Eleanor Finch
Texas' passage of Constitutional Carry in 2021 caused a wave of red states to embrace the law. However, the bill to allow most people to carry a handgun without a license faced opposition in the Texas Senate, with Lt. Gov. Dan Patrick stating that it didn't have the votes to pass. Despite this, the Texas Senate approved the constitutional carry bill, which then returned to the House for final approval. The bill, known as HB 1927, eliminates the requirement for Texas residents to obtain a license to carry handguns if they are not prohibited by state or federal law from possessing a gun.
| Characteristics | Values |
|---|---|
| Date of Bill Passage | May 5, 2021 |
| Bill Number | HB 1927 |
| Bill Sponsor | State Sen. Charles Schwertner (R-District 5) |
| Bill Supporters | Gun Owners of America, Texas GOP Chairman Allen West, Gov. Greg Abbott |
| Bill Opponents | Lt. Gov. Dan Patrick, Dallas Police Chief Eddie Garcia, Harris County Sheriff Ed Gonzalez, Sen. John Whitmire (D-Houston), Sen. Carol Alvarado (D-Houston) |
| Amendments | Enhanced penalties for felons and family violence offenders caught carrying, requirement for Texas Department of Public Safety to offer a free online course on gun safety |
| Status | Signed into law by Gov. Greg Abbott on June 16, 2021, effective Sept. 1, 2021 |
| Number of States with Similar Laws | At least 20 other states as of 2021 |
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What You'll Learn
- The bill allows Texans over 21 to carry handguns without a license or training
- The bill does not apply to anyone with a criminal record
- The bill enhances penalties for felons caught with guns
- The bill removes the need for background checks when purchasing guns from a store
- The bill faced opposition from Texas law enforcement
The bill allows Texans over 21 to carry handguns without a license or training
Texas' passage of Constitutional Carry in 2021 allowed Texans over 21 to carry handguns without a license or training. This bill, also known as HB 1927, removed the requirement to have a license to carry (LTC) a handgun in Texas and repealed the previous statute that required handguns to be carried in a holster. Texans can still obtain an LTC, as it may carry additional benefits.
The bill, which was approved by the state House, faced opposition from Texas Senate leader Lt. Gov. Dan Patrick and a large contingent of Texas law enforcement officials. Despite this, the bill passed, and as of 2021, Texans over the age of 21 who can legally possess a firearm are allowed to carry a concealed firearm without a license or permit. This applies to both open carry in a holster and concealed carry, where no part of the firearm is visible.
While Texas law is quite specific in that openly carried handguns must be kept in a holster, the new law removed the previous requirement for a "shoulder or belt holster." Texans can carry guns wherever they are not prohibited, with some places always being off-limits, such as hospitals, racetracks, and schools. The property owner or person in control of the property can choose whether to allow guns in certain places.
The passage of Constitutional Carry in Texas further accelerated the trend of red states embracing this law. As of 2025, virtually all solid red states have Constitutional Carry or some form of it.
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The bill does not apply to anyone with a criminal record
The Texas Constitutional Carry bill, also known as HB 1927, allows most Texans to carry a handgun in public without a license. However, it's important to note that this bill does not apply to anyone with a criminal record. This exclusion ensures that individuals with a history of criminal activity are not permitted to carry firearms under the new law.
The bill specifically states that it does not grant gun-carrying rights to individuals prohibited by state and federal law, such as felons and fugitives from justice. This provision aims to prevent individuals with a history of serious crimes from legally obtaining and carrying firearms. It is a standard exclusion in gun legislation to prioritize public safety and reduce the potential for gun-related crimes by those with a proven propensity for criminal behavior.
Additionally, the bill addresses individuals with unlawful carry convictions. It provides an opportunity for those convicted of unlawfully carrying a firearm before September 1, 2021, to expunge their records. This provision allows people with minor offenses to clear their names and move forward without the burden of a criminal record. However, it is essential to note that this only applies to convictions before the specified date.
While the Texas Constitutional Carry bill expands gun rights for many Texans, it maintains crucial restrictions to protect public safety. By excluding individuals with criminal records, the bill aims to prevent firearms from falling into the wrong hands. This measure is in line with the overall objective of gun legislation, which is to strike a balance between upholding the Second Amendment rights of law-abiding citizens and ensuring the security of the community at large.
The Texas Constitutional Carry bill, also known as HB 1927, has sparked debate and garnered attention due to its provisions. The bill's exclusion of individuals with criminal records underscores the complexity of gun legislation and the ongoing efforts to safeguard communities while respecting the rights of citizens.
