Texas Constitutional Carry: Law And Order?

Texas' constitutional carry law, which eliminates the need for a License to Carry (LTC) to carry a handgun in public, came into effect on September 1, 2021. Texans can still obtain an LTC, which offers benefits such as reciprocity in states with similar legislation and expedited access to the Texas Capitol. The law change does not expand gun rights to anyone prohibited from carrying a firearm before the amendment. Certain places, such as schools, polling places, airports, and private properties with appropriate signage, still have firearm restrictions.

Texas LTC License

In Texas, a License to Carry (LTC) is a permit that allows you to carry a handgun in public. Texans are not legally required to obtain an LTC to carry a handgun in public, but there are benefits to doing so. An LTC is valid in many states and simplifies the process of purchasing firearms. It can also be used as a valid form of ID when casting a ballot and grants expedited access into the Texas Capitol.

To obtain a Texas LTC, you must meet certain eligibility requirements, including being a legal resident of Texas for the six-month period preceding the date of application, being at least 21 years of age, and not having any felony convictions or certain types of misdemeanors. The process of obtaining an LTC includes taking a class, passing a shooting test, and registering with the state. The class can be taken online or in person and covers Texas laws regarding the carrying of handguns. After completing the class, you will need to pass a shooting proficiency test and submit your application and fingerprints to the Texas Department of Public Safety.

It's important to note that even with an LTC, there are certain places in Texas where firearms are not allowed, such as schools, polling places, airports, amusement parks, and private properties with signage prohibiting weapons. Additionally, Texas law sets the age requirement to carry a gun at 21 years of age, and it is important to understand the legal requirements and restrictions before carrying a firearm in public.

While Texas has removed the requirement for a license to carry a handgun in public, obtaining an LTC can provide several benefits and ensures that individuals are knowledgeable about the laws and regulations surrounding firearm ownership and use.

No license required to carry a handgun in public

Texas law no longer requires people to have a license to carry (LTC) to carry a handgun in most public places. This change came into effect on September 1, 2021, when the Texas Legislature passed House Bill 1927. Texans can still obtain an LTC, as it may carry additional benefits, such as allowing the licensee to carry in states with reciprocity agreements with Texas, and it can be used as a valid form of ID when casting a ballot.

To be eligible to carry a handgun in Texas without an LTC, a person must generally:

• Not be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922.
• 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 Sections 46.02 and 46.04.
• Not be subject to an unexpired protective order as described in Section 46.04(c).
• Not be a member of a criminal street gang as described in Section 46.04(a-1), and not carry a gun in person or in a car or boat.
• Not be intoxicated, except in certain situations as described in Section 46.02(a-6).

It is important to note that firearms are always restricted in certain places, such as schools, polling places, secured areas of airports, and amusement parks. Additionally, owners of private property can choose to ban firearms on their premises by providing "notice," which can be in the form of spoken or written communication, including signage.

While the law removes the requirement for an LTC to carry a handgun in public, there are still requirements and restrictions in place. Texans are still required to know the laws regarding carrying a handgun. For example, if a handgun is partially or wholly visible, it must be in a holster. Additionally, Texas law sets the age requirement to carry a gun at 21 years of age, although there have been legal challenges to this restriction.

Age requirement to carry a gun

Texas law sets the age requirement to carry a gun at 21 years of age. However, in 2022, a federal court case, Firearms Policy Coalition, Inc. et. al., v. Steven McCraw, et. al., challenged the constitutionality of this restriction. The court ruled that 18-to-20-year-olds may not be prosecuted under this restriction based solely on their age.

As a result of this case, the Texas Department of Public Safety (DPS) stated that they would no longer deny applications for LTCs (License to Carry) solely on the basis of age. Texans who are at least 18 years old but not yet 21 can apply for an LTC if they meet all other license requirements and are protected under an active protective order or magistrate's order for emergency protection.

It is important to note that federal law still prohibits individuals under 21 from purchasing a handgun from a licensed dealer. Additionally, Texas law does not specifically put restrictions on who can carry a long gun, such as a rifle or shotgun. However, some people are prohibited from owning or possessing any firearm by law.

While Texas law allows 18-to-20-year-olds to apply for an LTC, it is always advisable to consult with an attorney to understand the specific requirements and restrictions that may apply to your situation.

Places where guns are prohibited

Texas law allows people to carry guns in most places, but there are some locations where firearms are prohibited. These places include:

• Schools: It is prohibited to carry firearms on the premises of a public or private K-12 school or institution of higher education, including during school-sponsored activities and in transportation vehicles. However, individuals with valid handgun licenses may be authorised to carry concealed handguns on college campuses, events, and transportation.
• Polling places: Firearms are not allowed on the premises of a polling place during elections or early voting.
• Government courts and offices: Guns are prohibited in government courts and offices utilised by the court without written authorisation.
• Racetracks: Texas law prohibits firearms on the premises of racetracks.
• Airports: Carrying firearms in the "secured area" of an airport, which includes areas inside metal detectors, baggage claim areas, and motor vehicle parking areas used by passengers, is not allowed.
• Businesses with liquor licenses: Businesses that derive 51% or more of their income from the sale or service of alcohol for on-premises consumption prohibit firearms on their premises.
• Sporting events: Firearms are prohibited on the premises of high school, collegiate, or professional sporting events, unless the person is a participant in the event that involves the use of a firearm.
• Correctional or civil commitment facilities: Guns are not allowed in correctional or civil commitment facilities.
• Hospitals, mental hospitals, and nursing homes: Carrying firearms in these facilities is prohibited unless written authorisation is obtained from the facility's administration.
• Amusement parks: Texas law bans firearms in amusement parks.
• Government meetings: Firearms are not allowed in the room where an open meeting of a government entity is being held if the meeting is open to the public and the entity provided notices regarding the firearm prohibition.

In addition to these places, Texas law also prohibits firearms on certain state-owned lands and authorises employers to prohibit employees from possessing firearms or ammunition on their business premises.

Benefits of obtaining a firearms license

As of 2021, Texas law no longer requires people to have a license to carry (LTC) to carry a handgun in most public places. Texans are still able to obtain an LTC, and there are several benefits to doing so.

Firstly, individuals with a gun license are viewed as more law-abiding and responsible citizens in the eyes of law enforcement, prosecutors, and courts. This can be especially beneficial if you are facing firearm-related charges, as it demonstrates that you take gun safety seriously.

Secondly, a license allows you to carry your firearm in more places. For example, there are different rules for unlicensed carry and licensed carry near schools and colleges. Additionally, some private property owners and businesses may specifically prohibit unlicensed carry, whereas licensed individuals may be permitted to carry their firearms on these premises.

Thirdly, a license can streamline the process of purchasing a firearm. In many states, presenting a valid license exempts you from the mandatory background check that typically accompanies the sale of a firearm, thus saving time and bypassing potential delays caused by bureaucratic hurdles.

Furthermore, obtaining a gun license involves completing a firearm training course. This course covers the legal aspects of carrying a concealed weapon, as well as safety and handling procedures. This education fosters a deeper understanding of the responsibilities of gun ownership and encourages a more disciplined approach to carrying and using firearms.

Lastly, a gun license can offer enhanced personal protection, providing peace of mind and a sense of security in knowing that you have the means to protect yourself and your loved ones in dangerous situations.

While Texas has loosened restrictions on open and concealed carry, obtaining a firearms license can still offer these significant benefits to gun owners.

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