Malcolm Rivera
Texas Governor Greg Abbott signed the Firearm Carry Act of 2021, also known as House Bill 1927, into law on June 16, 2021. The bill, which took effect on September 1, 2021, allows Texans to carry handguns without a license or training, as long as they meet certain requirements. This move has sparked concerns about public safety and a potential increase in gun violence, with opponents arguing that it removes critical barriers aimed at keeping firearms out of the hands of those unfit to possess them.
| Characteristics | Values |
|---|---|
| Date signed into law | June 16, 2021 |
| Effective date | September 1, 2021 |
| Bill number | House Bill 1927 |
| Bill name | The Firearm Carry Act of 2021 |
| Bill sponsor | Lt. Gov. Dan Patrick |
| Bill co-sponsor | Gov. Greg Abbott |
| Bill type | Constitutional carry bill |
| Bill purpose | Eliminate the requirement for Texas residents to obtain a license to carry handguns |
| Bill requirements | Texans must be 21 years or older and not prohibited by state or federal law from possessing a gun |
| Exempt locations | Bars, schools, government buildings, prisons, civil commitment facilities, state-run hospitals and nursing facilities, and amusement parks |
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What You'll Learn
Texas Constitutional Carry relates to pistols and revolvers
Texas's Constitutional Carry law, which came into effect on September 1, 2021, allows Texas residents to carry handguns without a license as long as they meet certain requirements. The law applies to both the open and concealed carry of handguns. Texas is the 20th state to institute constitutional carry, joining states like Tennessee, Kansas, and Oklahoma.
Texas's Constitutional Carry law relates to pistols and revolvers, which are types of handguns. Before the law was passed, Texans had been allowed to openly carry pistols since 2016. However, they were required to obtain a license to do so. The new law removes the requirement for a license, making it easier for eligible Texans to carry certain firearms.
It is important to note that Texas's Constitutional Carry law does not apply to everyone. The law specifically states that "persons who are currently prohibited from possessing firearms under state and federal law will not gain the right to possess or carry a firearm under this legislation." This includes individuals convicted of felonies or specific assault offenses, those under protection orders, and those adjudicated as mentally incompetent. The law also does not apply to individuals under 21 years of age.
While Texas's Constitutional Carry law allows for the open or concealed carry of handguns, there are still restrictions on where firearms can be carried. For example, handguns are generally prohibited on the premises of schools, educational institutions, and polling places. Additionally, federal law prohibits the possession of firearms within 1,000 feet of schools. These restrictions are important to ensure the safety of the public, especially in sensitive areas.
Texas's Constitutional Carry law has been a subject of debate, with proponents arguing that Texas should align with other states that have similar laws. On the other hand, gun control advocates have expressed disappointment, citing concerns about gun violence. Despite the concerns, Governor Greg Abbott signed the Firearm Carry Act of 2021 (also known as House Bill 1927) into law on June 16, 2021, allowing legally eligible Texans 21 and older to carry their handguns without a license.
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Texans can carry handguns without a license or training
Texas Governor Greg Abbott signed the Firearm Carry Act of 2021, also known as House Bill 1927, into law on June 16, 2021. The law came into effect on September 1, 2021, and allows Texans to carry handguns without a license or training, as long as they are not otherwise prohibited from possessing a firearm under state or federal law.
Under previous Texas law, citizens were required to obtain a license to carry a handgun openly or concealed. To obtain a license, applicants had to submit fingerprints, complete four to six hours of training, pass a written exam, and a shooting proficiency test. The new law eliminates these requirements, allowing eligible Texans aged 21 and older to carry a handgun in public without a government-issued permit or license, as long as the gun is in a holster.
The Firearm Carry Act of 2021 specifically states that "persons who are currently prohibited from possessing firearms under state and federal law will not gain the right to possess or carry a firearm under this legislation." This includes individuals convicted of a felony, certain assault offenses, under a protection order, or adjudicated as mentally incompetent. The bill is also restricted to persons under 21.
The passage of the Firearm Carry Act of 2021 was supported by conservatives and gun rights advocates, who had long lobbied the Texas Legislature for permitless carry. Proponents of the bill, referred to as "constitutional carry" by Republicans, argued that Texas should follow the lead of at least 20 other states with similar laws. They believe the bill upholds the individual right to keep and bear arms under the Second Amendment of the U.S. Constitution. Abbott himself referred to the bill as "the strongest second amendment legislation in Texas history."
However, the bill was met with opposition from gun control advocates and some law enforcement groups. They argued that removing the license requirement would make it more challenging for police to identify suspects during active crime scenes and increase gun violence. There were also concerns that repealing the requirement for a handgun license would lead to more mass shootings, especially given the state's history of gun violence, including the 2019 massacres in El Paso and Midland-Odessa that left 30 people dead. Despite these concerns, Texas joined several other states in enacting permitless carry laws.
