Eleanor Finch
On June 16, 2021, Texas 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. The bill allows Texans over the age of 21 to carry handguns in public without a license to carry (LTC) from the Texas Department of Public Safety (DPS). While Texans can still obtain an LTC if they wish, the bill removes the requirement to obtain one before carrying a handgun. The law came into effect on September 1, 2021, and Texans should be aware of several restrictions on where a firearm can be carried.
| Characteristics | Values |
|---|---|
| Constitutional carry passed in Texas | Yes |
| Date passed | June 16, 2021 |
| Date effective | September 1, 2021 |
| Signed by | Governor Greg Abbott |
| Bill name | House Bill 1927, also referred to as the Firearm Carry Act of 2021, Permitless Carry Bill, or Constitutional Carry Bill |
| Requirements to carry a firearm | Age limit of 21 years old, no prior felony conviction, no recent conviction for certain types of misdemeanors, not subject to an unexpired protective order, and not a member of a criminal street gang |
| Places where carrying a firearm is prohibited | Premises of a school or educational institution, school transportation vehicle, grounds where a school-sponsored activity is taking place, polling place on election day or during early voting, correctional facility, civil commitment facility, hospital, nursing facility, or mental hospital |
| Benefits of obtaining a license to carry (LTC) | Carrying a firearm in states with reciprocity agreements with Texas, alternative to a background check when purchasing a firearm |
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What You'll Learn
- Texas Constitutional Carry Law prohibits carrying a handgun in schools
- The LTC program was not repealed, Texans can still apply for a license
- Texas residents who were convicted of unlawfully carrying a firearm can now expunge their record
- Texas law no longer requires an LTC to carry a handgun in most public places
- Texas Constitutional Carry Law allows legally eligible gun owners 21+ to carry firearms without an LTC
Texas Constitutional Carry Law prohibits carrying a handgun in schools
Texas has passed a law that allows constitutional carry, meaning that a person over the age of 21 who can legally possess a firearm may carry a concealed firearm without a license or permit. However, Texas Constitutional Carry Law prohibits carrying a handgun in schools.
The Texas State Law Library outlines that there are still restrictions on the carry of firearms at schools, even though a 2021 law removed the requirement to have a license to carry a handgun. The Legal Services department of the Texas Association of School Boards (TASB) states that whether a firearm is permitted depends on several factors, including who is carrying the firearm, the location on school property, and local school district policy, among other factors.
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 educational institutions (colleges and universities). This restriction also applies to the grounds or buildings owned by and under the control of a school or educational institution, as well as in a school or educational institution's passenger transportation vehicle.
There are some exceptions to the prohibition on carrying firearms in schools. For example, private or independent institutions of higher education may regulate or prohibit people from carrying concealed firearms on their campuses after consulting with students, staff, and faculty. Additionally, Texas law allows people with valid handgun licenses to carry concealed handguns on college and university campuses, unless the educational institution has restricted them from doing so. Public colleges and universities have some discretion to establish "reasonable" rules or regulations regarding concealed carry by license holders on their campuses, as long as these rules do not generally prohibit license holders from carrying concealed handguns.
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The LTC program was not repealed, Texans can still apply for a license
Texas has passed a constitutional carry bill, also known as the permitless carry bill, which allows Texans to carry handguns in public without a license. This bill, HB 1927, was signed into law by Governor Greg Abbott on June 16, 2021, and came into effect on September 1, 2021.
The bill removed the requirement for Texans to obtain a Texas License to Carry (LTC) from the Texas Department of Public Safety (DPS) in order to possess a handgun. Texans over the age of 21 who are not prohibited by state or federal law, such as felons, can now carry a concealed or open handgun without an LTC.
Despite the passage of this bill, the LTC program was not repealed. Texans who wish to obtain a license can still apply for one through the DPS. There may be benefits to obtaining an LTC, such as the ability to carry a firearm in states with reciprocity agreements with Texas, and it may also serve as an alternative to a background check when purchasing a firearm.
It is important to note that there are still restrictions on where a firearm can be carried, and certain places are generally prohibited for those carrying a handgun under the Texas Constitutional Carry Law. These include the premises of schools, educational institutions, and certain areas like racetracks and secure areas of airports.
Texans interested in obtaining an LTC should refer to the DPS website for more information on the benefits and requirements of the program. Additionally, given the complexity of gun laws and the constant changes, it is advisable to seek legal advice from an attorney to ensure compliance with all applicable regulations.
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Texas residents who were convicted of unlawfully carrying a firearm can now expunge their record
Previously, Texas prohibited expunctions for convictions of unlawfully carrying a weapon. The decision was made in the 1970s in an attempt to deter offenders and decrease gun violence. However, the legislation failed to achieve its goal and instead left thousands of citizens with permanent criminal records. The new bill gives these individuals a chance to start over with a clean record.
