Malcolm Rivera
Texas's constitutional carry legislation, also known as House Bill 1927, removes the requirement for Texans 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 by Governor Abbott on May 24, 2021, and went into effect on September 1, 2021. The legislation has been controversial, with gun control advocates raising concerns about easing access to firearms in light of recent instances of gun violence in the state.
| Characteristics | Values |
|---|---|
| Bill Number | HB 1927 |
| Bill Sponsor | Rep. Matt Schaefer |
| Bill Co-Sponsor | Sen. Charles Schwertner |
| Bill Signatory | Gov. Greg Abbott |
| Bill Summary | Removes the requirement for Texas residents to obtain a license to carry handguns if they’re not prohibited by state or federal law from possessing a gun. |
| Bill Status | Passed |
| Opposition | Gun control advocates |
| Opposition Arguments | Making it easier to carry firearms after repeated instances of gun violence |
| Support | Republicans, Gun rights activists |
| Support Arguments | Texas should follow the lead of at least 20 other states with similar laws |
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What You'll Learn
- House Bill 1927 removes the requirement for a license to carry handguns
- Texas gun laws do not require a license to openly carry a rifle
- Texas gun laws set the age requirement to carry a gun at 21 years of age
- Texas gun laws make some places always off-limits to firearms
- Gun control advocates are concerned about making it easier to carry firearms
House Bill 1927 removes the requirement for a license to carry handguns
House Bill 1927, also known as "constitutional carry", removes 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. Texans under current state law must generally be licensed to carry handguns, either openly or concealed. The bill was spearheaded by state Rep. Matt Schaefer, R-Tyler, and passed the Texas House in an 84-56 vote after several hours of emotionally charged debate. It then moved to the Texas Senate, where it passed in an 18-13 vote along party lines. The bill has faced opposition from gun control advocates, who argue that it would make it easier for people to carry firearms and potentially lead to more instances of gun violence. However, proponents of the bill, including Republicans, argue that Texas should follow the lead of at least 20 other states with similar laws.
Under the current state law in Texas, residents must be licensed to carry handguns openly or concealed. Applicants must submit fingerprints, complete four to six hours of training, and pass a written exam and a shooting proficiency test. House Bill 1927 would remove these requirements and allow Texans to carry handguns without any kind of license. The bill has been supported by gun rights activists who have pushed for this measure at the Legislature for years. However, it has been met with resistance from Democrats, especially those from El Paso, who have been fighting for gun safety measures since the 2019 massacre in their hometown.
During the debate on the bill, state Rep. Joe Moody, D-El Paso, recalled the day of the El Paso massacre in August 2019, where a gunman killed 23 people. Moody pleaded for action to prevent future tragedies and proposed an amendment to the bill that would have effectively killed the legislation. However, his proposed change failed, with a vote of 63-79. Several other amendments to the bill, many authored by Democrats, also failed to pass. Despite the opposition, the bill ultimately passed in the Texas House and Senate, with every Republican supporting it.
One of the concerns raised by opponents of the bill is the removal of the requirement to obtain a license to carry, which includes a criminal background check, training in safety and gun laws, and demonstrated proficiency in firearm use. They argue that this would make it harder for law enforcement to distinguish legal gun owners from criminals and potentially lead to more instances of gun violence. However, supporters of the bill, such as Sen. Charles Schwertner, R-Georgetown, disagree and frame it as a "restoration of the belief in and trust of our citizens" and a protection of the Second Amendment rights of citizens.
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Texas gun laws do not require a license to openly carry a rifle
In 2021, Texas passed a law that removed the requirement 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. Texans may also need an LTC if they want to carry their handgun in another state that requires a handgun license and has a reciprocity agreement with Texas.
Before 2021, Texans had to be licensed to carry handguns openly or concealed. Applicants had to submit fingerprints, complete four to six hours of training, and pass a written exam and a shooting proficiency test.
Gun control advocates have raised concerns about making it easier to carry firearms after repeated instances of gun violence, including the 2019 massacres in El Paso and Midland-Odessa. A solid majority of Texas voters do not think permitless carry should be allowed, according to a University of Texas/Texas Tribune poll.
