Eleanor Finch
Texas has some of the loosest gun laws in the US, and in 2021, the state approved a bill to allow constitutional carry, or permitless carry, of handguns. The bill, HB 1927, was signed into law by Governor Greg Abbott on June 16, 2021, and came into effect on September 1, 2021. The legislation removed the requirement for Texans to obtain a license to carry a handgun, allowing anyone over 21 to carry a firearm openly or concealed without a Texas License to Carry (LTC). However, there are still restrictions on where handguns can be carried, and certain convictions will disqualify an individual from carrying a firearm.
| Characteristics | Values |
|---|---|
| Bill Name | HB 1927, also referred to as the Firearm Carry Act of 2021, the Permitless Carry Bill, or the Constitutional Carry Bill |
| Bill Sponsor | State Rep. Matt Schaefer |
| Bill Signer | Governor Greg Abbott |
| Date Signed | June 16, 2021 |
| Effective Date | September 1, 2021 |
| Requirements Removed | Requirement to have a license to carry a handgun, background check, and training |
| Age Limit | 21 years old |
| Places Off-Limits | Schools, educational institutions, school transportation vehicles, school-sponsored activity grounds, polling places on election day, bars, private property, private businesses that give notice under Penal Code 30.05, post offices, military installations |
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What You'll Learn
Texas residents can carry handguns without a license
Texas residents can now carry handguns without a license, following the Firearm Carry Act of 2021, also known as the "constitutional carry" or "permitless carry" bill. The legislation, House Bill 1927, was signed into law by Governor Greg Abbott on June 16, 2021, and took effect on September 1, 2021. The bill removes the requirement for Texans to obtain a license to carry handguns, allowing them to openly or conceal carry a handgun without a Texas License to Carry ("LTC").
However, it is important to note that there are still some restrictions on who can carry a handgun and where they can carry it. Texans must be legally eligible to own and possess handguns under both federal and state law. This includes an age limit of 21 years or older, and certain convictions, such as misdemeanor crimes, that disqualify an individual from carrying a handgun. Additionally, there are places where carrying a handgun is prohibited, such as schools, educational institutions, and their transportation vehicles, as well as businesses that post signage prohibiting firearms.
The "constitutional carry" bill has been a subject of debate, with some law enforcement officers and license-to-carry instructors expressing safety concerns. Despite these objections, the bill was approved by the Republican-dominated Texas Legislature, with supporters arguing that it would allow Texans to better defend themselves in public. The bill also includes enhanced penalties for possession of a handgun by a felon and those convicted of family violence offenses.
It is worth noting that Texas already had some of the most relaxed gun laws in the country, and the new legislation further reduces restrictions on gun ownership and carrying. Texans are now permitted to carry handguns in public places without a certified permit, as long as they adhere to the remaining restrictions and prohibitions outlined in the bill. This change highlights the ongoing debate around gun control and public safety in the United States, with Texas taking a stance that favors gun rights over stricter regulations.
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The minimum age to carry a gun in Texas is 21
Texas has approved a _
Texas law does not specifically restrict who can carry a long gun, such as a rifle or shotgun. However, federal law prohibits licensed firearms dealers from transferring handguns to those under 21 and restricts unlicensed sellers from transferring handguns to minors under 18. Texas law also allows people with a handgun license to carry their guns in some places where unlicensed people cannot, such as near schools and colleges.
There are several other restrictions on carrying firearms in Texas. For example, firearms are prohibited on school premises unless allowed by the school's written regulations or with written authorization. They are also prohibited in buildings or portions of buildings used as polling places on election day or during early voting. Additionally, businesses and private property owners can choose to prohibit unlicensed carry or carry by license holders, and if a handgun is visible, it must be in a holster.
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Texas gun laws apply to both handguns and long guns
Texas law does not specifically put restrictions on who can carry a long gun, such as a rifle or shotgun. However, some people are prohibited from owning or possessing any firearm by law. For example, Texas law makes some places always off-limits to firearms (both handguns and long guns). There are restrictions on carrying firearms at schools and college campuses. Additionally, Texas law prohibits the display of a handgun on purpose in a public place, in another person's plain view, unless the gun is holstered.
