Texas Constitutional Carry
On June 16, 2021, Governor Greg Abbott signed HB 1927, the Firearm Carry Act of 2021, into law, or Texas Constitutional Carry.
HB 1927 will allow legally eligible gun owners 21 years and older to carry their firearms without a Texas License to Carry.
On September 1st 2021 the law went into effect. There are several things you should know about Texas Constitutional Carry before you start carrying.
Who can Carry a Firearm?
A new law (HB 1927) took effect on September 1st, 2021. Now, people who qualify under the law can carry a handgun in a public place in Texas without a license to carry. Texans can still apply for an LTC since it may carry additional benefits.
Generally, to carry a handgun in public in Texas without an LTC, a person must:
- Be at least 21 years old
- Not have a prior felony conviction as described in Texas Penal Code Section 46.04
- Not have a recent conviction for certain types of misdemeanors as described in Texas Penal Code Sections 46.02 and 46.04
- Not be subject to an unexpired protective order as described in Texas Penal Code Section 46.04(c)
- Not be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g)
- Not be intoxicated, except in certain situations as described in Texas Penal Code Section 46.02(a-6)
The new Texas law does not give the right to carry a handgun to anyone who was prohibited before the new law took effect.
Places Guns Might Be Prohibited
Texas law gives most private property owners the power to choose whether they want to allow guns on their property or not. If property owners want to ban guns, they generally need to let people know by posting specific signs or by giving people notice another way.
Certain businesses and other places that are considered “prohibited places” for firearms under Penal Code Sec. 46.03 have different rules for giving notice that guns are not allowed (for example, hospitals, racetracks, and amusement parks).
See the pages of this guide on Businesses & Private Property and Religious Property for more information about how private property owners can prohibit guns.
Schools and College Campuses
There are restrictions on carrying firearms at schools and college campuses. HB 1927, which removed the requirement to have a license to carry a handgun, did not eliminate these restrictions.
How can you carry a gun?
People in Texas must carry a handgun in a holster. The holster does not have to be a shoulder or belt holster. Before HB 1927 took effect on September 1st, 2021, people in Texas needed to have a license to carry a handgun and they needed to keep their handgun in a shoulder or belt holster.
Section 46.02 of the Penal Code requires a handgun be carried in a holster, but it does not provide a definition of the word “holster.”
Texas law does not specifically say how you can carry a long gun such as a rifle. However, some people are prohibited from owning or possessing a firearm by law.
For more information as well as Constitutional carry videos check out this link: Texas Department Of Public Safety