Eleanor Finch
The Texas Senate approved the constitutional carry bill, also known as HB 1927, in May 2021. The bill, which allows Texans over the age of 21 to carry a handgun in public without a license, was passed by the Texas House and then amended by the Senate, requiring another vote from the House. The bill was initially opposed by Lt. Gov. Dan Patrick, who oversees the Senate, due to a lack of votes and concerns from law enforcement groups. However, the bill gained traction after amendments were made to address law enforcement's demands, and it eventually passed with the support of all Republicans in the Senate. The bill then returned to the House for approval of the changes before being sent to Gov. Greg Abbott for final approval.
| Characteristics | Values |
|---|---|
| Bill Name | House Bill 1927 |
| Bill Status | Passed by the Texas Senate on May 6, 2021 |
| Bill Function | Removes the requirement to have a license to carry a handgun in Texas |
| Bill Proposer | Sen. Charles Schwertner, R-Georgetown |
| Bill Supporters | Gov. Greg Abbott, Gun Owners of America, Texas Republican Party |
| Bill Opponents | Lt. Gov. Dan Patrick, State Sen. José Menéndez, D-San Antonio, Dallas Police Chief Eddie Garcia, Harris County Sheriff Ed Gonzalez, other Texas law enforcement officials |
| Bill Amendments | Stiffens penalties for felons and domestic violence offenders carrying weapons, removes restrictions on law officers questioning someone based solely on handgun possession |
| Bill Vote Count | 18-13, with all Republicans in the Senate voting for it |
| Minimum Age to Carry a Handgun | 21 years old |
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What You'll Learn
Texas Senate approves constitutional carry
On May 5, 2021, the Texas Senate passed a "Constitutional Carry" bill, also known as House Bill 1927 (HB1927). The bill, which would allow Texans to carry a concealed firearm without a license, was filed by Rep. Matt Schaefer (R-Tyler) on February 12, 2021.
The legislation would repeal Texas' concealed carry licensing requirements, removing the need for government permission to carry a concealed firearm within the state. Texans aged 21 and over would be able to carry a concealed firearm if not prohibited by state or federal law from possessing a gun. Open carry would also be permitted under the proposed law.
The bill was passed by an 18-13 vote, with all Republicans in the Senate voting for it. However, it faced opposition from Democrats, who argued that it would make it easier for dangerous and unfit individuals to carry guns in public. They also highlighted the potential dangers to victims of domestic violence, as the bill would allow more men to access guns, increasing the risk of homicide in abusive relationships.
Despite the concerns raised by Democrats, Governor Greg Abbott supported the bill and stated his intention to sign it into law when it reached his desk. The bill's passage represents a shift in the Texas Senate, as just two weeks prior, Lt. Gov. Dan Patrick had stated that the bill did not have enough votes to pass.
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Amendments to the bill
House Bill 1927, also known as the Firearm Carry Act of 2021, 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. The bill was signed into law by Governor Greg Abbott on September 1, 2021, and allows Texans over the age of 21 to carry handguns—either openly or concealed—without a state-issued permit.
The bill was passed by the Texas Senate after almost seven hours of debate, including amendments designed to win support from reluctant Republicans. One of these amendments aimed to create stiffer penalties for illegal weapons carried by felons and those convicted of family violence offenses. Another amendment removed a provision that would have prevented law officers from questioning someone based solely on their possession of a handgun.
An amendment by Schwertner allowed the Department of Public Safety to develop and provide an online gun-safety course. The bill's author, Rep. Matt Schaefer, expressed concern that some of the amendments may violate House rules requiring changes to be relevant to the bill. He stated that they would be reviewing the amendments for any issues.
The passage of the bill sparked debates and discussions among Texas residents, law enforcement, and gun advocates. Some Democrats and state lawmakers from El Paso denounced the bill, which came during the first legislative session since the 2019 massacres. Gun control advocates expressed disappointment, arguing that it made it easier to carry firearms after repeated instances of gun violence.
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Opposition from law enforcement
Texas' "constitutional carry" bill, also known as House Bill 1927, was passed by the Texas Senate in May 2021. The bill allows Texans over the age of 21 to carry a handgun in public in a holster without a permit unless they have a criminal history.
The "constitutional carry" bill faced significant opposition from law enforcement officials and leaders, who expressed concerns about public safety and the potential dangers to both residents and officers. They argued that the bill would make the jobs of law enforcement officers more difficult and dangerous, especially in the context of increasing crime rates and recent mass shootings in the state.
Texas Municipal Police Association Executive Director Kevin Lawrence stated, "We're concerned that this bill passing will make the jobs for our law enforcement officers more difficult and more dangerous... This bill is just bad public policy." He also highlighted the existing constitutional carry laws in Texas, comparing the requirement of a license to carry a gun to other licensed activities such as driving a car.
