Isabella Carter
On May 5, 2021, the Texas Senate passed House Bill 1927, also known as the constitutional carry bill, which would allow Texans 21 and older to carry handguns in public without a license or training. The bill was initially stalled due to opposition from law enforcement and concerns about domestic violence and public safety. However, amendments were made to address these issues, and the bill was revived and passed by the Senate with an 18-13 vote. The bill then returned to the House for approval of the Senate's amendments. If the House approved the amendments, the bill would go to Governor Greg Abbott for final approval, who has stated his support for the bill.
| Characteristics | Values |
|---|---|
| Date of Senate approval | May 5, 2021 |
| House Bill number | 1927 |
| Senate vote | 17-13 or 18-13 |
| House vote | 82-62 |
| Governor | Greg Abbott |
| Governor's statement | "I support it, and I believe it should reach my desk, and we should have 'constitutional carry' in Texas" |
| Amendments | Tougher penalties for felons carrying a gun illegally; bar people with convictions for domestic violence or making terroristic threats from openly carrying guns in public; allow police to temporarily disarm a person who is detained |
| Amendment opposition | Lt. Gov. Dan Patrick; Sen. Jose Menéndez, D-San Antonio; Harris County Sheriff Ed Gonzalez |
| Amendment support | Sen. Charles Schwertner, R-Georgetown; Sen. Brandon Creighton, R-Conroe; Sen. Jane Nelson, Grapevine; Sen. Kelly Hancock, Tarrant County; Sen. Nathan Johnson, Dallas; Sen. John Whitmire, D-Houston |
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What You'll Learn
The bill's passage
The Texas Senate passed the "Constitutional Carry" Bill, also known as House Bill 1927, on May 5, 2021, by an 18-13 vote. The bill, which allows Texans 21 and older to carry a handgun in a holster in public without a license, training, or a test, was supported by most Republicans and opposed by most Democrats.
However, the bill faced opposition from several Democrats, including Sen. Jose Menéndez, who warned that it could lead to more violence, especially for women in abusive relationships. Despite these concerns, the bill moved forward, with amendments added to address some of the criticisms. These amendments included stiffer penalties for illegal weapons carried by felons and those convicted of family violence offenses, as well as provisions to prohibit permitless carry by people convicted of making terroristic threats or engaging in disorderly conduct with a firearm.
After the Texas Senate's approval, the bill returned to the House for concurrence with the Senate amendments. The House had previously passed its version of the bill on April 16 by an 87-58 vote. If the House approved the Senate's changes, the bill would then be sent to Gov. Greg Abbott for final approval. Abbott had previously expressed his support for the bill and his intention to sign it into law.
On May 13, 2021, the Texas House rejected the Senate's amended version of the "constitutional carry" bill. As a result, a conference committee was appointed, comprising lawmakers from both the House and the Senate, to negotiate and reach a compromise on the legislation. This process involved working out the differences between the House and Senate versions of the bill to create a final version that could be approved by both chambers.
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Amendments
Other amendments to the bill include the addition of stiffer penalties for illegal weapons carried by felons and those convicted of family violence offenses. Another change removed House language that banned law officers from questioning someone based solely on their possession of a handgun.
The House's amendments to the bill are not immediately available for the public or media to review. However, the House did reject the Senate's amended version of the bill, with members citing concerns about the lack of safety training for handgun owners who would be permitted to carry weapons in public under the proposed law.
After the House rejected the Senate's amendments, a conference committee of senators and representatives was formed to work out a compromise version of the legislation. This committee will present a final version of the bill to both houses for approval. If approved by both houses, the bill will go to Governor Greg Abbott for final approval, who has stated that he intends to sign the bill when it reaches his desk.
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Opposition
One of the primary concerns is public safety. Critics argue that easing restrictions on gun ownership will lead to more guns on the streets, potentially increasing gun violence and putting people, especially women, in danger. Sen. Jose Menéndez, D-San Antonio, warned that the bill was "irresponsible and creating a path for more violence," specifically highlighting the threat to victims of domestic violence. He stated, "The ability for more men to carry a gun is actually more dangerous for women in abusive relationships. A woman living with a gun in the home is three times more likely to be murdered than one with no gun in that same home."
Some law enforcement officers have also voiced their opposition to the bill, with Austin's police chief speaking out against it. They argue that removing the requirement for a license to carry handguns will make it challenging for law enforcement to distinguish between legal and illegal gun carriers, impacting their ability to protect officer safety and the public.
