Malcolm Rivera
On June 16, 2021, Texas Governor Greg Abbott signed House Bill 1927, also known as the Constitutional Carry or Permitless Carry bill, into law. The bill allows Texans aged 21 and over to carry handguns—openly or concealed—without obtaining a state-issued license, as long as they are not excluded from possessing a firearm by federal or state law. Before the bill was passed, Texans had to obtain a license to carry a handgun, which required training, a proficiency exam, and a background check. The passage of the bill has sparked a lot of debate between its proponents and opponents.
| Characteristics | Values |
|---|---|
| Date signed into law | June 16, 2021 |
| Effective date | September 1, 2021 |
| Signed by | Governor Greg Abbott |
| Bill name | Firearm Carry Act of 2021, HB 1927, Permitless Carry Bill, Constitutional Carry Bill |
| Who it applies to | Texans 21 and over who are not prohibited by state or federal law from possessing a gun |
| What it allows | Carrying a firearm in public, openly or concealed, without a license |
| Previous requirements | Up to six hours of training, a written exam, a shooting proficiency test, fingerprinting, and a background check |
| Where guns are prohibited | Schools, private properties with "No Guns Allowed" signs, bars and businesses that make 51% of their receipts from alcohol, government meeting rooms, post offices, military installations |
| Other provisions | Enhanced criminal penalties for domestic violence offenders and felons caught carrying a handgun |
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What You'll Learn
The Firearm Carry Act of 2021
Prior to this Act, Texans were required to obtain a License to Carry (LTC) from the Texas Department of Public Safety (DPS) in order to carry a handgun, either openly or concealed. The LTC process included submitting fingerprints, undergoing training, and passing written and shooting proficiency tests.
The Act also addresses firearm safety, with the Texas Department of Public Safety developing and providing free access to a course on firearm safety and handling. This course covers various topics, including the basic components of handguns, safe loading and unloading, holstering and unholstering, and secure storage.
Furthermore, the Firearm Carry Act of 2021 does not override private property owners' rights to prohibit others from carrying firearms on their premises. Property owners can post signs indicating that firearms are not allowed, and individuals must comply with these legally binding notices. Similarly, certain events, such as concerts, rallies, and parades, may also have restrictions on firearm possession.
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Open carry vs. concealed carry
Texas law no longer requires people to have a license to carry (LTC) to carry a handgun in most public places. Texans can still get an LTC if they wish, as it may carry additional benefits. For example, an LTC makes buying new guns much easier, as it bypasses the background check. It also generally leads to better interactions with law enforcement.
Open carry can keep you safer in the wilderness during activities like hiking and biking, as it allows for quicker and more effective access to your weapon in an emergency. It can also make you safer by keeping those around you calmer, as some people are nervous around firearms, and others might be hostile if they don't share your opinions on guns. However, carrying a gun openly can also attract attention, and in certain circumstances, it might make you more likely to experience an accidental discharge.
With concealed carry, you can keep your firearm out of plain sight, such as in a concealed holster under your clothes or in your purse or briefcase. This can be better for self-defence, as it gives you the element of surprise and makes it harder for a criminal to disarm you. However, you must be careful to choose a secure holster and keep your safety engaged at all times.
In Texas, you can open carry a long gun if it is not displayed in a way that is 'calculated to alarm' others. Texans can only open carry handguns in a public area if they are in a holster, although there are no restrictions on the type of holster. The law also authorises open carry of handguns by some security officers, as well as most individuals who are on their own property, and people engaging in a legal activity, including sports shooting. To qualify for permitless open carry, you must be over 21 and not have been convicted in the last five years of certain crimes.
It is important to remember that Texas law restricts carrying handguns openly in cars or watercraft under your control, unless the firearm is in a holster. You could also face an unlawful carrying charge if you carry a gun on private property, depending on whether the property owner has banned the carrying of handguns.
