Eleanor Finch
Texas law has undergone several changes in the past few years, with the passing of the Firearm Carry Act of 2021, also known as HB 1927, which allows Texans to carry handguns with or without a license. This act, also referred to as the constitutional carry or permitless carry bill, enables Texans over the age of 21 to carry a firearm openly or concealed without a license, with certain restrictions on location. While this bill grants Texans more freedom to carry firearms, it is important to note that there are still places where firearms are prohibited, such as correctional facilities, hospitals, and certain private properties.
| Characteristics | Values |
|---|---|
| License requirement | Texans no longer need a license to carry (LTC) a handgun in most public places. |
| Age requirement | Texans must be 21 or older to carry a handgun. |
| Prohibited places | Correctional facilities, civil commitment facilities, hospitals, nursing facilities, mental hospitals, schools, sporting events, military installations, and private properties or businesses that give notice under Penal Code 30.05. |
| Holster requirement | Handguns must be carried in a holster if they are partially or wholly visible. |
| Limit on number of firearms | There is no limit to the number of handguns that can be carried. |
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What You'll Learn
Texas gun laws allow for open carry without a license
Texas gun laws underwent significant changes in 2021, with the passage of House Bill 1927, also known as the Permitless Carry Bill. This bill eliminated the requirement for Texans to obtain a license to carry (LTC) before possessing a handgun. Now, Texans over the age of 21 can openly or conceal carry a handgun without a certified permit, as long as they are not restricted from possessing firearms under federal or state law. This bill was signed into law by Governor Greg Abbott on June 16, 2021, and marked a pivotal moment for gun owners in Texas.
Prior to this legislation, Texas residents were required to obtain a license to carry a handgun, and if they wanted to conceal carry, they needed a specific license for that purpose. The new law gives Texans the freedom to choose between open carry and conceal carry without the need for a license. However, it's important to note that there are still restrictions on where firearms can be carried, and Texans must comply with these regulations to avoid legal consequences.
Under the new law, Texans can still obtain an LTC if they wish, as it may provide additional benefits. For example, a person with an LTC who is carrying a handgun and is asked by a peace officer to show identification must display their LTC along with their driver's license or identification certificate. Additionally, there are different rules for unlicensed carry and licensed carry near schools and colleges, and Texans may need an LTC if they want to carry their handgun in another state with a reciprocity agreement with Texas. Texans are advised to refer to the Texas State Law Library for detailed information on gun laws and their eligibility to carry firearms.
While Texas gun laws allow for open carry without a license, it's important to be mindful of places where firearms are prohibited. These include correctional facilities, civil commitment facilities, hospitals, nursing facilities, mental hospitals, and certain private properties. Additionally, Texans are prohibited from carrying firearms at high school, college, interscholastic, or professional sporting events, unless they are participants and the event involves the use of the weapon. Texans should also be aware of the penalties for unlawful carry and possession of firearms, which have been enhanced under the new legislation.
In conclusion, Texas gun laws have evolved to allow for open carry without a license, giving Texans enhanced freedom to possess and carry firearms. However, it is crucial for Texans to stay informed about the specific regulations, restrictions, and penalties associated with gun ownership and carry to ensure they comply with the law and respect the safety of their communities.
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There are still restrictions on where a firearm can be carried
Texas law states that people can carry guns wherever they are not prohibited. However, there are still some places where firearms are banned. These include correctional facilities, civil commitment facilities, hospitals, nursing facilities, and mental hospitals. Additionally, it is prohibited to carry a firearm on another person's private property, as well as private businesses that give notice under Penal Code 30.05. Carrying a firearm into a post office or military installation is also a felony offense.
Furthermore, Texas law sets the age requirement to carry a gun at 21 years old. While a 2022 federal court case ruled that 18-to-20-year-olds could not be prosecuted based solely on their age, this does not give them the right to carry a handgun if they were prohibited from doing so before the amendment. Texas law also does not 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, including those with certain convictions and felony convictions.
In terms of how firearms can be carried, Texas law requires that handguns must be carried in a holster. It is also worth noting that openly carrying a firearm does not grant the right to do so on another person's property if asked to leave by someone with apparent authority. Texas's disorderly conduct law also regulates how people can carry a firearm, prohibiting the display of a firearm in a public place in a manner calculated to alarm.
While Texas law has removed the requirement for a license to carry a handgun, residents can still obtain a license if they wish. This includes a four- to six-hour training course, a written exam, and a shooting proficiency demonstration.