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Texas gun laws set the age requirement to carry a gun at 21 years of age
Texas law does not specifically restrict the carrying of long guns, such as rifles or shotguns, by individuals under the age of 21. Federal law prohibits licensed firearms dealers from transferring handguns to individuals under 21 and restricts the transfer of rifles and shotguns to minors under 18. However, federal law does not restrict unlicensed people from transferring rifles and shotguns to minors at any age.
In recent years, Texas has moved towards "constitutional carry," which would eliminate 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. House Bill 1927, which passed in the state Senate in 2021, aimed to remove the license requirement for carrying handguns. This bill sparked debate, with proponents arguing that Texas should follow at least 20 other states with similar laws, while gun control advocates raised concerns about easing access to firearms in the wake of instances of gun violence in the state.
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Texas gun laws make some places always off-limits to firearms
Texas has some of the most permissive gun laws in the United States. Since September 1, 2021, Texas residents and non-residents over the age of 21 have been allowed to carry a handgun openly or concealed in most places without a license, as long as they are not prohibited by state or federal law from possessing a gun. However, there are still some places in Texas where firearms are always off-limits.
Firstly, federal buildings owned by the US Federal Government or its agencies for official business are covered by federal statutes that supersede state law. It is generally illegal to possess a firearm in these locations, and a state-issued concealed firearms permit does not override this. Such places include post offices, federal courts, and offices of the IRS, FBI, Justice Department, Department of Energy, USDA, and FDA.
Secondly, it is a felony to carry a firearm inside a building being used as a polling center for any municipal, state, and/or federal elections, even if the polls are not open at the time. This includes buildings that would normally not prohibit concealed carry but are being used as polling places.
Thirdly, it is a felony to carry a firearm on the premises of racetracks (horse or dog racing) and secure areas of airports.
Finally, openly carrying a firearm is not permitted on the premises of public or private institutions of higher education.
In addition, Texas's disorderly conduct law prohibits displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm. This includes discharging or displaying a firearm in certain situations.
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Gun control advocates are concerned about making it easier to carry firearms
Gun control advocates are concerned about the implications of Texas's constitutional carry legislation, which removes the requirement for a license to carry a handgun. This means that, in addition to rifles, Texans aged 21 and over will be able to carry handguns without a license as long as they are not prohibited by state or federal law from possessing a gun.
Gun control advocates worry that this legislation will make it easier for people with harmful intentions to access firearms, increasing the risk of gun violence. This concern is heightened by the recent instances of gun violence in Texas, including the 2019 massacres in El Paso and Midland-Odessa, and the back-to-back shootings in 2019 that left 30 people dead.
Currently, Texans must generally be licensed to carry handguns openly or concealed. The process of obtaining a license includes submitting fingerprints, completing four to six hours of training, and passing a written exam and a shooting proficiency test. The new legislation removes these requirements, which gun control advocates argue are essential safety measures. They emphasize the importance of background checks and training in ensuring that only responsible and qualified individuals can obtain firearms.
Additionally, there is concern that law enforcement will face challenges in identifying individuals who are legally carrying firearms from those who are not, as the lack of a permit requirement makes it difficult to distinguish between lawful and unlawful gun carriers. This could potentially hinder their ability to effectively maintain public safety and respond to active shooter situations.
While the constitutional carry legislation has been supported by Republicans and gun rights advocates, who argue that it restores trust in citizens' Second Amendment rights, it has also faced opposition from Democrats and gun control supporters. They emphasize the potential risks associated with easing restrictions on firearm carriage and believe that maintaining robust regulations is crucial for preventing gun-related tragedies.
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Frequently asked questions
The constitutional carry legislation in Texas, also known as House Bill 1927, removes 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.
Proponents of the legislation, mainly Republicans and gun rights advocates, argue that Texas should follow the lead of at least 20 other states with similar laws. They believe that it is a restoration of trust in the citizens and their right to bear arms as granted by the Constitution.
Gun control advocates oppose the legislation as it makes it easier for people to carry firearms, which could potentially lead to increased instances of gun violence. They also argue that repealing the licensing requirement would mean people could carry handguns without undergoing background checks or proper training.
The legislation was passed by the Texas Senate and House in 2021 and was signed by Governor Greg Abbott. It went into effect on September 1, 2021, allowing most Texans who can legally possess a firearm to carry in public places, except for designated "gun-free zones" like schools, without a license to carry (LTC) or a disaster evacuation permit.
