Simone Lawson
Texas has a long history with firearms, and its gun laws have undergone substantial revisions in recent years. In 2021, Texas passed a new law, commonly known as the constitutional carry or permitless carry bill, allowing Texans to carry handguns without a license or permit. This law, officially called HB 1927 or the Firearm Carry Act of 2021, took effect on September 1, 2021, and removed the requirement for a Texas License to Carry (LTC) for eligible gun owners aged 21 and above. While this change significantly altered gun laws in Texas, it is important to note that certain restrictions still apply regarding locations and individual backgrounds.
| Characteristics | Values |
|---|---|
| Bill Number | HB 1927 |
| Bill Name | Firearm Carry Act of 2021 |
| Other Names | Constitutional Carry Bill, Permitless Carry Bill |
| Passed By | Texas Legislature |
| Signed Into Law By | Governor Greg Abbott |
| Date Passed | June 16, 2021 |
| Effective Date | September 1, 2021 |
| Requirements | 21 years or older, no criminal convictions, no orders of protection |
| LTC Program | Not repealed |
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What You'll Learn
- Texans 21 and older can carry handguns without a license
- There are still restrictions on where guns can be carried
- Texans can still obtain a license to carry (LTC)
- LTCs are beneficial for carrying in states with reciprocity agreements with Texas
- LTCs can be used as an alternative to a background check when purchasing a firearm
Texans 21 and older can carry handguns without a license
Texas has a long history with firearms, and in recent years, there have been significant changes to the state's gun laws. In 2021, Texas passed a new law, commonly known as the "constitutional carry" or permitless carry bill, allowing Texans 21 and older to carry handguns without a license. This law, called HB 1927 or the Firearm Carry Act of 2021, was signed by Governor Greg Abbott on June 16, 2021, and took effect on September 1, 2021.
Prior to this law, Texans were required to obtain a License to Carry (LTC) from the Texas Department of Public Safety (DPS) to carry a handgun in public, either openly or concealed. The LTC program was not repealed by HB 1927, and Texans can still choose to obtain a license if they wish, as it offers benefits such as carrying in states with reciprocity agreements with Texas and serving as an alternative to a background check when purchasing a firearm.
It is important to note that there are still restrictions and requirements in place for carrying a handgun without a license in Texas. Individuals must meet certain eligibility standards, including being 21 years of age or older and not having certain criminal convictions, such as felony convictions or recent misdemeanor convictions, or orders of protection against them. Additionally, there are specific locations where firearms are prohibited, including schools, correctional facilities, hospitals, and certain businesses that post signage prohibiting the carrying of firearms.
While Texans 21 and older can generally carry handguns without a license in most public places, it is crucial for individuals to familiarize themselves with the specific details and exceptions of the law before doing so. The law can be complex, and legal counsel or guidance from an attorney is recommended to ensure compliance with all applicable regulations.
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There are still restrictions on where guns can be carried
Texas's House Bill 1927, which came into effect on September 1, 2021, allows Texans to carry a handgun in public without a license to carry (LTC). However, there are still restrictions on where guns can be carried.
Firstly, Texas law sets the age requirement to carry a gun at 21 years of age. A federal court case in 2022 challenged this restriction, and as a result, the Department of Public Safety (DPS) stated that they would no longer deny LTC applications solely based on the applicant being 18 to 20 years old. Nevertheless, the court ruling did not grant 18- to 20-year-olds the right to carry a handgun if they were prohibited from doing so before the amendment.
Secondly, certain places in Texas are off-limits for carrying firearms, including correctional facilities, civil commitment facilities, hospitals, nursing facilities, and mental hospitals. Additionally, guns cannot be carried at high school, college, interscholastic, or professional sporting events unless the participant requires a weapon.
Thirdly, there are restrictions based on an individual's criminal history and background. Texans with felony convictions, certain types of misdemeanour convictions, or those subject to protective orders are restricted from possessing firearms. Members of criminal street gangs are also prohibited from carrying guns.
Lastly, Texas law requires that handguns be carried in a holster and that they are concealed when in public. Openly handling a weapon in public is only permitted when necessary for self-defence. These restrictions aim to maintain public safety and ensure that firearms are carried responsibly in Texas.
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Texans can still obtain a license to carry (LTC)
Since the permitless carry law passed in Texas in 2021, Texans have not been required to hold a license to carry a firearm. However, Texans can still obtain a license to carry (LTC) if they wish to do so.
The LTC program was not repealed by House Bill 1927, and Texans who wish to obtain a license can still apply for one through the Texas Department of Public Safety (DPS). There are several benefits to obtaining an LTC, even though it is no longer necessary. For example, an LTC allows the licensee to carry a firearm in states with reciprocity agreements with Texas, and it can act as an alternative to a background check when purchasing a firearm.
