Eleanor Finch
Texas permitless carry, also referred to as constitutional carry, allows individuals to carry handguns openly or concealed without obtaining a license. The law, enacted under House Bill 1927 (HB 1927), went into effect on September 1, 2021, making Texas the 21st state to pass some form of constitutional carry in the United States. While permitless carry allows individuals to carry handguns without an LTC, there are certain restrictions and limitations to this law. For example, individuals must be 21 years of age or older and legally possess a firearm under federal and state laws. Additionally, there are specific locations where carrying a firearm is prohibited, such as schools, government buildings, and establishments that serve alcohol. It's important to note that ignorance of the law is not a defense for breaking it, and individuals are responsible for knowing and complying with all applicable laws and regulations.
| Characteristics | Values |
|---|---|
| Age requirement | 21 years or older |
| Restrictions | Cannot have certain misdemeanour convictions within the past 5 years, such as assault or terroristic threat |
| Restrictions | Cannot have a prior felony conviction |
| Restrictions | Cannot have a recent conviction for certain types of misdemeanours |
| Restrictions | Cannot be subject to an unexpired protective order |
| Restrictions | Cannot be a member of a criminal street gang |
| Restrictions | Cannot carry in schools and educational institutions |
| Restrictions | Cannot carry in polling places during elections |
| Restrictions | Cannot carry in government buildings and courthouses |
| Restrictions | Cannot carry in amusement parks, racetracks, and hospitals |
| Restrictions | Cannot carry in bars and other 51% alcohol establishments |
| Restrictions | Cannot carry in businesses that post signage prohibiting firearms |
| Additional Protections | LTC holders can carry in federal gun-free school zones, while HB 1927 carriers cannot |
| Additional Protections | LTC holders can carry past certain "no gun" signs |
| Additional Protections | LTC holders can keep firearms in their vehicles in school parking lots |
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What You'll Learn
Texas LTC vs. constitutional carry
Texas is often referred to as a permitless carry state, but it is not a true constitutional carry state. Texas has placed eligibility requirements, carry method restrictions, location restrictions, and other rules that must be followed.
LTC
The Texas License to Carry (LTC) law was passed in 1995, allowing individuals to carry concealed firearms with a permit. The LTC statute remains in effect, and obtaining an LTC offers certain advantages. These include:
- Reciprocity: LTC holders may carry concealed weapons in other states with reciprocity agreements with Texas.
- Background checks: LTCs can act as an alternative to a background check when purchasing a firearm.
- No-gun signs: LTC holders have protections when carrying past 'no gun' signs.
- School zones: LTC holders can bring firearms within 1000 feet of a school.
- Law enforcement: LTC holders can immediately show that they are legally in possession of their firearm to law enforcement if stopped.
Constitutional Carry
Constitutional Carry allows eligible Texans to carry a handgun (openly or concealed) without an LTC. However, there are restrictions on who can carry a handgun, and certain places are always off-limits.
Unlawful Carry
Unlawful Carry of a Weapon (Class A Misdemeanor) can occur if you carry a handgun without qualifying for constitutional carry or if you carry in a prohibited location. This can result in a fine of up to $4,000, jail time of up to one year, or both.
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Texas permitless carry laws
Texas permitless carry, also referred to as constitutional carry, allows people to carry a handgun in a public place without a license to carry (LTC). Texans can still apply for an LTC since it may carry additional benefits. For example, an LTC may allow the licensee to carry in states that have reciprocity agreements with Texas. It may also act as an alternative to a background check when purchasing a firearm.
To carry a handgun in public in Texas without an LTC, a person must not:
- Be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922.
- Have a prior felony conviction as described in Texas Penal Code Section 46.04.
- Have a recent conviction for certain types of misdemeanors as described in Sections 46.02 and 46.04.
- Be subject to an unexpired protective order as described in Section 46.04(c).
- Be a member of a criminal street gang as described in Section 46.04(a-1), and carry a gun in person or in a car or boat.
- Be intoxicated, except in certain situations as described in Section 46.02(a-6).
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.
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.
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Texas gun laws in schools
Texas gun laws underwent significant changes in 2021, with the passage of House Bill 1927, which removed the requirement for a license to carry (LTC) a handgun in public. This bill, which came into effect on September 1, 2021, made Texas the 21st state to pass some form of constitutional carry. However, it's important to note that Texas is not a true constitutional carry state due to its restrictive eligibility requirements and further restrictions on methods and locations of carry.
While the LTC requirement has been removed, Texas law still sets the minimum age to carry a gun at 21 years. A federal court case in 2022 challenged this restriction, ruling that 18-to-20-year-olds cannot be prosecuted based solely on their age. As a result, the Department of Public Safety (DPS) stated they would no longer deny LTC applications for this age group.
