Malcolm Rivera
Texas has become a constitutional carry state, allowing eligible residents to carry a handgun in public without a license. In 2021, Governor Greg Abbott signed HB 1927, the Firearm Carry Act of 2021, into law, removing the requirement for a License to Carry (LTC) for eligible Texans over the age of 21. This law, also known as the constitutional carry bill or the permitless carry bill, took effect on September 1, 2021, and sparked debates and discussions among Texas residents, law enforcement, and gun advocates. While Texas has eliminated the need for permits to carry in public spaces, it still maintains eligibility requirements, including age and criminal record restrictions.
| Characteristics | Values |
|---|---|
| Date of passing | 1st September 2021 |
| Name of the bill | HB 1927, the Firearm Carry Act of 2021 |
| Other names | Constitutional carry bill, permitless carry bill |
| Signed by | Governor Greg Abbott |
| Age requirement | 21 years and older |
| Other requirements | No prior felony conviction, no recent conviction for certain types of misdemeanors |
| Places where firearms are prohibited | Schools, colleges, universities, correctional facilities, hospitals, nursing facilities, mental hospitals |
| Places where firearms may be prohibited | Private properties, businesses that post signage prohibiting firearms |
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What You'll Learn
- Texas constitutional carry allows handgun ownership without a permit
- Texas constitutional carry bill, also known as the permitless carry bill
- Texas law sets the age requirement to carry a gun at 21 years of age
- Texas law makes some places always off-limits to firearms
- Texas law allows you to carry a handgun in most public areas
Texas constitutional carry allows handgun ownership without a permit
Texas has some of the most relaxed gun laws in the United States. In 2021, Texas became a “constitutional carry” state, allowing residents to carry handguns in public without a license or permit. This means that eligible Texans can carry a firearm either openly or concealed without needing to obtain an LTC ("License to Carry").
The Firearm Carry Act of 2021, also known as HB 1927, was signed into law by Governor Greg Abbott on June 16, 2021, and went into effect on September 1, 2021. The bill removed the requirement for a license to carry a handgun in Texas for those who are legally eligible to own a firearm. Texans aged 21 and above can now carry a handgun in most public places without an LTC, as long as they meet other legal requirements.
It is important to note that Texas still sets eligibility requirements that individuals must meet to carry a handgun. For example, those with certain criminal records, such as convictions for domestic violence or particular types of assault, are prohibited from carrying a weapon. Additionally, there are places where carrying a firearm is always off-limits, such as schools, hospitals, and certain businesses that post signage prohibiting firearms.
The constitutional carry law in Texas is derived from the interpretation of the Second Amendment, which grants individuals the right to carry firearms without unnecessary government restrictions. This shift has sparked debates and discussions among Texas residents, law enforcement, and gun advocates. While some support the removal of permit requirements, others have raised concerns about public safety and the potential for increased gun violence.
Texans over the age of 21 who meet the legal requirements can now carry a handgun without a permit, making Texas one of the most gun-friendly states in the country.
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Texas constitutional carry bill, also known as the permitless carry bill
Texas' constitutional carry bill, also known as the permitless carry bill, allows eligible Texans over the age of 21 to carry a firearm in public without a license or permit. Signed into law by Governor Greg Abbott on June 16, 2021, the bill took effect on September 1, 2021.
The bill, officially named HB 1927 or the Firearm Carry Act of 2021, allows eligible Texans to carry a firearm either openly or concealed without needing to obtain a License to Carry (LTC). Texans can still obtain an LTC if they wish.
While the bill removes the requirement for a license, it does not give everyone the right to carry a firearm. Texans must still meet eligibility requirements, including being at least 21 years old and not having certain criminal convictions, such as domestic violence or specific assault charges.
There are also restrictions on where firearms can be carried. Texans cannot carry firearms in certain places, such as schools, hospitals, and correctional facilities. Additionally, property owners can prohibit the carrying of firearms on their property, including inside businesses, by posting signage indicating that firearms are not allowed.
The constitutional carry bill is based on the belief that the Second Amendment grants individuals the right to carry firearms without unnecessary government restrictions. The bill has sparked debates and discussions among Texans, law enforcement, and gun advocates regarding the implications of this increased accessibility to firearms.
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Texas law sets the age requirement to carry a gun at 21 years of age
Texas has some of the least restrictive gun laws in the United States. In 2021, Texas became a "constitutional carry" state, meaning that the requirement to have a license to carry a handgun was removed. However, Texas law sets the age requirement to carry a gun at 21 years of age.
