posted restrictions, anyone carrying a firearm must either comply with the rules or leave the property.
Do colleges or K-12 campuses have different rules?
Yes. According to the Texas Penal Code, firearms are generally not allowed on K-12 campuses, inside school buildings, or at school activities.
Colleges and universities have more flexible policies under the state’s campus carry law, but each school can set its own restrictions for certain buildings or events.
Private universities can choose to opt out of campus carry entirely. People attending or organizing a protest on or near a school property should check the institution’s posted policies, since violating them can lead to criminal penalties.
What should I know about interacting with law enforcement while armed?
Texas law allows licensed or lawful carry at protests, but that does not limit an officer’s ability to secure a scene or give commands during a disturbance.
Officers may direct armed individuals to move, step back, or temporarily surrender their weapon if they believe it is necessary for safety. This authority applies even if the person is carrying legally.
Legal experts also note that following instructions promptly, keeping hands visible, and avoiding sudden movements can help prevent misunderstandings during a tense situation.
Service journalism editor Jake Harris contributed to this report.