San Marcos Police Chief Stan Standridge, former president of the Texas Police Chiefs Association, shared similar concerns, emphasizing the lack of training and firearms awareness that would result from the bill:
> "We are opposed to House Bill 1911, which—if passed—would make it legal for a person who meets the eligibility requirements for obtaining a handgun license to now carry a handgun without a permit, without any level of training or firearms awareness."
Some law enforcement officials also worried that the bill could increase crime and put people in danger. James McLaughlin, executive director of the Texas Police Chiefs Association, questioned the purpose of the bill, stating, "I don’t know what it’s a solution to. I don’t know what the problem was to start with."
In response to these concerns, the lawmakers altered certain provisions in the bill, including removing a section that would have banned officers from questioning someone based solely on their possession of a handgun.
Despite the opposition, the bill ultimately passed in the Texas Senate, with all Republicans voting in favor.
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Support from Governor Greg Abbott
Texas Governor Greg Abbott has been a vocal supporter of the state's constitutional carry bill, also known as House Bill 1927. This bill allows Texans to carry handguns in public without a license, as long as they are over the age of 21 and do not have a criminal history. Abbott has stated that he believes the bill is about "the advancement of self-defense and the belief in, and trust of, law-abiding citizens to avail themselves of their Second Amendment right to self-defend".
Abbott's support for the bill is in line with his history of defending gun rights in Texas. He has stated that "Texas will always be the leader in defending the Second Amendment, which is why we built a barrier around gun rights this session". In addition to signing HB 1927 into law, Abbott has also signed several other bills that expand gun rights in the state. These include HB 957, which removes firearm suppressors from the list of prohibited weapons, and HB 1500, which designates firearms and ammunition sellers and manufacturers as essential businesses.
During the signing ceremony for HB 1927, Abbott was exuberant, hailing two men who had opened fire on separate mass shooters at Texas churches as heroes. He also thanked the Texas Legislature for getting the bill to his desk. Abbott's support for the constitutional carry bill has been criticised by some, who argue that it is irresponsible and will lead to more violence, particularly against women in abusive relationships. However, Abbott has remained steadfast in his defence of the bill, arguing that it restores the Constitution's intended purpose.
Governor Abbott's vocal support for the constitutional carry bill played a key role in its passage through the Texas Senate. Initially, the bill faced opposition from Lt. Gov. Dan Patrick, who oversees the Senate, due to a lack of support among senators. However, with Abbott's encouragement, the Senate eventually passed a heavily amended version of the bill that included safeguards demanded by law enforcement groups. These amendments addressed concerns about domestic violence offenders and stiffened penalties for felons carrying weapons. Abbott's public statements in favour of the bill, along with his promise to sign it if it reached his desk, likely influenced senators' decision to ultimately support it.
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The bill's journey through the House and Senate
The Texas Constitutional Carry bill, also known as HB 1927, has had a tumultuous journey through the House and Senate.
The bill, which would allow most people over the age of 21 to carry a handgun in a holster without a permit unless they have a criminal history, initially faced opposition from law enforcement groups and some lawmakers. Despite this, the Texas House approved the bill, and it moved on to the Senate.
In the Senate, Lt. Gov. Dan Patrick, who oversees the Senate, initially stated that the bill did not have enough votes to pass. However, after amendments were made to address concerns, particularly those related to domestic violence and penalties for offenders, the Senate agreed to a heavily amended version of the bill. The amended bill then passed the Senate by an 18-13 vote, with all Republicans in the Senate voting for it.
Following the Senate's approval, the bill returned to the House to consider the changes made by senators. The House could either accept the changes and send the bill to Gov. Greg Abbott for final approval or send it to a conference committee to hash out the differences before presenting a final version to both houses for approval.
The journey of the Texas Constitutional Carry bill through the House and Senate has been marked by debate and negotiation, with lawmakers working to balance the rights of law-abiding citizens to bear arms with concerns for public safety, especially regarding domestic violence and the potential dangers of allowing unlicensed individuals to carry guns in public.
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Frequently asked questions
The Texas Constitutional Carry is a law that removes the requirement to have a license to carry a handgun in Texas.
The Texas Senate approved the constitutional carry bill in May 2021, and it was sent back to the House for consideration of changes made by the Senate.
The bill allows any person over the age of 21 in Texas to carry a handgun without a permit unless they have a criminal history. It also includes stiffer penalties for felons and those convicted of domestic violence offenses carrying weapons illegally.
The bill passed by an 18-13 vote, with all Republicans in the Senate voting for it. However, it still had to go through further steps before becoming law, including another vote in the House and final approval from the governor.