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Texans can still obtain a license to carry
Texas law no longer requires people to have a license to carry (LTC) to carry a handgun in most public places. However, Texans can still obtain a license to carry if they wish. The LTC program was not repealed by House Bill 1927, and Texans who want a license can still apply for one with the DPS.
There are several benefits to obtaining an LTC. For example, it allows the licensee to carry in states that have reciprocity agreements with Texas. It can also serve as an alternative to a background check when purchasing a firearm. Texans under the age of 21 but over 18 can also apply for an LTC, as DPS will no longer deny applications for LTCs solely on the basis of age.
It is important to note that even with an LTC, there are still places where carrying a firearm is prohibited. These places include correctional facilities, civil commitment facilities, hospitals, nursing facilities, and mental hospitals. Additionally, Texans with an LTC must carry their handguns in a holster, and they cannot carry them in businesses that post signage prohibiting the open or concealed carry of firearms.
Texans who choose to carry a firearm without an LTC should be aware of the restrictions and requirements that apply to them. For example, they must be over the age of 21 and cannot be prohibited by state or federal law from possessing a firearm. They must also comply with the restrictions on where they can carry a firearm, such as not carrying it on private property or in businesses that post signage prohibiting the carry of firearms.
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The law does not limit the number of handguns that can be carried
Texas is a constitutional carry state, meaning that anyone not prohibited by law from possessing a firearm may carry a handgun openly or concealed without a permit. Texas law does not limit the number of handguns that can be carried. Individuals may carry as many handguns as they choose, whether it is one, two, or more. There is no legal restriction on the quantity.
The state's gun laws allow residents to carry handguns in most public places without a permit. This includes restaurants, stores, and other public spaces. However, it is important to note that there are still some restrictions on where handguns can be carried, even in a constitutional carry state like Texas. For example, handguns are typically prohibited in schools, government buildings, and other designated gun-free zones.
The law also does not specify how the handguns should be carried. Individuals may choose to carry their handguns in a holster, bag, or any other manner they see fit. The lack of restriction on the number of handguns and the method of carry provides individuals with flexibility and the ability to make choices based on their personal preferences and comfort.
While Texas law allows for the open carry of handguns, there are still some important regulations and restrictions to keep in mind. For instance, individuals must still adhere to the state's laws regarding the unlawful carrying of weapons, which include restrictions on carrying handguns in certain locations, such as schools, hospitals, and amusement parks. Additionally, federal laws and regulations regarding the purchase, ownership, and transportation of firearms still apply in Texas.
It is important for individuals to stay informed about the specific laws and regulations related to firearm possession and carry in Texas. While the state's constitutional carry law provides significant freedom, understanding and complying with all applicable laws is essential to ensure safe and responsible gun ownership and carry. Responsible gun ownership includes proper training, secure storage, and adherence to all relevant laws and regulations.
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The law does not define the word holster
Texas gun laws have undergone significant changes in recent years, with the state now allowing constitutional carry. This means that Texans can carry a handgun in most public places without a license. However, there are still specific criteria that must be met to carry a gun openly. These include being 21 or older, not having prior felony convictions, and carrying the gun in a holster.
The law does not define the word "holster", and while it previously specified a "shoulder or belt holster", this requirement was removed in 2021. Now, as long as the handgun is partially or wholly visible, it simply must be in a holster. This means that individuals can choose from a wide range of holsters, including shoulder, belt, belly band, ankle, and pilot holsters, among others.
The change in the law means that Texans now have greater flexibility in how they carry their handguns. However, it is important to note that the law still prohibits the possession or use of a gun in certain places, such as another person's private property or private businesses that give notice under Penal Code 30.05.
In addition, Texas law sets out other requirements for carrying handguns, such as specific age limits and disqualifying convictions. It is also important to note that Texas law does not restrict who can carry a long gun, such as a rifle or shotgun, but some individuals are prohibited from owning or possessing any firearm by law.
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Frequently asked questions
No, as of 2021, Texas law no longer requires people to have a license to carry (LTC) to carry a handgun in most public places. However, Texans can still obtain an LTC if they wish.
Constitutional carry, also known as open carry, is the concept that a person is legally permitted to possess a firearm openly or concealed in a public place without a certified permit.
Yes, there are some restrictions on where a firearm can be carried in Texas. You are prohibited from carrying a firearm in certain places, including correctional facilities, civil commitment facilities, hospitals, nursing facilities, mental hospitals, and sporting events. Additionally, you may not carry a firearm on private property or in businesses that post signage prohibiting the carrying of firearms.
