Isabella Carter
Texas' HB 1927, also known as the Firearm Carry Act of 2021 or the constitutional carry bill, was signed into law by Governor Greg Abbott on June 16, 2021, and took effect on September 1, 2021. The bill allows Texans over the age of 21 to carry handguns in public without a license, with certain restrictions. While the bill faced opposition and did not go into effect immediately, it ultimately became law in Texas, joining a growing list of states with similar legislation.
| Characteristics | Values |
|---|---|
| Date of passing | June 16, 2021 |
| Effective date | September 1, 2021 |
| Signed by | Governor Greg Abbott |
| Bill name | HB 1927, Firearm Carry Act of 2021 |
| Common name | Constitutional Carry Bill, Permitless Carry Bill |
| Applicability | Legally eligible gun owners 21 years and older |
| Requirements | No Texas License to Carry (LTC) needed |
| Exceptions | Amusement parks, nursing homes, schools, bars, etc. |
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What You'll Learn
- Texas Constitutional Carry Law prohibits carrying a firearm in certain places
- Texas Constitutional Carry Law does not apply to everyone
- Texas Constitutional Carry Law does not apply to all firearms
- Texas Constitutional Carry Law does not apply to all premises
- Texas Constitutional Carry Law does not apply to all ages
Texas Constitutional Carry Law prohibits carrying a firearm in certain places
Texas's Constitutional Carry Law allows Texans to carry a firearm in most public places. However, the law prohibits carrying firearms in certain locations, and violating these restrictions can result in serious legal consequences.
The law prohibits carrying firearms on the premises of schools, colleges, and universities, including public and private schools and any educational institutions that are open to the public. This restriction also applies to school or educational institution transportation vehicles and grounds where school-sponsored activities take place. Violating this restriction can result in a third-degree felony, with penalties of up to 10 years in prison and fines of up to $10,000. Limited exceptions exist for licensed individuals to carry firearms on college campuses, but they must comply with campus-specific regulations and keep the firearm concealed.
The law also prohibits carrying firearms in certain buildings or portions of buildings used as polling places on election day or during early voting. Additionally, private property owners can prohibit others from carrying firearms on their premises, and individuals must comply with legally binding "No Guns Allowed" signs to avoid legal issues.
Furthermore, carrying firearms while intoxicated is prohibited, and certain events, such as concerts, rallies, and parades, may have restrictions on firearms. It is important to check the guidelines for specific events and venues in Texas.
Texas's "disorderly conduct" law also regulates how people can carry firearms. It is an offense to display a firearm or other deadly weapon in a public place in a manner calculated to alarm others.
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Texas Constitutional Carry Law does not apply to everyone
Texas's Constitutional Carry Law, which came into effect on September 1, 2021, allows most Texans over the age of 21 to carry a firearm without a license. However, this law does not apply to everyone, and there are several important exemptions and restrictions that Texans need to be aware of.
Firstly, it is important to note that the law sets the minimum age to carry a handgun at 21 years. While a 2022 federal court case ruled that 18-to-20-year-olds may not be prosecuted based solely on their age, this does not give them the right to carry a handgun. Additionally, those who are prohibited from possessing firearms under state and federal law will not gain the right to possess or carry a firearm under this legislation.
The Texas Constitutional Carry Law also does not apply to certain locations. Firearms are prohibited in or on the premises of schools, educational institutions, and school transportation vehicles. They are also prohibited in polling places on election day and during early voting. Texans are also not allowed to carry handguns in certain private businesses and properties that post signage prohibiting firearms. This includes amusement parks, nursing homes, and businesses that provide notice under Penal Code 30.05. Carrying a handgun into a post office or military installation is a felony offense.
Furthermore, Texas's disorderly conduct law regulates how people can carry a firearm. It is an offense to display a firearm or other deadly weapon in a public place in a manner calculated to alarm. Texans should also be aware that law enforcement officers can disarm a person if they believe it is necessary for protection.
While the Texas Constitutional Carry Law removes the requirement for a license to carry a handgun, obtaining a License to Carry (LTC) provides significant advantages. LTC holders can carry in more locations, such as within 1,000 feet of a school, in government meetings, and in certain private properties with "no firearms" signs. LTC holders also benefit from exemptions like the waiver of background check requirements when purchasing firearms.
In conclusion, while the Texas Constitutional Carry Law expands gun rights for many Texans, it is important to remember that it does not apply to everyone and that there are still restrictions and exemptions in place. Texans should educate themselves on these laws and seek legal advice if they have questions about their eligibility to carry a firearm.
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Texas Constitutional Carry Law does not apply to all firearms
Texas' Constitutional Carry Law allows Texans to carry a firearm without a permit. However, this law does not apply to all firearms and there are several restrictions on the types of firearms that can be carried, as well as the locations in which they can be carried.
Firstly, Texas law sets the minimum age to carry a gun at 21 years, although there have been legal challenges to this restriction. Following a 2022 federal court case, it was ruled that 18 to 20-year-olds could obtain a Texas LTC and carry a handgun outside of their homes. However, this ruling did not grant 18 to 20-year-olds the right to carry handguns if they were prohibited from doing so before the amendment.
