Jonah Patel
On September 1, 2021, Texas Governor Greg Abbott signed the Firearm Carry Act of 2021 into law, allowing Texans to carry handguns without a license or training. Also known as House Bill 1927 and constitutional carry, the law 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 law applies to both open carry in a holster and concealed carry, where no part of the firearm is visible. Texans aged 21 and over can now carry handguns—openly or concealed—without obtaining a state-issued license, provided they are not excluded from possessing a firearm by another federal or state law.
| Characteristics | Values |
|---|---|
| Date of Enactment | September 1, 2021 |
| Bill Number | HB 1927 |
| Enacted by | Governor Greg Abbott |
| Age Requirement | 21 years and over |
| Type of Firearm | Handguns |
| Carry Type | Open or concealed |
| Previous Requirements | State-issued license, training, proficiency exam, and background check |
| Current Requirements | No license or permit required; background check for firearm purchase |
| Applicable Law | Second Amendment |
| Supporters | Second Amendment advocates, conservative leadership, gun rights activists |
| Opponents | Police unions, handgun instructors, Democrats |
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What You'll Learn
Texas is a shall-issue state
On September 1, 2021, Texas Governor Greg Abbott signed House Bill 1927, also known as the "constitutional carry" or "permitless carry" bill, into law. This bill eliminated 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. This means that, as of September 1, 2021, permitless concealed carry and open carry are legal for anyone at least 21 years old who may lawfully possess a handgun. The new law applies to both open carry in a holster and concealed carry, where no part of the firearm is visible.
The passage of this bill was a significant win for conservative activists and gun rights advocates who had long lobbied the Texas Legislature for permitless carry. However, it also raised concerns about public safety and was met with resistance from gun safety advocates, especially in light of mass shootings in the state. Texas has seen a significant rise in firearm-related fatalities over the past two decades, with the firearm death rate in 2021 reaching 15 per 100,000 people, marking a 50% increase since 1999. This trend has been attributed to several factors, including easier access to firearms and increased violence during the COVID-19 pandemic.
In addition to the "constitutional carry" bill, Texas lawmakers have also passed several other gun-related laws in recent years that loosen restrictions on carrying guns in public. For example, starting September 1, 2021, landlords are no longer able to prevent tenants or their guests from carrying firearms, and licensed gun owners are allowed to carry handguns in places of worship, even if those entities provided oral or written notice prohibiting firearms on their property. Additionally, in the wake of the Santa Fe shooting, Governor Abbott signed a bill that abolishes the cap on how many school marshals can carry guns at public schools.
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Texans 21 and over can carry handguns without a license
On September 1, 2021, Texas Governor Greg Abbott signed the Firearm Carry Act of 2021 into law, allowing Texans 21 and over to carry handguns without a license. Known by supporters as "constitutional carry," House Bill 1927 permits Texans 21 and over to carry handguns—either openly or concealed—without obtaining a state-issued license, provided they are not prohibited by state or federal law from possessing a firearm.
Previously, Texans who wanted to carry a handgun needed a state-issued license, which required training, a proficiency exam, and a background check. The new law eliminates these requirements, allowing Texans over 21 to carry handguns without any training or licensing. However, a background check is still required when purchasing a firearm.
Supporters of the law argue that it "restores" Second Amendment rights, removing barriers to carrying a handgun in public places. They believe that requiring a permit or license impedes their constitutional right to bear arms. On the other hand, opponents argue that the law removes safeguards aimed at keeping guns out of the hands of those who are not legally fit to possess them. They also predict that it will increase gun violence and escalate conflicts in public spaces.
The bill was amended in response to concerns raised by law enforcement groups, who worried that permitless carry would endanger officers and make it easier for criminals to obtain guns. Despite these concerns, the bill ultimately received backing from conservative leadership, following years of lobbying from Second Amendment activists and gun rights advocates.
It is important to note that there are still certain public places where firearms are not allowed, even under constitutional carry, unless the carrier is a licensed peace officer. These places include bars and other businesses that derive most of their revenue from alcohol sales. Additionally, Texas law specifies that openly carried handguns must be kept in a holster.
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Texas LTCs are issued to residents and non-residents over 21
As of September 1, 2021, Texans can carry handguns without a license or training. House Bill 1927, or the "unlicensed carry" law, 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. This means that any person 21 years of age or older who can legally possess a firearm may carry a concealed firearm without a license or permit. This law also applies to non-residents of Texas.