Now, onto the topic of Texas gun laws in schools:
Daycare facilities and after-school programs are not considered outright prohibited places, but they are generally required to post notices prohibiting firearms. Carrying a firearm into these facilities without permission may be considered trespassing. If the daycare or after-school program is located within a school or regarded as a school-sponsored activity, carrying a firearm is absolutely prohibited.
In 2023, Texas passed a law requiring each school district to ensure the presence of at least one armed security officer during regular school hours. If a district cannot comply, it may designate an employee or contractor who has completed school safety training and is authorized to carry a handgun on school premises.
Public colleges and universities in Texas have some discretion to establish rules and regulations regarding concealed carry by license holders on their campuses. However, they cannot generally prohibit license holders from carrying concealed handguns. Private or independent institutions of higher education have more discretion and may prohibit people from carrying concealed firearms after consulting with students, staff, and faculty.
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Texas gun laws in bars
Texas gun laws have changed over the years, with the most notable changes occurring in 2021. The Firearm Carry Act of 2021, also known as HB 1927, removed the requirement for Texans to obtain a license to carry before possessing a handgun. This legislation, commonly referred to as "constitutional carry," allows Texans over the age of 21 to carry their firearms openly or concealed without a Texas License to Carry (LTC). However, this does not mean that Texans can carry handguns everywhere, and there are still restrictions on where firearms can be carried.
One such restriction is in bars and establishments that primarily sell alcohol. Texas law prohibits the carrying of firearms in bars, and this restriction extends to restaurants that earn more than half of their revenue from alcohol sales and consumption. This is known as the "51 percent rule," and establishments that fall under this category are required to post a "51 percent" sign to notify customers. Carrying a firearm into one of these establishments can result in serious legal consequences, including fines of up to $10,000 and up to 10 years in prison.
It is important to note that Texas law also prohibits carrying and using a handgun while intoxicated. Texas defines "intoxicated" as having diminished mental or physical faculties due to alcohol consumption or the use of any controlled substance. A blood alcohol concentration of .08 or more is considered legally intoxicated in Texas. Therefore, even if an individual is in a place that allows firearms, they are prohibited from carrying or using a handgun if they are legally intoxicated.
While the constitutional carry law allows Texans to carry handguns in many locations, there are still places where firearms are prohibited. These include schools, educational institutions, polling places on Election Day, and airports. Additionally, private businesses can give notice under Penal Code 30.05 to prohibit the carrying of firearms on their premises. Texans wishing to carry a firearm must be aware of these restrictions and follow all applicable laws to avoid legal consequences.
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Texas gun laws for military members
Texas is often perceived as having some of the most permissive gun laws in the United States. Since September 1, 2021, Texas permitless carry, also referred to as constitutional carry, has allowed people over 21, both residents and non-residents, to carry handguns openly or concealed in most places without a license. However, this does not apply to those with prior felony convictions, recent convictions for certain misdemeanours, or those subject to an unexpired protective order. Texas law also sets the age requirement to carry a gun at 21 years of age.
Texas LTCs (License to Carry) are issued to both residents and non-residents who are at least 21 years of age (18 if a member or veteran of the U.S. military). They require a four- to six-hour training course as well as passing both a written exam and a shooting proficiency demonstration. There is no requirement to complete the range instruction portion of a handgun proficiency course for active-duty and honorably discharged members of the military. LTCs also allow for concealed carry in college campus buildings and places where college sporting events are taking place. They also allow for the possession of a firearm within 1000 feet of a school, which would otherwise be prohibited.
Texas law is quite specific about openly carried handguns, which must be kept in a holster. Some places are always off-limits to firearms, such as racetracks and secure areas of airports. There are also additional protections at some prohibited locations, such as bars or other places that serve alcohol, for LTC holders. Texas has state preemption of gun laws, so local governments cannot further restrict or regulate the possession or use of firearms. Texas does not require background checks for private firearm sales, which has led to criticism from gun safety advocates.
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Frequently asked questions
The Texas law sets the age requirement to carry a gun at 21 years of age. However, individuals aged 18-20 who are military members can obtain an LTC and carry a gun in public.
LTC, or License to Carry, is a license that allows individuals to carry a gun in public. Texas constitutional carry, also known as permitless carry, allows individuals to carry a gun in public without an LTC.
LTC provides additional benefits and legal protections that are not available under constitutional carry. For example, LTC allows individuals to carry a gun in 37 other states with reciprocity agreements with Texas, while constitutional carry does not. LTC also allows individuals to carry a gun in certain locations that are off-limits for constitutional carry, such as schools and bars.
To qualify for constitutional carry in Texas, individuals must be 21 years of age or older, legally possess a firearm under federal and state laws, and not have certain misdemeanor convictions within the past five years.
Yes, there are some places in Texas where carrying a gun is always prohibited, such as schools, polling places during elections, government buildings, and bars. Additionally, property owners can choose to prohibit the carrying of firearms on their property, including inside their businesses.
