Since September, the Firearms Carry Act of 2021—HB 1927, also known as Online Texas Constitutional Carry—has been the law of the land. As a result, most people can now carry firearms without a Texas License to carry (“LTC”).
You may have heard that Texas has become a Constitutional Carry state, but you may be wondering what Texas Constitutional carry signifies for you.
Note: Even under constitutional carry, there are restrictions on carrying a handgun.
- For starters, under Texas law, people who have been convicted of a felony or a class “A” family violence offense are not permitted to carry a firearm outside of their residence.
Federal law makes it illegal for felons to:
- Possession of a firearm under any circumstances is still illegal under federal law.
- People under the age of 21 will be unable to benefit from the Texas constitutional carry law because they will be required to follow old law and can only carry on their premises or property under their control, which includes inside a vehicle and watercraft.
People who have been convicted of an assault, terroristic threat, lethal conduct, or disorderly conduct involving a firearm will be unable to use the Texas constitutional carry law for the next five years. So if that is you “no constitutional carry for you” at least for a while.
Note: You will not be allowed to carry in certainOnline Texas Constitutional Carry.
There are two legal ways to carry: open or concealed.
- If you choose to open carry, the only requirement is that your pistol is carried in a holster, which can be a chest holster, a belt holster, a shoulder holster, or a leg holster that drops down.
- If you decide to conceal carry, there are no holster requirements however we strongly suggest you do use a good holster even when carrying concealed.
Note: Even if you have a license, you may be subject to trespass by another license holder. Sections 30.6 and 30.7 of the Texas penal code will remain in full force and effect.
For instance, if you have a license, you will not be legally permitted to enter establishments or other structures that have one of these signs prominently displayed at the entrance prior to going in.
However, if you are someone who chooses to carry without a license, you won’t have to worry about these signs. The new criminal trespass warning under section 30.5, on the other hand, will make it illegal to enter the property with a firearm displaying the notice.
For instance, if you do not have a license and you see the 30.5 notice you will not be able to go in there. But if you are a license holder and you have a concealed handgun you can carry it there.
It is important to consider that at the core of the criminal trespass law; if your presence on the property is not wanted and you have no legal right to stay there; no matter if you have a license or not, if you have a gun or not, you will have to depart or be subject to arrest under section 30.5 of the Texas penal code.
Note: You will not be allowed to carry in certain places with or without a license.
It doesn’t matter whether you are a license holder or not there are certain places where you cannot carry; Such as federal government property was prohibited, correctional facilities, school premises government courts, polling places race tracks, bars government meetings, amusement parks, hospitals, and nursing homes.
Must Give Notice
For the most part, government meetings amusement parks hospitals, and nursing homes all have exceptions to include that a notice stating not to enter was prominently displayed prior to making entry.
In addition without a license, you will not be able to carry on college campuses with a license you will be able to carry on a college campus but it must be in a concealed manner only.
Originally posted on June 6, 2022 @ 9:00 am