Texas LTCs (License to Carry) are issued to both residents and non-residents who are over the age of 21. Texas is a "shall-issue" state, meaning that concealed weapons licenses are issued at the state level by the Department of Public Safety. Texas LTCs require a four- to six-hour training course, as well as the completion of a written exam and a shooting proficiency demonstration.
It is important to note that there are still some restrictions on where firearms can be carried in Texas. For example, handguns must be kept in a holster and cannot be brought into racetracks or secure areas of airports. Additionally, certain misdemeanor crimes could prevent someone from carrying under constitutional carry.
In terms of reciprocity, Texas allows permitless carry. This means that Texas recognizes the right of individuals from other states to carry firearms without a Texas-issued LTC, as long as they are legally allowed to carry a firearm in their home state. However, it is important to check the laws of the state you are visiting, as each state has its own requirements and limitations on the carry of firearms.
It is worth noting that there have been some legal challenges to the minimum age requirement for carrying a firearm in Texas. In 2022, a federal court case ruled that 18-to-20-year-olds may not be prosecuted based solely on their age. As a result, the Texas Department of Public Safety stated that they would no longer deny LTC applications solely based on the applicant's age. On January 10, 2023, the Office of General Counsel directed DPS offices to no longer enforce the state law that bars adults under 21 from carrying handguns in public.
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A background check is required to purchase a firearm
As of September 1, 2021, Texans over the age of 21 can carry a handgun without a license or training. This is due to the signing of House Bill 1927, which eliminated 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.
However, this does not mean that a background check is not required to purchase a firearm in Texas. Federal law requires federally licensed firearms dealers to initiate a background check on the purchaser before the sale of a firearm. Only gun dealers with a Federal Firearms License (FFL) are mandated to run a background check before selling a gun in Texas. Texas has no state requirement for comprehensive background checks when purchasing a firearm. This means that individuals who are barred from owning firearms due to a history of violence can easily obtain a gun online, at a gun show, or from private sellers.
In 2022, enhanced BSCA background checks prevented over 1,900 prohibited persons from acquiring firearms. Since 1994, when federal law began requiring FFL background checks, more than 4 million sales to prohibited purchasers have been stopped. Research has shown that background checks are effective in preventing prohibited purchasers from obtaining firearms. For example, in 2018, one in nine people seeking to buy guns from unlicensed sellers would have failed a background check, a rate seven times higher than at gun stores.
While Texas does not mandate background checks for private sellers, federal law requires the FBI to conduct background checks at the point of purchase. Additionally, Texas has taken steps to improve its background check system by requiring prohibiting mental health records to be submitted to the federal background check system. Since 1998, over 246,000 sales to prohibited purchasers in Texas have been rejected.
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Some public places ban firearms, even under constitutional carry
Texas's constitutional carry law came into effect on September 1, 2021, allowing Texans to carry handguns without a license or training. While this law significantly changed gun legislation in the state, it is important to note that some public places still ban firearms, even under constitutional carry.
The state's gun laws do not override federal laws and restrictions on carrying firearms in specific locations. For instance, federal laws prohibit firearms in federal facilities, including buildings on BLM land operated by the federal government, with some exceptions, such as the San Pedro Riparian Zone in Arizona and the Red Rock National Conservation Area in Nevada. Additionally, the Federal Gun-Free School Zones Act of 1990 prohibits carrying firearms within 1,000 feet of schools, encompassing public roads and sidewalks within this buffer zone.
Beyond federal restrictions, Texas law also prohibits firearms in certain locations. Racetracks and secure areas of airports are off-limits for carrying firearms. Furthermore, Texas law restricts carrying firearms in establishments where the primary purpose is the sale of alcoholic beverages unless the individual is the owner, proprietor, or an employee with permission from the owner.
While Texas's constitutional carry law allows for the open or concealed carry of firearms, some public places may still ban them. Private property owners, for instance, have the right to determine whether guns are allowed on their property. Additionally, certain types of private property, such as bars, banks, houses of worship, and polling places, may restrict firearms due to the potential for conflict or to address additional concerns.
It is important for gun owners in Texas to stay informed about the specific locations where firearms are prohibited or restricted. While constitutional carry grants Texans the right to carry handguns without a license, it is crucial to respect the rules and regulations in place for public safety in various locations.
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Frequently asked questions
Texas's constitutional carry, also known as House Bill 1927, went into effect on September 1, 2021.
The law 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.
Supporters of the law argue that it restores Second Amendment rights, removing government barriers to carrying a handgun in public places.
Opponents of the law say it removes barriers aimed at keeping people who are not legally fit to possess a gun from carrying one. They also argue that it will increase gun violence and escalate conflicts in public places.