Secondly, Texas' Constitutional Carry Law does not permit the carrying of firearms in certain locations, including schools, educational institutions, and their transportation vehicles, as well as areas within 1,000 feet of these institutions. Firearms are also prohibited in polling places on election day and during early voting. Additionally, Texas law prohibits carrying firearms in certain private businesses, post offices, and military installations. Carrying a firearm in these prohibited places can result in criminal charges and fines.
It is important to note that Texas' Constitutional Carry Law does not override federal laws and regulations regarding firearms. For example, federal law requires a permit for concealed carry, and there are federal restrictions on the types of firearms that can be carried. Federal law also prohibits the possession of firearms by certain individuals, such as felons, and restricts the carrying of firearms in specific locations, such as secure areas of airports. Therefore, while Texas' law removes the permit requirement for carrying firearms, it does not apply to all firearms or locations, and individuals must still comply with other applicable laws and regulations.
In conclusion, while Texas' Constitutional Carry Law allows most legal gun owners aged 21 and older to carry a firearm without a permit, there are important exceptions and restrictions to this law. Individuals must be aware of the locations where firearms are prohibited and comply with federal laws and regulations that may further restrict the carrying of firearms in certain circumstances.
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Texas Constitutional Carry Law does not apply to all premises
Texas's Constitutional Carry Law, also known as HB 1927, was signed into law by Governor Greg Abbott on June 16, 2021. The law removes the requirement for Texans to obtain a license to carry a handgun and allows individuals over the age of 21 to openly or conceal carry a handgun without a permit. However, it's important to note that the law does not apply to all premises and there are restrictions on where firearms can be carried.
While the Constitutional Carry Law grants Texans the right to carry handguns, this right is not absolute and does not extend to all locations. The law outlines specific places where carrying a firearm is prohibited to ensure the safety of the public and the protection of certain properties. These prohibited places include schools, educational institutions, and their transportation vehicles, as well as grounds where school-sponsored activities take place. Firearms are also banned within 1,000 feet of public, parochial, or private schools, as per federal law.
Additionally, the Constitutional Carry Law does not permit the carrying of firearms in polling places on election day or during early voting. Amusement parks that meet certain criteria, such as having a large area, controlled entries, and security guards, are also off-limits for firearm possession. The law prohibits carrying firearms in correctional facilities, civil commitment facilities, hospitals, nursing facilities, and mental hospitals.
It's worth noting that private property owners and businesses can also restrict the carrying of firearms on their premises. If an individual carries a firearm on private property without permission, they may face legal consequences, including a fine. Furthermore, carrying a handgun into a post office or military installation is a felony offense under Texas law.
While the Texas Constitutional Carry Law expands the rights of gun owners, it's crucial to be aware of the locations where firearm possession is prohibited. Individuals should familiarize themselves with the specific restrictions outlined in the law to ensure they comply with all applicable regulations.
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Texas Constitutional Carry Law does not apply to all ages
Texas's Constitutional Carry Law, also known as HB 1927 or the Firearm Carry Act of 2021, allows Texans to carry a gun on their person, either openly or concealed, without a permit. This law was signed by Governor Greg Abbott on June 16, 2021, and came into effect on September 1, 2021.
However, this law does not apply to all Texans of all ages. The minimum age requirement to carry a gun in Texas is 21 years old. This age limit was challenged in a 2022 federal court case, Firearms Policy Coalition, Inc. et. al. v. Steven McCraw, et. al., which ruled that 18-to-20-year-olds could not be prosecuted based solely on their age. As a result, the Texas Department of Public Safety stated that they would no longer deny applications for LTCs solely based on applicants being 18 to 20 years old.
Despite this, it is important to note that Texas law does not specifically restrict the carrying of long guns, such as rifles or shotguns, by individuals under 21 years of age. Additionally, there are several other restrictions on who can carry a handgun in Texas. For example, individuals with certain felony convictions are prohibited from possessing firearms.
Furthermore, there are places where carrying a firearm, either openly or concealed, is prohibited in Texas. These include schools, educational institutions, and their transportation vehicles, as well as polling places on election days. Private businesses can also prohibit the carrying of firearms on their premises by providing notice under Penal Code 30.05. Carrying a firearm into a post office or military installation is a felony offense.
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Frequently asked questions
Yes, as of September 1, 2021, constitutional carry is legal in Texas.
Constitutional carry in Texas allows legally eligible gun owners aged 21 and older to carry their firearms openly or concealed without a Texas License to Carry ("LTC") in most places. However, there are still some places where carrying a firearm is prohibited, such as schools and polling places.
Texas has a long history of regulating gun carry. In 1869, the state changed its Constitution to allow the legislature to regulate gun carry. In 1871, the Texas Legislature banned Texans from carrying handguns outside of their property, which was intended to keep newly-freed slaves from carrying guns. In 2021, Texas passed the Firearm Carry Act of 2021, commonly known as the constitutional carry bill, which removed the requirement for a license to carry a handgun.