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Criminal record and mental health
Texas's constitutional carry law, which came into effect on September 1, 2021, allows residents to carry handguns in public without a license or permit. However, this law does not apply to everyone, and there are still eligibility requirements that must be met.
Criminal Record
People with certain criminal records are prohibited from carrying a weapon in Texas. This includes individuals with convictions for domestic violence or certain types of assault. Additionally, Texas law maintains prohibitions on firearm possession by felons, fugitives from justice, and those under 21 years of age.
Mental Health
Individuals with a history of mental health issues that have resulted in court-ordered restrictions are also barred from carrying firearms. Federal law prohibits firearm possession by those who have been found to be a danger to themselves or others due to a mental condition or illness. This includes individuals who have been involuntarily hospitalised or committed to a mental health facility by a lawful authority.
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Private property and events
Texas constitutional carry allows eligible Texans to carry a handgun in public without a license or permit. This means that Texans can carry a firearm in most public places, including parks, streets, and sidewalks. However, there are certain places and events where firearms are prohibited or restricted.
Private property owners in Texas have the right to prohibit others from carrying firearms on their premises. This includes businesses and residential properties. Property owners can post signs at entrances or give notice in other ways to indicate that firearms are not allowed. These signs are legally binding, and failing to comply with them can result in criminal trespassing charges.
Businesses that serve alcohol, such as bars, are considered dangerous environments for firearms, and it is illegal to carry a firearm in these establishments. Hospitals, nursing facilities, and mental hospitals are also places where firearms are typically prohibited.
Certain events in Texas may also have restrictions on firearms. For example, concerts, rallies, and parades may prohibit firearms. It is important to check the guidelines for specific events, especially those held at large venues like the AT&T Stadium in Arlington or the Toyota Center in Houston.
It is worth noting that Texas law sets the minimum age to carry a firearm at 21 years, and individuals with certain criminal records, such as convictions for domestic violence or specific types of assault, are prohibited from carrying weapons. Additionally, intoxicated individuals are not permitted to carry firearms, and it is important to comply with open carry and concealed carry regulations in allowed locations.
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Age requirement
Texas law sets the age requirement to carry a gun at 21 years of age. 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 18-to-20-year-olds may not be prosecuted under this restriction based solely on their age. As a result, the Department of Public Safety stated that they would no longer deny applications for LTCs solely because the applicants are 18 to 20 years old.
House Bill 1927 (HB 1927), also referred to as the Permitless Carry Bill, removed the requirement for Texans aged 21 and older to obtain a license to carry before they can possess a firearm. The bill was signed into law by Governor Greg Abbott on June 16, 2021, and went into effect on September 1, 2021.
Prior to the passage of HB 1927, Texans had to obtain a license to carry (LTC) a handgun, and if they wanted to conceal carry, they needed a license specific to that. The new bill allows Texans to openly carry a firearm if it is secured in a holster. Texans can still obtain an LTC if they wish, for example, if they want to carry their handgun in another state with a reciprocity agreement with Texas.
HB 918, which came into effect on September 1, 2021, amended the Government Code to allow Texans aged 18 to 20 to apply for an LTC if they meet all other license requirements and are protected under an active protective order or magistrate's order for emergency protection.
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Frequently asked questions
Constitutional carry in Texas is the concept that a person is legally permitted to possess a firearm openly or concealed in a public place without a certified permit.
Only those at least 21 years old can carry a handgun in Texas. People with certain criminal records, such as those convicted of domestic violence or certain types of assault, cannot carry a weapon. Citizens and lawful residents can carry, provided they meet the age and criminal background criteria. Undocumented immigrants or those barred from residing in the state cannot legally carry firearms.
You can carry a firearm in most public places, with some notable exceptions. Firearms are prohibited in schools, educational institutions, and school transportation vehicles. They are also prohibited in bars and other businesses that make 51% of their receipts from alcohol sales. Private property owners can also prohibit others from carrying firearms on their premises.