Due to a 2022 federal court case, DPS has stated that they will no longer deny LTC applications from individuals aged 18 to 20 solely based on their age. This change does not give the right to carry a handgun to anyone who was prohibited from doing so before the amendment.
In 2022, over 200,000 Texans obtained LTCs, and gun instructors and some gun owners still see the benefits of taking the classes necessary to obtain a license. These benefits include gaining knowledge about the law, the ability to carry a gun across state lines, and peace of mind.
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LTCs are beneficial for carrying in states with reciprocity agreements with Texas
Texas passed House Bill 1927 in 2021, allowing individuals to carry a handgun in public without a license. While this bill removed the requirement for a license to carry (LTC) in Texas, obtaining an LTC still offers several benefits. One notable advantage is the ability to carry a handgun in states with reciprocity agreements with Texas.
Texas has established reciprocity agreements with several states, allowing individuals with a valid Texas LTC to legally carry a concealed weapon in those states. These agreements are crucial for Texans who frequently travel or have plans to carry a handgun while passing through other states. Currently, there are 37 states that recognize the Texas LTC, including popular travel destinations such as Florida, Colorado, and Nevada. Additionally, all states bordering Texas are part of the reciprocity agreement.
It is important to note that the specific agreements or statutes governing reciprocity may vary, and individuals should carefully review the relevant laws before carrying a concealed weapon in another state. For example, Texas has a unilateral agreement with Wisconsin, where LTCs issued by Texas are recognized, but Wisconsin LTCs are not recognized in Texas. On the other hand, the agreement with Washington State goes in the opposite direction, with Texas LTCs not being recognized there.
The LTC also serves as an alternative to a background check when purchasing a firearm in Texas. Furthermore, due to a federal court decision, the state can no longer deny LTC applications solely based on the applicant's age between 18 and 20. This decision ensures that individuals in this age group can obtain an LTC and legally carry a handgun in states with reciprocity agreements, even if their home state does not require an LTC.
In conclusion, while constitutional carry in Texas removes the requirement for an LTC within the state, obtaining an LTC is beneficial for individuals who plan to travel to states with reciprocity agreements. These agreements allow Texans to legally carry their handguns in those states, providing convenience and peace of mind. Therefore, for Texans who wish to carry their handguns while travelling, it is essential to understand the reciprocity agreements and the specific laws of each state they intend to visit.
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LTCs can be used as an alternative to a background check when purchasing a firearm
Texas has some of the most permissive gun laws in the United States. In 2021, Texas changed the law to eliminate the need for a License to Carry (LTC) for some people. Now, if you can legally possess and carry a firearm, you no longer need an LTC to carry a handgun in a public place. House Bill 1927, which went into effect on September 1, 2021, allows some people to carry a handgun on their person in a public place without an LTC.
It is important to note that Texas law sets the age requirement to carry a gun at 21 years of age. However, a 2022 federal court case, Firearms Policy Coalition, Inc. et. al. v. Steven McCraw, et. al., challenged the constitutionality of this restriction. The court ruled that Texas may not prosecute 18-to-20-year-olds under this restriction based solely on their age. This ruling did not give anyone the right to carry a firearm if they were prohibited from doing so under previous law.
The federal government sets gun control laws at the national level, but states and localities retain control over certain aspects of firearm purchase and ownership. The Second Amendment guarantees Americans the right to bear arms, while the Gun Control Act of 1968 provides federal regulation over firearm possession. Under this act, citizens and US residents must be 18 or older to purchase shotguns, rifles, or ammunition. All other firearms, such as handguns, can only be sold to individuals 21 or older.
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Frequently asked questions
Yes, the Texas Legislature passed House Bill 1927, also known as the Firearm Carry Act of 2021 or the constitutional carry bill, in 2021. The bill was signed into law by Governor Greg Abbott on June 16, 2021, and went into effect on September 1, 2021.
The constitutional carry bill in Texas allows Texans or residents who are 21 or older and meet certain requirements to carry handguns in public without a license or permit (also known as a Texas License to Carry or LTC). Texans can still obtain an LTC if they wish, as it may provide benefits such as carrying in states with reciprocity agreements with Texas.
Yes, there are still some restrictions on where guns can be carried in Texas, and certain individuals are prohibited from possessing firearms. Firearms are banned in certain locations, such as schools, educational institutions, and their transportation vehicles, as well as polling places on election day or during early voting. Additionally, individuals with certain criminal convictions, orders of protection, or specific mental health issues may be restricted from carrying handguns.