Texans with unlawful carry convictions before 1 September 2021 can now file a petition to have their records expunged. It is important to note that the expunction process can only be handled in the jurisdiction where the crime occurred. Therefore, individuals should first identify the district court that had jurisdiction over their charges. While expungement completely erases the record, sealing one's record is a more accessible option, as the requirements are more relaxed.
If you have been convicted of unlawful carry in Texas and wish to expunge your record, it is recommended that you seek legal representation. Experienced criminal defense attorneys can guide you through the expungement petition process and help you submit any necessary information. They can also assist in obtaining an order of expunction or an order of non-disclosure, depending on your specific circumstances.
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Texas law no longer requires an LTC to carry a handgun in most public places
Texas has passed a law that allows residents to carry handguns in public places without a licence to carry (LTC). This law, also known as the Firearm Carry Act of 2021 or the Permitless Carry Bill, came into effect on September 1, 2021, and applies to both open carry and concealed carry.
Prior to this law, Texans were required to obtain an LTC from the Texas Department of Public Safety (DPS) to carry a handgun in public. The LTC required a training course, a written exam, and a shooting proficiency demonstration. Now, Texans over the age of 21 can carry a firearm without an LTC, as long as they are legally allowed to possess a firearm under federal and Texas state law. This means that felons and those with recent convictions for certain types of misdemeanors are still prohibited from carrying firearms.
While Texas no longer requires an LTC for handgun carry, residents can still choose to obtain one if they wish. An LTC may have benefits such as allowing the licensee to carry in states with reciprocity agreements with Texas and serving as an alternative to a background check when purchasing a firearm. Additionally, certain places are still off-limits for carrying a firearm, even with an LTC. These places include schools, educational institutions, and correctional facilities.
It is important to note that the law surrounding firearm carry in Texas can be complex, and it is always recommended to seek legal advice or consult an attorney to understand the specific requirements and limitations.
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Texas Constitutional Carry Law allows legally eligible gun owners 21+ to carry firearms without an LTC
Texas has passed a law that allows eligible gun owners to carry firearms without a Texas License to Carry (LTC). This law, also known as the Firearm Carry Act of 2021 or the Permitless Carry Bill, was signed by Governor Greg Abbott on June 16, 2021, and came into effect on September 1, 2021.
The new legislation, officially named House Bill 1927, allows individuals who are 21 years or older and legally eligible to possess firearms under federal and Texas state law to carry a handgun in public without an LTC. This includes both open carry, where the firearm is visible, and concealed carry, where it is hidden from view. It is important to note that there are still restrictions on who can possess a firearm, such as individuals with felony convictions or specific misdemeanour convictions, and restrictions on where firearms can be carried, including schools and educational institutions.
Prior to the passing of this bill, Texas residents were required to obtain an LTC from the Texas Department of Public Safety (DPS) if they wanted to carry a handgun in public. The LTC program has not been repealed, and Texans can still choose to apply for a license if they wish, as it may provide benefits such as the ability to carry in states with reciprocity agreements with Texas and the potential to serve as an alternative to a background check when purchasing a firearm.
It is worth noting that Texas law enforcement officers have been trained on the new permitless carry law, and the powers of law enforcement have been updated to reflect the changes. Officers are now lawfully allowed to apprehend and disarm any person if they have reasonable suspicion that the individual could harm themselves or others.
While the Texas Constitutional Carry Law allows for permitless carry, it is important for individuals to be aware of the specific restrictions and requirements that still apply. These may include age limits, prohibited locations, and other factors that could impact an individual's eligibility to carry a firearm.
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Frequently asked questions
Yes, on June 16, 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. The law came into effect on September 1, 2021.
The constitutional carry law in Texas, also known as HB 1927, allows Texans to carry a firearm in public without a license to carry (LTC). Texans who wish to get an LTC may still apply for one, as it may allow them to carry firearms in states that have reciprocity agreements with Texas.
To carry a firearm in Texas, an individual must be at least 21 years old and cannot have served a sentence for a felony or family violence within the last five years. Additionally, they must not be restricted from possessing a firearm under federal law, have a recent conviction for certain types of misdemeanors, or be subject to an unexpired protective order.
In Texas, carrying a firearm on the premises of a school or educational institution, including transportation vehicles and grounds where school-sponsored activities take place, is generally prohibited. Firearms are also prohibited in or on school premises unless authorized by the school's written regulations or with written authorization from the institution. Federal law also prohibits the possession of a firearm within 1,000 feet of a public, parochial, or private school.