Additionally, critics point out that the bill does not address background check loopholes for gun purchases, which they believe is a crucial step in combating gun violence. Texas Gun Sense, a gun control advocacy group, tweeted, "Guns everywhere do not make us safer."
Another concern is the potential for the bill to exacerbate existing issues with gun violence in the state. Gun control advocates highlight the repeated instances of gun violence in Texas, including the 2019 massacres in El Paso and Midland-Odessa, where 30 people were killed in back-to-back shootings. They argue that easing restrictions on gun ownership will only make it easier for dangerous individuals to acquire firearms.
Lastly, some opponents argue that the bill is unnecessary, as Texas already has relatively lax gun laws. Under current state law, Texans can openly carry rifles in public without a license, and the bill's proponents have not provided compelling evidence that the proposed changes will significantly improve public safety or uphold the Second Amendment rights of Texans.
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Public opinion
The Texas Senate passed the "Constitutional Carry" bill in May 2021, which allows Texans to carry holstered handguns in public, openly or concealed, without a state-issued permit. The bill was met with mixed reactions from the public, with some supporting the bill as an advancement of self-defense and trust in law-abiding citizens, while others raised concerns about safety and an increase in gun violence.
Proponents of the bill, including Sen. Charles Schwertner, argued that it is about the advancement of self-defense and trust in law-abiding citizens to exercise their Second Amendment right to self-defense. They believe that the bill simply removes permitting requirements that are a burden to legal gun owners, and that people who buy guns from licensed dealers will still need to go through background checks. Additionally, amendments to the bill include stiffer penalties for illegal weapons carried by felons and those convicted of family violence offenses.
On the other hand, opponents of the bill, such as Sen. Jose Menéndez, expressed concerns about the potential for more harm than good. They warned that the bill could lead to an increase in gun violence, especially for women in abusive relationships. Gun control advocates and groups like "Moms Demand Action" argued that lawmakers should be tightening gun laws after the mass shootings in Texas, rather than loosening them. They emphasized the need for background checks, licensing, and red-flag laws to ensure gun safety.
The bill faced initial hurdles, with Lt. Gov. Dan Patrick stating that it did not have enough votes to pass. However, it eventually passed by an 18-13 vote, with all Republicans in the Senate voting for it. The public's reaction to the bill's passage was mixed, with some supporting the expansion of gun rights and others expressing concerns for public safety and an increase in gun violence.
The bill still had to go through several steps before becoming law, including approval from the House and the governor. The House had to vote on the bill again due to the Senate's amendments, and if they accepted the changes, it would then go to Gov. Greg Abbott for final approval. Abbott had previously stated that he supported the bill and would sign it if it reached his desk.
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Next steps
The Texas Senate passed the "Constitutional Carry" bill, also known as House Bill 1927, on May 5, 2021. The bill, which allows Texans over the age of 21 to carry a handgun in public without a license, training, or a test, was approved by an 18-13 vote, with all Republicans in the Senate voting for it.
The bill now returns to the Texas House, which must vote on it again to concur with the Senate's amendments. If the House approves the bill without amendments, it will go to Governor Greg Abbott for final approval. Abbott has stated that he will sign the bill if it reaches his desk.
However, if the House does not approve the bill as is, it will likely go to a conference committee of senators and representatives to work out a compromise. This committee will present a final version of the bill to both houses for approval. The bill will then need to be voted on again by both the House and the Senate before it can be sent to Governor Abbott for his signature.
The "Constitutional Carry" bill has faced opposition from some Democrats, law enforcement, and gun control advocates, who argue that it will increase gun violence and put domestic violence victims in danger. However, supporters of the bill, mostly Republicans, argue that it restores Texans' right to bear arms and removes unnecessary permitting requirements for legal gun owners.
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Frequently asked questions
The Texas Constitutional Carry, or House Bill 1927, is a bill that allows Texans 21 and older to carry a handgun in a holster in public without a license, training, or the need to pass a test.
The Texas Senate passed the bill on May 5, 2021, by an 18-13 vote. The bill then returned to the House for approval of the Senate's amendments.
If the Texas House approves the bill, it will go to Governor Greg Abbott for final approval and signing. If the House does not approve the bill, it will likely go to a conference committee of senators and representatives to present a final version to both houses for approval.
