Jonah Patel
Texas has some of the most relaxed gun laws in the United States. In 2021, Governor Greg Abbott signed the Firearm Carry Act of 2021, commonly known as the constitutional carry bill or HB 1927, into law. This bill allows legally eligible gun owners aged 21 and over to carry their firearms without a Texas License to Carry (LTC). However, there are several restrictions to this law. For example, employers can still prohibit employees from carrying firearms at their place of work, and individuals cannot carry firearms in businesses that post signage prohibiting firearms. Additionally, individuals with certain types of criminal convictions are prohibited from carrying firearms.
| Characteristics | Values |
|---|---|
| Bill Name | HB 1927, Firearm Carry Act of 2021 |
| Bill Type | Constitutional carry bill, permitless carry bill |
| Enacted By | Governor Greg Abbott |
| Enactment Date | June 16, 2021 |
| Effective Date | September 1, 2021 |
| Eligibility | Legally eligible gun owners, 21 years and older |
| Requirements | Must be able to legally purchase and possess handguns under federal and Texas law |
| Restrictions | Cannot have convictions for certain misdemeanour crimes, including assault, terroristic threats, and domestic violence |
| Off-Limits Areas | Racetracks, secure areas of airports, businesses with posted signage prohibiting firearms, workplaces with employer restrictions |
| Law Enforcement | Law enforcement officers can disarm individuals if necessary for protection, but cannot detain solely for carrying a handgun |
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What You'll Learn
- Legally eligible gun owners over 21 can carry firearms without a Texas LTC
- Texas LTCs are issued to residents and non-residents over 21
- Texas LTC holders can carry in amusement parks and nursing homes
- Employers can prohibit employees from carrying firearms at work
- Texas law presumes reasonable use of deadly force to protect oneself
Legally eligible gun owners over 21 can carry firearms without a Texas LTC
Texas has passed laws that allow eligible gun owners over 21 to carry firearms without a Texas LTC (License to Carry). The Texas Legislature passed House Bill 1927 in 2021, which allows individuals to carry handguns in public without an LTC. This law came into effect on September 1, 2021. However, there are still important restrictions and conditions that must be met for permitless carry.
Firstly, individuals must be legally eligible to possess a firearm under federal law and Texas state law. This includes not having any felony convictions, certain types of misdemeanour convictions, or being subject to protective orders. Additionally, individuals must not be members of criminal street gangs. These restrictions are outlined in various sections of the Texas Penal Code.
Secondly, Texas LTCs are still required for individuals who want to carry handguns in certain restricted locations. For example, LTC holders can carry their firearms in more places, such as in their vehicles on school campuses. Additionally, an LTC acts as a form of background check and can provide benefits during legal processes, such as reduced legal fees and the benefit of the doubt in certain situations.
Thirdly, Texas LTCs offer benefits when purchasing firearms. For instance, the NICS check is bypassed when purchasing a firearm with a valid LTC, making the process cheaper and less time-consuming. This is an advantage for responsible gun owners who wish to acquire firearms legally.
Lastly, Texas LTCs provide benefits in other states. Some states have specific laws that authorise carrying firearms with a Texas LTC. These states recognise the Texas LTC as a valid permit, allowing individuals to carry their firearms while travelling or residing in those states. It is important to note that each state has its own requirements and limitations on the carry of firearms, and individuals should familiarise themselves with the laws of each state they intend to visit.
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Texas LTCs are issued to residents and non-residents over 21
Texas has some of the most permissive gun laws in the United States. Since September 2021, Texas has allowed permitless carry, meaning that any person 21 years of age or older who can legally possess a firearm may carry a concealed firearm on their person without a license or permit. Texas LTCs (License to Carry) are issued to both residents and non-residents who are over the age of 21 (or 18 if they are a member or veteran of the U.S. military).
To obtain a Texas LTC, applicants must complete a four- to six-hour training course, pass a written exam, and demonstrate shooting proficiency. Some areas are off-limits to carrying a firearm, even with a license, including racetracks and secure areas of airports. Texas law also presumes that a person acted reasonably and justifiably if they use deadly force to protect themselves against an unlawful, forceful intrusion into their occupied habitation, vehicle, or place of business or employment.
It is important to note that Texas gun laws can be complex, and eligibility requirements for carrying a firearm apply to both residents and non-residents. For example, certain misdemeanor crimes could prevent an individual from carrying under constitutional carry. Additionally, Texas offers resident and non-resident licenses, but some states only honor Texas resident licenses and not those issued to non-residents.
As of 2024, Texas residents between the ages of 18 and 20 with a Texas LTC can conceal carry in certain states. However, it is important to check the laws of the state being visited, as some states, like Florida, do not recognize licenses issued to those under 21.