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Texas will be the 20th state to institute constitutional carry
Texas became the 20th state to institute constitutional carry when Governor Greg Abbott signed the Firearm Carry Act of 2021, also known as House Bill 1927, into law on June 16, 2021. The law came into effect on September 1, 2021, allowing Texans to carry handguns without a license or training.
The Firearm Carry Act of 2021 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 aged 21 and above can now carry a handgun in public without a government-issued permit or license. However, it is important to note that the law does not apply to individuals prohibited from possessing firearms under state and federal law, including those convicted of felonies or specific assault offenses, individuals under protection orders, or those adjudicated as mentally incompetent. Additionally, the law maintains restrictions on carrying firearms in certain locations, such as bars, schools, government buildings, and sporting events.
The passage of the constitutional carry bill in Texas was a significant development, as it joined a group of states that have enacted similar permitless carry laws. Proponents of the bill, including Republicans and gun rights advocates, celebrated it as a victory for the Second Amendment and individual freedom. They argued that Texas should align with other states that have similar laws, with Governor Abbott hailing the bill as "the strongest second amendment legislation in Texas history."
However, the bill was not without controversy. Gun control advocates and some Democrats expressed disappointment, arguing that it would lead to increased gun violence and make it more challenging for law enforcement to address active crime scenes. They pointed to instances of gun violence in Texas, including the 2019 massacres in El Paso and Midland-Odessa, as reasons for stricter gun control measures rather than permitless carry. Despite these concerns, the bill moved forward, influenced by political pressure and lobbying efforts from conservatives and gun rights activists.
With Texas being the largest and most populous state to enact constitutional carry, the impact of this legislation is significant. It sets a precedent and adds momentum to the movement for permitless carry across the United States.
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The bill will add handguns to the list of guns people can carry openly
Texas Governor Greg Abbott signed the Firearm Carry Act of 2021 into law on June 16, 2021, which came into effect on September 1, 2021. The bill, also known as House Bill 1927 or "The Firearm Carry Act of 2021", allows Texas residents to carry handguns openly or concealed without a license, as long as they meet certain requirements.
The bill adds handguns to the list of guns that people in Texas can carry openly without a license. This includes pistols and revolvers, which Texans have been allowed to carry openly since 2016. The bill does not change the fact that guns are not allowed everywhere. For example, Texans still cannot bring guns into bars, schools, or government buildings, and a licensed peace officer is required to carry a gun in certain public places.
The bill does not give the right to carry a handgun to anyone who was prohibited from possessing firearms before it took effect. This includes people with felony convictions, certain assault offenses, those under protection orders, or those adjudicated as mentally incompetent. The bill also does not apply to individuals under 21 years old. Texans can still apply for a license to carry (LTC) as it may carry additional benefits, and there are still restrictions on where handguns can be carried.
The constitutional carry bill in Texas is similar to laws in at least 20 other states, including Tennessee, Kansas, North Dakota, Oklahoma, and South Carolina. These laws generally eliminate the requirement to obtain a carry permit for both open and concealed carrying of handguns by residents and non-residents who are not prohibited from possessing firearms. However, some states, like Tennessee, still require a carry permit for handguns in certain buildings, state/national parks, campgrounds, and nature trails.
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The bill was supported by Second Amendment activists
The bill, also known as "constitutional carry", was supported by Second Amendment activists and Republicans, who referred to it as "The strongest second amendment legislation in Texas history". Abbott and Lt. Gov. Dan Patrick were under immense political pressure from conservatives and gun rights advocates who had long lobbied the Texas Legislature for permitless carry. Abbott himself had promised to sign the bill into law.
The bill was also supported by Texas Republicans, who had long pushed to allow "constitutional carry" of guns. They argued that Texas should follow the lead of at least 20 other states with similar laws, including Alaska, which was the first state to rescind its permit requirement, passing constitutional carry in 2003.
The bill, House Bill 1927, or The Firearm Carry Act of 2021, eliminates 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. It is worth noting that the bill does not apply to everyone; people who are prohibited from having a gun include those convicted of a felony, certain assault offenses, or those under a protection order. The bill is also restricted to persons under 21.
The bill was amended in the process to address concerns from law enforcement. Initially, the bill banned police officers from questioning a person solely based on them carrying a pistol. However, it was amended to allow officers to question and disarm a person "at any time the officer reasonably believes it is necessary for the protection of the person, officer or another individual."
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Frequently asked questions
Texas Governor Greg Abbott signed the Firearm Carry Act of 2021 (House Bill 1927) into law on June 16, 2021.
The bill allows Texans 21 years of age and older to carry a handgun in public without a government-issued permit or license. However, it does not apply to individuals prohibited from possessing firearms under state or federal law, including those convicted of felonies or certain assault offenses, or those under protection orders or deemed mentally incompetent.
The bill was supported by conservatives and gun rights advocates, who had long lobbied the Texas Legislature for permitless carry. However, it faced opposition from gun control advocates, who argued that it would increase gun violence and make it more difficult for police to identify suspects during active crime scenes.
The constitutional carry bill went into effect on September 1, 2021.