This age requirement was challenged in the 2022 federal court case, Firearms Policy Coalition, Inc. et. al. v. Steven McCraw, et. al. The court ruled that 18 to 20-year-olds may not be prosecuted under this restriction based solely on their age. As a result, the Texas Department of Public Safety (DPS) stated that they would no longer deny applications for Licenses to Carry (LTCs) solely because the applicants are aged between 18 and 20.
Despite this, federal law still imposes stricter minimum age limits in some cases. Licensed firearms dealers are generally prohibited from transferring handguns to people under 21 and are restricted from transferring rifles and shotguns to minors under 18. Federal law also restricts unlicensed sellers from transferring handguns to minors under 18.
In Texas, there are some additional restrictions on carrying firearms. For example, there are restrictions on carrying firearms at schools and college campuses. Additionally, if a handgun is partially or wholly visible, it must be in a holster.
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Texas law makes some places always off-limits to firearms
Texas has some of the most relaxed gun laws in the United States. In 2021, Texas became a "constitutional carry" state, meaning that people in Texas can carry a gun wherever guns are not prohibited by law.
However, Texas law makes some places always off-limits to firearms, including handguns and long guns. These places include:
- The premises of a public or private K-12 school or institution of higher education, including the grounds or buildings where a school-sponsored activity is taking place, or a passenger transportation vehicle of a school or educational institution.
- The premises where a high school, collegiate, or professional sporting or interscholastic event is taking place (unless the person is a participant in the event and a firearm is used in the event).
- The premises of a correctional or civil commitment facility.
- The premises of a hospital, mental hospital, or nursing home, unless the person carrying the firearm has written authorization from the facility's administration.
- The room or rooms where a meeting of a government entity is held, if the meeting is an open government meeting and the government entity provided the required notices regarding a prohibition on firearms.
- Racetracks and secure areas of airports.
- Polling places on the day of an election or while early voting is in progress.
- The land of the Lower Colorado River Authority.
- All state-owned riverbeds in LaSalle County and McMullen County.
- The state-owned land area and water in the Aransas and Poesta rivers in Bee County.
- The state-owned riverbeds of the Nueces, Frio, and Atascosa rivers in Live Oak County.
- No person may possess a rifle or pistol for shooting on or over the water of Murvaul Lake in Panola County.
Additionally, Texas law authorises employers to prohibit their employees from possessing firearms or ammunition on their business premises.
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Texas law allows you to carry a handgun in most public areas
Texas law allows individuals to carry a handgun in most public areas without a license to carry (LTC). This legislation, which came into effect on September 1, 2021, enables individuals who can legally possess and carry a firearm to do so in public without an LTC. Texans can still obtain an LTC, as it may offer additional benefits, such as the ability to carry a handgun in certain places where unlicensed individuals cannot.
There are, however, specific restrictions on carrying handguns in Texas. Individuals must meet the following criteria to carry a handgun in public without an LTC: they must not be restricted from possessing a firearm under federal law, have no prior felony convictions, and have no recent convictions for specific misdemeanors. Texas law also prohibits firearms in certain locations, including correctional facilities, hospitals, and mental hospitals. Additionally, businesses and private property owners can decide whether to allow guns on their premises.
The Texas State Law Library provides legal research guides to help individuals understand the complexities of gun laws in the state. The library, however, cannot determine an individual's eligibility to carry or possess a firearm. It is recommended that individuals consult an attorney or legal practitioner for specific guidance.
Texas law sets the minimum age to carry a gun at 21 years. However, a 2022 federal court case, Firearms Policy Coalition, Inc., et al. v. Steven McCraw, et al., challenged this restriction for 18-to-20-year-olds. As a result, the Department of Public Safety (DPS) stated it would no longer deny LTC applications solely based on age. Texans aged 18 to 20 can now obtain an LTC if they meet specific protective order criteria.
It is important to note that Texas's "disorderly conduct" law also regulates how people can carry firearms. Displaying a firearm in public in a manner intended to alarm is considered an offense. Additionally, Texas has LTC reciprocity agreements with other states, and individuals should refer to the Texas Department of Public Safety for detailed information.
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Frequently asked questions
The constitutional carry bill, also known as the permitless carry bill, is a law that allows legally eligible Texans over the age of 21 to carry a firearm in public without a license.
Texans must be 21 or older to carry a firearm. They also cannot have a criminal record, including convictions for domestic violence or certain types of assault.
Texas became a constitutional carry state in 2021 when Governor Greg Abbott signed the Firearm Carry Act of 2021 into law. The law went into effect on September 1, 2021.
No, Texans no longer need a license to carry a firearm in most public places. However, there are still some places where firearms are prohibited.
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