Simone Lawson
HB 1927, also known as the Firearm Carry Act of 2021 or the constitutional carry bill, allows legally eligible gun owners over the age of 21 to carry their firearms without a Texas License to Carry (LTC). The bill repeals the requirement for a belt or shoulder holster, allowing both open and concealed carry without a license, provided the firearm is in a holster if any part of it is visible. HB 1927 does not change who can purchase or possess a firearm or how they can purchase it, and firearm purchases still require a background check unless the purchaser has a valid LTC.
| Characteristics | Values |
|---|---|
| Who can carry? | Legally eligible gun owners 21 years and older |
| Requirements | No Texas License to Carry (LTC) required |
| Places allowed | Not schools, polling places, courts, racetracks, airports, bars, correctional facilities, civil commitment facilities, hospitals, nursing homes, mental hospitals, amusement parks, government meetings, etc. |
| Places prohibited | On federal property, post office property, military installations, and businesses that qualify as bars |
| Other restrictions | Cannot carry while intoxicated in a public place, cannot carry without a license until five years have elapsed from the date of conviction for certain misdemeanour crimes |
| Purchase and possession | Does not change who can purchase or possess a firearm or how an individual can purchase a firearm |
| Background checks | Still required for firearm purchases at retail stores or through gun dealers unless the purchaser has a valid LTC |
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What You'll Learn
- HB 1927 allows open and concealed carry without a license
- It repeals the requirement that handguns must be in a belt or shoulder holster
- It prohibits the unlicensed carrying of a firearm in a public place while intoxicated
- It allows for the expunction of criminal records for unlawful carrying of a handgun in a non-prohibited place
- It increases penalties for unlawful possession of a firearm by felons, individuals convicted of a Class A misdemeanour, and individuals subject to a protective order
HB 1927 allows open and concealed carry without a license
HB 1927, also known as the Firearm Carry Act of 2021 or the constitutional carry bill, allows individuals to carry handguns openly or concealed without a license. This law came into effect on September 1, 2021, in Texas, and applies to individuals aged 21 or older. However, it is important to note that certain conditions and restrictions still apply.
Firstly, while HB 1927 removes the requirement for a license to carry, it does not change the eligibility criteria for firearm ownership. Individuals must still be legally eligible to purchase and possess handguns under both federal and Texas law. This means that certain individuals, such as felons and those with recent convictions for specific misdemeanour crimes, are prohibited from carrying firearms under HB 1927. Additionally, carrying a firearm while intoxicated in a public place remains illegal.
Secondly, there are specific locations where carrying a firearm is still prohibited, even with HB 1927. These prohibited places include schools, college campuses, polling places, courts, racetracks, airports, bars, sporting events, correctional facilities, hospitals, nursing homes, amusement parks, and governmental open meetings. Private businesses can also prohibit unlicensed carry by posting notices or displaying traditional "gun buster" signs. Carrying a firearm on federal property, including post offices and military installations, remains a federal felony offense.
It is worth noting that HB 1927 does not impact an employer's right to prohibit employees from carrying firearms in the workplace. Additionally, the law includes specific verbiage regarding the interaction between law enforcement officers and individuals carrying firearms. Officers can disarm an individual if they believe it is necessary for the protection of the person or others and must return the weapon before the person is released, unless the firearm is stolen or the person is arrested.
While HB 1927 allows for open and concealed carry without a license, it is important for individuals to be aware of the specific restrictions and conditions that apply. Understanding and complying with these regulations are essential to ensure safe and responsible firearm ownership and carrying practices.
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It repeals the requirement that handguns must be in a belt or shoulder holster
HB 1927, also known as the Firearm Carry Act of 2021 or the constitutional carry bill, allows individuals aged 21 and above to carry firearms in both open and concealed manners without a Texas License to Carry (LTC). It repeals the requirement that handguns must be in a belt or shoulder holster. However, if any part of the handgun is visible, it must be holstered.
The bill does not change the criteria for firearm purchases or possession. All firearm purchases, whether at retail stores or through gun dealers, still require a background check unless the purchaser has a valid LTC. Certain individuals are prohibited from carrying firearms under HB 1927, including felons, individuals convicted of specific misdemeanour crimes, and those subject to protective or restraining orders.
Additionally, HB 1927 maintains specific locations as prohibited places for individuals without an LTC, such as schools, colleges, polling places, courts, racetracks, airports, bars, correctional facilities, hospitals, nursing homes, amusement parks, and governmental open meetings. It also prohibits the unlicensed carrying of firearms in public places while intoxicated and on federal property, including post offices and military installations.
Regarding interactions with law enforcement, HB 1927 specifies that law enforcement officers can disarm an individual if they believe it is necessary for the protection of the person, themselves, or others. The firearm must be returned to the individual before their release from the scene unless it is found to be stolen or the person is arrested.
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It prohibits the unlicensed carrying of a firearm in a public place while intoxicated
HB 1927, also known as the Firearm Carry Act of 2021 or the constitutional carry bill, allows licensed and unlicensed individuals to carry firearms in public places. However, it is important to note that the bill specifically prohibits the unlicensed carrying of a firearm in a public place while intoxicated. This means that individuals who do not have a Texas License to Carry (LTC) are not permitted to carry firearms in public spaces if they are intoxicated.
The bill sets out to define what constitutes as being intoxicated while carrying a firearm, and the penalties for doing so. While the specific penalties for violating this provision are not outlined, it is likely that they would be in line with other firearm-related offences. HB 1927 maintains that certain places will remain prohibited for individuals carrying firearms, regardless of their license status. These places include schools, college campuses, polling places, courts, racetracks, airports, bars, sporting events, hospitals, nursing homes, amusement parks, and governmental open meetings.
