Texas' Hb 1927: Law Enforcement And Gun Rights

On August 11, 2021, Texas Governor Greg Abbott signed House Bill 1927, which legalized the unlicensed or permitless carrying of firearms in the state. The bill was set to become law on September 1, 2021. With the passing of HB 1927, Texas became the 21st state in the US to allow for the permitless carry of handguns.

Texas HB 1927 legalises the unlicensed carrying of firearms

Texas Governor Greg Abbott signed House Bill 1927 into law on August 11, 2021, legalising the unlicensed carrying of firearms in the state. The bill, also known as the Firearm Carry Act, came into effect on September 1, 2021, making Texas the 21st state to allow for the unlicensed or permitless carrying of firearms.

Prior to the passing of HB 1927, Texans were required to obtain a license to carry handguns openly or concealed. This involved submitting fingerprints, completing a training course, taking and passing a written exam, and demonstrating shooting proficiency.

Under the new law, Texans aged 21 or older who are not prohibited by state or federal law from possessing firearms are permitted to carry a handgun, either concealed or openly in a holster, in non-prohibited public places. This does not include establishments such as schools, courts, airports, bars, sporting events, correctional facilities, and amusement parks.

It is important to note that the law does not allow just anyone to carry a weapon. Only those who are of age (21 or older, or 18 if serving in the military) and have a clean criminal record are eligible to carry a handgun openly. Additionally, individuals who are prohibited from possessing firearms under state or federal law, such as those with felony convictions or certain misdemeanors, are still barred from carrying handguns.

The passage of HB 1927 was a significant development in Texas's gun laws and was celebrated by conservative activists and gun rights advocates. However, it also sparked concerns and criticism from gun control advocates, particularly in light of previous instances of gun violence in the state, such as the 2019 massacres in El Paso and Midland-Odessa.

Texans over 21 can carry a handgun in non-prohibited public places

The bill, signed by Governor Greg Abbott, allows Texans over the age of 21 (or 18 if serving in the military) to carry a handgun without a license. To obtain a license previously, Texans had to be fingerprinted, complete a training course, take and pass a written exam, and successfully complete a shooting proficiency exam.

However, it is important to note that Texans who are prohibited from possessing firearms under state and federal law will not gain the right to possess or carry a firearm under this legislation. This includes people convicted of certain misdemeanors in the previous five years, such as assault causing bodily injury, deadly conduct, terroristic threats, and disorderly conduct with a firearm.

Texans are still restricted from carrying firearms in certain places, including:

• Schools (K-12 and colleges) and school buses
• Courts or offices utilized by the court
• Airports past security
• Bars or establishments that make 51% or more of their income from alcohol sales
• Sporting events (high school, college, or professional)
• Correctional facilities
• Civil commitment facilities
• Amusement parks (over 75 acres, in large counties, and open at least 120 days a year)
• Governmental open meetings, if notice is provided

Additionally, Texans are prohibited from carrying a firearm while intoxicated, except on their own property, in their vehicle, or with the consent of another property or vehicle owner.

The bill also includes increased penalties for illegal possession of firearms by certain classes of people, such as those with a felony conviction or a Class A misdemeanor for family violence.

The passing of HB 1927 is a significant milestone for Second Amendment proponents in Texas, removing a key barrier to gun ownership and carry for law-abiding Texans.

The bill does not change the places where carrying a firearm is restricted

House Bill 1927 (HB 1927) legalises the unlicensed carrying of firearms in Texas. However, it does not change the places where carrying a firearm is restricted.

The bill allows Texans over the age of 21 to carry a firearm openly (in a holster) or concealed in non-prohibited places. It is important to note that the bill does not change the existing restrictions on where firearms can be carried. Texans who wish to carry firearms must still abide by the laws that prohibit the carrying of firearms in certain places.

• Access-controlled airport terminals
• Correctional facilities
• Courthouses without authorisation
• Government meetings that are open to the public
• Schools (including both K-12 and colleges, as well as school activities and school buses)
• Polling places
• Racetracks
• Bars or establishments that make 51% or more of their income from the sale or service of alcoholic beverages for on-premises consumption
• Sporting events (high school, college, or professional)
• Civil commitment facilities
• Hospitals
• Nursing homes
• Mental hospitals
• Amusement parks
• Governmental open meetings

In addition to these locations, private property owners still have the right to restrict patrons from carrying firearms on their premises. This can be done by posting clear signage or providing other forms of notice, such as verbal warnings.

It is important to note that the bill also prohibits the carrying of firearms in public places while intoxicated. Furthermore, federal law continues to restrict carrying firearms on federal property, including post offices and military installations.

HB 1927 increases penalties for illegal possession of firearms

On August 11, 2021, Texas Governor Greg Abbott signed House Bill 1927, which legalises the unlicensed carrying of firearms. The bill was set to become law on September 1, 2021.

HB 1927 increases penalties for the illegal possession of firearms by the following classes of people:

• Those with a felony conviction: minimum 5-year sentence for a second-degree felony.
• Those with a Class A misdemeanour for family violence.
• Those subject to a family violence protective order, magistration’s order for emergency protection, marriage dissolution suit protective order, or a family violence protective order from another state.

Before HB 1927 became law, Texans were required to obtain a license to carry a handgun, whether carried openly or concealed. To obtain a license, an applicant had to be fingerprinted, complete a training course, take and pass a written exam, and successfully complete a shooting proficiency exam.

With the passing of HB 1927, Texas became the 21st state to allow the unlicensed carrying of firearms. However, only those who are 21 years old or older (or 18 if serving in the military) with a clean criminal record are able to carry a handgun openly or in a holster in non-prohibited public places.

It is important to note that prohibitions on criminals possessing firearms remain in place, and the misuse of a handgun in a public place is still considered a criminal act.

The bill includes a defence to prosecution if no signage was posted

On August 11, 2021, Texas Governor Greg Abbott signed House Bill 1927, or HB 1927, into law. The bill, which took effect on September 1, 2021, legalises the unlicensed or permitless carrying of handguns in Texas.

Defence to Prosecution

HB 1927 includes a defence to prosecution if no signage was posted. This means that if an individual carries a handgun into a prohibited place, they may not be prosecuted if there was no signage to inform them that carrying a firearm was prohibited.

Prohibited Places

Prohibited places include:

• Schools (K-12 and colleges)
• School activities
• School buses
• Courts or offices utilised by the court
• Airports past security
• Bars (establishments that make 51% or more of their income from the sale or service of alcoholic beverages for on-premises consumption)
• Sporting events (high school, college, or professional)
• Correctional facilities
• Civil commitment facilities
• Amusement parks (75+ acres, in large counties, and open at least 120 days a year)
• Governmental open meetings, if notice is provided

Other Prohibited Permitless Handgun Carry

• Carry while intoxicated, except on your property, in your vehicle, or on/in another person's property or vehicle with their consent
• Campus carry is still prohibited for permitless carry (only those with an LTC carrying concealed can carry handguns on campuses, and even then, with significant restrictions)
• Handgun carry on Lower Colorado River Authority property is protected for LTC holders but not for permitless carry
• Federal property: Federal law prohibits carry on Federal property, and state law does not affect Federal property

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