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The bill enhances penalties for felons caught with guns
In April 2021, Texas Lt. Gov. Dan Patrick stated that the 'constitutional carry' bill, which would allow most people to carry a handgun without a license, did not have the votes to pass the Texas Senate. Despite this, the bill was passed by the Senate and moved back to the House for final approval of the added amendments.
One of the amendments to the bill was the enhancement of penalties for felons caught with guns. Possession of a firearm by a felon is a third-degree felony offense in Texas, carrying a penalty of 2 to 10 years in prison and a fine of up to $10,000. The bill enhances this penalty by increasing the charge to a second-degree felony. This increases the penalty to 2 to 20 years in prison and a fine of up to $10,000.
Additionally, if the firearm in question is a prohibited weapon, such as a machine gun or a firearm with a silencer, the offense may be charged as a second-degree felony. This carries an even higher penalty of 2 to 20 years in prison and a fine of up to $10,000. The bill also addresses concerns about individuals with a history of family violence, prohibiting those convicted within the past five years of a terroristic threat, deadly conduct, assault causing bodily injury, and disorderly conduct with a firearm from carrying a firearm.
It is important to note that Texas law already prohibits individuals convicted of a felony offense from possessing firearms within five years of their release. After this five-year period, felons may possess firearms in their homes, vehicles, or places of business but may not carry them in public. Federal law also prohibits convicted felons from possessing firearms, regardless of the completion of their sentence, as outlined in the Gun Control Act of 1968.
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The bill removes the need for background checks when purchasing guns from a store
Texas' passage of Constitutional Carry in 2021 allowed Texans to carry handguns without a license or permit. This means that Texans can now exercise their right to keep and bear arms without having to beg the government or pay a fee. However, it is important to note that there are still some restrictions in place. For instance, individuals with certain criminal backgrounds or mental health issues may be prohibited from possessing firearms. Additionally, there are limitations on where weapons can be carried, with guns prohibited in public areas like pubs, voting stations, and schools.
Prior to this change, Texans were required to obtain a license to carry a handgun, either openly or concealed. The new law, known as HB 1927, applies to people 21 and older, who are not required to pass a training class and hold a permit to carry a handgun in public. It is worth noting that the bill does not apply to anyone with a criminal record. Despite facing opposition from law enforcement officials, the bill was approved by the Texas House and signed into law.
The passage of Constitutional Carry in Texas is part of a larger trend of red states embracing this law. As of 2025, virtually all solid red states have Constitutional Carry or some form of it. This shift can be attributed to the efforts of grassroots activists and gun rights groups who have worked to normalize Constitutional Carry and pressure elected officials to support it. With Republicans in control of Washington, there is a push to pass a clean bill at the federal level and expand gun rights.
While the Constitutional Carry bill in Texas removes the need for a license or permit to carry a handgun, federal and state background checks are still required when purchasing guns from a store. In Texas, the Department of Public Safety (DPS) conducts a thorough state background check, assessing criteria such as felonies, domestic violence convictions, restraining orders, and mental health records. The process typically takes around 60 days but can vary depending on the applicant's background. In addition to the state background check, an FBI check is also conducted, evaluating criminal records from across the United States. The FBI check adds an extra layer of scrutiny to ensure public safety.
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The bill faced opposition from Texas law enforcement
Texas' "constitutional carry" bill, also known as House Bill 1927, removed the requirement to have a license to carry (LTC) in order to carry a handgun in public. The bill was approved by the state House in 2021 and signed into law the same year.
At a rally in front of the state Capitol, Dallas Police Chief Eddie Garcia stated, "This bill does not make officers more safe. It makes us less safe." Law enforcement's opposition to the bill stemmed from their concern that it would allow anyone to carry a gun on the street without a permit, making it difficult for officers to distinguish between legal and illegal gun carriers.
In the past, Patrick had expressed similar sentiments, telling host Trey Ware in a 2017 radio interview in San Antonio, "Law enforcement does not like the idea of anyone being able to walk down the street with a gun, and they don't know if they have a permit or not." However, despite his previous comments, Patrick's support for law enforcement had become a major political point for him, especially with the recent attention on police shootings and the "back the blue" movement.
The "constitutional carry" bill faced a challenge in the Texas Senate due to the opposition from law enforcement, and Patrick acknowledged that the votes were not there to pass the bill at that time.
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Frequently asked questions
Yes, the Texas Senate approved the constitutional carry bill on May 5, 2021.
The constitutional carry bill, also known as the permitless carry bill, removes the requirement for Texas residents to obtain a license to carry handguns if they are not prohibited by state or federal law from possessing a gun.
After the Texas Senate approved the bill, it went back to the House for final approval with the added amendments.
Gun rights groups and conservative activists supported the bill, while gun control advocates and law enforcement officials opposed it, citing safety concerns.