In 2021, Texas approved a bill that removed the requirement to have a license to carry a handgun. This bill, commonly known as the constitutional carry bill or the permitless carry bill, allows legally eligible gun owners 21 years and older to carry their firearms without a Texas License to Carry (LTC). Texans can still apply for an LTC since it may carry additional benefits.
Texas has state preemption of gun laws, so local governments cannot further restrict or regulate the possession or use of firearms. Texas does not restrict NFA weapons that are legally possessed under federal law. The state does not require background checks for private sales of firearms, as there is currently no federal requirement for sales between unlicensed individuals.
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Texas Constitutional Carry Law prohibits carrying handguns in schools
Texas has some of the most relaxed gun laws in the United States. In 2021, Governor Greg Abbott signed HB 1927, the Firearm Carry Act of 2021, commonly known as the constitutional carry bill or the permitless carry bill, into law. This bill removed 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.
However, the Texas Constitutional Carry Law prohibits carrying handguns in schools. Texas law generally prohibits people from possessing or "going with" a firearm on the premises of a school or postsecondary educational institution, including both public and private K-12 schools and postsecondary institutions of higher education such as colleges and universities. This restriction also applies to the grounds or buildings owned by and under the control of a school or educational institution where a school-sponsored activity is taking place, as well as in a school or educational institution's transportation vehicle, such as a school bus.
There are some exceptions to this restriction. Firearms can be carried in or on school premises if done according to the school's written regulations or with written authorization from the institution. Private or independent institutions of higher education have more discretion and control over their own campuses and may prohibit people from carrying concealed firearms on their campuses or in any grounds or buildings where an activity sponsored by the institution is taking place. They must, however, consult with students, staff, and faculty before implementing such a ban.
Additionally, public colleges and universities have some discretion to establish "reasonable" rules or regulations regarding concealed carry by license holders on their campuses, provided that these rules do not generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on campus. If a public college or university prohibits concealed carry in a portion of the campus, such as a dorm building or classroom, Texas law requires that institution to provide effective notice of that restriction.
It is important to note that Texas law sets the minimum age to carry a gun at 21 years, although an individual under 21 but over 18 may not be prosecuted based solely on their age.
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Texas Constitutional Carry Law prohibits carrying handguns in polling places
Texas' Constitutional Carry Law, also known as HB 1927, was signed into law by Governor Greg Abbott on June 16, 2021. The law 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.
While the law generally allows Texans to carry guns wherever they are not prohibited, there are some places that are always off-limits for the possession of firearms and other weapons. These include schools, courtrooms, and 51% businesses. Polling places are also included in this list of off-limits locations.
Texas law expressly prohibits carrying handguns or other firearms on the premises of a polling place on election day or during early voting. This prohibition applies to any building or portion of a building used as a polling place, even if it is temporarily converted into one. It is also worth noting that Texas law gives most private property owners the power to choose whether to allow guns on their property. Therefore, if a polling place is located on private property, the owner or someone acting on their authority can prohibit the carrying of weapons on the premises by providing proper notice. This notice can be in the form of a posted "30.06 or 30.07" sign or oral communication to the election official.
Violating the prohibition on carrying handguns or other weapons at polling places can result in serious legal consequences. Electioneering and loitering near a polling place, as well as using electronic recording devices and wireless communication devices, are also prohibited within 100 feet of a polling place or voting station. These statutes are in place to maintain order and security during the election process.
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Frequently asked questions
The constitutional carry bill, also known as the Firearm Carry Act of 2021, is a bill that allows Texas residents to carry a gun without a license. The bill was signed into law by Governor Greg Abbott on June 16, 2021, and came into effect on September 1, 2021.
To carry a gun in Texas, an individual must be 21 years or older and legally eligible to purchase and possess a gun under federal and Texas law. Individuals cannot have been convicted of certain misdemeanour crimes within the last five years.
Yes, there are restrictions on carrying firearms in certain places, including schools, educational institutions, and their transportation vehicles. Firearms are also prohibited within 1,000 feet of schools and on the premises of polling places on election day. Businesses can also prohibit the carrying of firearms on their property by posting signage.
