Private Security Licensees and Carrying a Handgun

February 10, 2021

Updated August 10, 2022

The Private Security Act addresses the carrying of firearms by security officers, and limits the carrying of firearms to those security officers who hold a license as a commissioned security officer or as a personal protection officer. See Texas Occupations Code §1702.161§1702.206. Non-commissioned security officers are prohibited from carrying a firearm while on duty. See §1702.161(b). Changes to Penal Code Chapter 46 enacted by the 87th Legislature through HB 1927 (commonly referred to as “permit-less carry”) do not override the requirements of the above-referenced sections.

Those individual licensees who do not provide security or personal protection services, e.g., locksmiths, alarm installers, or private investigators, may choose to carry handguns while performing the regulated services for which they are licensed, subject to the limitations and prohibitions provided in Texas Penal Code Chapter 46. However, private investigators should note that pursuant to Rule 35.10, effective January 10, 2022, private investigators are prohibited from openly carrying a handgun when executing a capias or arrest warrant.  See Administrative Rule 35.10, at 37 TAC 1, 35.10.