The bill also addresses the signage that businesses and other establishments must post to notify customers and visitors of their firearm policies. While HB 1927 repeals the requirement for TABC signs in locations that sell alcohol but do not serve it on the premises, such as grocery stores and gas stations, it introduces new signage requirements for bars. The Texas Alcoholic Beverage Commission mandates that businesses that qualify as bars due to their alcohol sales must post a sign notifying customers that they are prohibited from carrying firearms on the premises.
In addition, churches and private businesses retain the right to prohibit the unlicensed carrying of handguns on their property, including allowing only concealed carry while prohibiting open carry. They can do so by posting specific signs or any other written or verbal notice that clearly communicates the prohibition to individuals entering the property.
It is worth noting that HB 1927 does not change the eligibility requirements for purchasing or possessing a firearm. All firearm purchases, whether from retail stores or gun dealers, still require a background check unless the purchaser has a valid LTC. The bill also increases penalties for unlawful possession of a firearm by felons and individuals convicted of certain misdemeanour crimes, including family violence and domestic violence.
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It allows for the expunction of criminal records for unlawful carrying of a handgun in a non-prohibited place
HB 1927, also known as the Firearm Carry Act of 2021, allows for the expunction of criminal records for the unlawful carrying of a handgun in a non-prohibited place. This means that individuals who were previously convicted of unlawfully carrying a handgun in a location that was not listed as prohibited under Penal Code 46.02(a) before September 1, 2021, may be eligible to have their criminal records expunged.
The expunction of criminal records is a legal process that involves the sealing or destruction of criminal records, allowing individuals to effectively clear their criminal history. This can be a beneficial outcome for those with convictions, as it can restore various civil rights and improve employment and housing opportunities.
It is important to note that the expunction process may vary depending on the jurisdiction and the specific circumstances of the case. Individuals seeking expunction of their criminal records for unlawful handgun carrying should consult with a legal professional to understand the specific requirements and procedures in their area.
HB 1927 has significant implications for gun laws in Texas. It allows legally eligible gun owners aged 21 and above to carry their firearms openly or concealed without an LTC (License to Carry). However, it is important to note that HB 1927 does not change the requirements for purchasing or possessing a firearm. All firearm purchases, whether from retail stores or gun dealers, still require a background check unless the purchaser has a valid LTC.
Additionally, HB 1927 maintains specific restrictions on carrying firearms in certain locations and situations. These prohibited places include schools, colleges, polling places, courts, racetracks, airports, bars, sporting events, hospitals, nursing homes, amusement parks, and governmental open meetings. Private businesses can also prohibit unlicensed carry by posting notices or using traditional "gun buster" signs.
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It increases penalties for unlawful possession of a firearm by felons, individuals convicted of a Class A misdemeanour, and individuals subject to a protective order
HB 1927, also known as the Firearm Carry Act of 2021 or the constitutional carry bill, allows individuals to carry their firearms without a Texas License to Carry (LTC) as long as they are legally eligible gun owners aged 21 or older. However, it is important to note that HB 1927 does not change the requirements for purchasing or possessing a firearm. Firearm purchases at retail stores or through gun dealers still require a background check unless the purchaser has a valid LTC.
One of the key provisions of HB 1927 is that it increases penalties for unlawful possession of a firearm by certain individuals. Specifically, it targets felons, individuals convicted of specific misdemeanour crimes, and those subject to protective orders. This measure aims to deter individuals who are not legally permitted to possess firearms from doing so and to enhance public safety.
Felons, or individuals convicted of crimes punishable by imprisonment for more than one year, are prohibited from possessing firearms under HB 1927. This restriction extends to those who have been convicted of misdemeanour crimes of domestic violence or family violence, as defined by the law. Additionally, individuals who are subject to protective orders, such as restraining orders for harassment, stalking, or threatening intimate partners, are also prohibited from possessing firearms under HB 1927.
The bill outlines that individuals convicted of a Class A misdemeanour crime of family violence are subject to increased penalties if they are found in unlawful possession of a firearm. The specific misdemeanour crimes outlined in the bill include assault causing bodily injury, deadly conduct, terroristic threat, and disorderly conduct. It is important to note that individuals convicted of these crimes within the last five years are disqualified from obtaining an LTC and, therefore, cannot carry a firearm legally under HB 1927.
HB 1927 also addresses the carrying of firearms in public places, including restrictions on carrying while intoxicated and carrying in certain prohibited locations, such as schools, government buildings, and bars. These provisions aim to balance the rights of gun owners with the need to maintain public safety and respect for private property rights.
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Frequently asked questions
HB 1927, also known as the Firearm Carry Act of 2021, is a bill that allows legally eligible gun owners aged 21 and above to carry their firearms without a Texas License to Carry (LTC).
To be eligible, individuals must be able to legally purchase and possess handguns under both federal and Texas law. They must not have been convicted within the last five years of certain misdemeanour crimes, including assault causing bodily injury, deadly conduct, terroristic threat, and disorderly conduct.
Yes, HB 1927 maintains certain prohibited places for individuals without an LTC, including schools, colleges, polling places, courts, racetracks, airports, bars, correctional facilities, hospitals, nursing homes, amusement parks, and governmental open meetings.
Yes, private businesses can prohibit unlicensed carry by posting specific signs under Penal Code 30.05 or displaying traditional "gun buster" signs. Churches are also allowed to prohibit unlicensed carry under Penal Code 30.05.
HB 1927 prohibits the unlicensed carrying of a firearm in a public place while intoxicated. Carrying a firearm on federal property, including post offices and military installations, is also restricted by federal law.