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Texas LTC holders can carry in amusement parks and nursing homes
Texas LTC (License to Carry) holders enjoy more rights than Constitutional Carry. Texas LTC holders can carry their handguns in places where Constitutional Carry is prohibited. For instance, LTC holders can carry handguns in their vehicles while dropping off or picking up at a school. However, Constitutional Carry is prohibited from having a firearm within 1,000 feet of a school. LTC holders can also carry at an open meeting of a governmental entity, but Constitutional Carry cannot. Additionally, LTC holders can avoid arrest if they inadvertently carry a firearm through a secured area of an airport, as long as they promptly leave when notified. On the other hand, Constitutional Carry may be charged with a felony for the same offence.
LTC holders are allowed to carry their handguns in amusement parks and nursing homes unless there is an effective notice of prohibition per Penal Code Chapter 30. This means that LTC holders should be on the lookout for properly posted 30.06 or 30.07 signs at amusement parks. If such signs are posted, LTC holders are prohibited from carrying concealed (30.06) or openly (30.07). It is important to note that Texas law does not specifically address any prohibitions against LTC holders from carrying handguns in public parks. However, LTC holders should be aware that some public parks are federal property and are subject to federal laws.
In terms of the application process, LTC applicants are required to complete a four- to six-hour training course, pass a written exam, and demonstrate shooting proficiency. The State of Texas has up to eight weeks to process the application and all the necessary paperwork. LTC holders can carry their handguns openly in a belt or shoulder holster or concealed anywhere on their person. However, homeowners have the right to prohibit LTC holders from carrying on their private property.
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Employers can prohibit employees from carrying firearms at work
Texas has passed a law that allows individuals to carry a handgun in public without a license. This law, known as the Texas Firearm Carry Act of 2021, permits individuals aged 21 and above to carry handguns without a government-issued permit, as long as they are not restricted from possessing firearms under state or federal law. Despite this new legislation, employers in Texas can still prohibit their employees from carrying firearms at work.
The Texas Firearm Carry Act of 2021 does not alter the employer's right to determine whether employees or members of the public can carry firearms onto their premises. Employers who wish to prevent the carrying of firearms onto their property should post notices with specific language prohibiting such conduct at various entry points, such as building entrances. By doing so, they can ensure that individuals who carry firearms onto their premises after receiving written or oral notice of the prohibition can be charged with a Class C misdemeanor.
Section 52.062(b) of the Texas Labor Code gives employers the authority to prohibit employees from possessing firearms on their premises, which refers specifically to "a building or portion of a building." However, this does not extend to parking lots, parking garages, or other parking areas. Additionally, the Act bans employers from prohibiting employees from transporting or storing firearms in their locked private vehicles within these designated parking areas.
It is important to note that the Constitutional protection of the Second Amendment does not apply to disputes between private citizens. Therefore, companies have the right to enforce policies barring weapons at work, including preventing employees from carrying concealed weapons during work hours, even in their own cars used for company business. Texas law also allows CCL holders and those who legally possess firearms to have their firearms and ammunition locked inside their vehicles while parked on their employer's property.
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Texas law presumes reasonable use of deadly force to protect oneself
Texas has some of the most lenient gun laws in the United States. In 2021, the Texas Legislature passed House Bill 1927, which allows Texas residents to carry a handgun in public without a license to carry (LTC) issued by the Texas Department of Public Safety (DPS). This means that, in Texas, a person may carry a concealed firearm without a license or permit, as long as they are over the age of 21.
Texas law also allows the use of deadly force in self-defence in certain circumstances. A person is justified in using deadly force when they reasonably believe that it is immediately necessary to protect themselves or their property. This is known as the 'castle doctrine', which asserts that a person's home, work, or vehicle are sacred spaces where their right to use self-defence is at its strongest.
For example, deadly force may be used to prevent an unlawful, forceful intrusion into one's home, vehicle, or place of business. It may also be used to prevent an unlawful attempt to remove a person from their home, vehicle, or place of business. In these cases, Texas law presumes that the use of deadly force was reasonable and justifiable.
However, it is important to note that there are limitations to this presumption of reasonableness. For instance, if the person claiming self-defence provoked the other person, or was committing a crime, the presumption of reasonableness is defeated. Additionally, deadly force is not permitted in response to words alone; there must be a show of force or deadly force by the other person.
In conclusion, while Texas law does presume reasonable use of deadly force to protect oneself in certain situations, it is not a blanket permission to use deadly force in any circumstance. The person claiming self-defence must be able to demonstrate that they reasonably believed their use of force was immediately necessary and proportionate to the threat they faced.
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Frequently asked questions
The Texas Constitutional Carry, also known as HB 1927, is a law that allows legally eligible gun owners aged 21 and above to carry their firearms without a Texas License to Carry (LTC).
To be eligible, you must be able to legally purchase and possess handguns under federal and Texas law. You must not have been convicted of any felony or certain types of misdemeanours in the last five years.
The Texas Constitutional Carry does not allow individuals to carry firearms in businesses that post signage prohibiting firearms. Additionally, your employer can prohibit you from carrying a firearm at your workplace.
The Texas Constitutional Carry law was signed by Governor Greg Abbott on June 16, 2021, and went into effect on September 1, 2021.
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