Texas ‘permitless carry’ law goes into effect

No license or training will be required

 

VICTORIA, Texas – A big change for gun laws has arrived in Texas. Starting September 1st, 2021, Senate Bill 1927 will allow Texans who legally own a firearm can carry it openly without a permit or training as long as it’s concealed or in a holster. The only restriction, you must be legally allowed to own a gun. This means you cannot have a felony, a conviction of domestic violence, deadly conduct, terroristic threats or disorderly conduct with a firearm.

The new law says Texans carrying a handgun under the authority of Texas Constitutional Carry may do so in any public non-prohibited place or a public place without effective notice, either verbally (i.e., “Hey, we don’t allow guns in here.”), or in writing, that carrying a handgun is prohibited.

There are two methods of carrying under Texas Constitutional Carry.
A
person carrying a handgun under the authority of Texas Constitutional Carry may either carry (1) concealed or (2) openly in a holster.
1.
Concealed: No part of the handgun is visible based on ordinary observation. Examples of concealed carry: No part of the handgun is visible while inside a pocket, bag, holster, case, or jacket.
2.
Openly in a holster: A handgun that is partially or wholly visible based on ordinary observation must be carried in a holster. Examples of open carry in a holster: handgun is partially or wholly visible while being carried in a belt holster, shoulder holster, ankle holster, appendix holster, pilot holster, chest holster, or backpack holster.

Prohibited Places: The following places are generally prohibited to a person carrying a handgun under the authority of Texas Constitutional Carry. This includes these premises:

  1. Schools or educational institutions, a school or educational institution transportation vehicle, or grounds where a school-sponsored activity is taking place (see Tex. Penal Code Sec. 46.03(a)(1)); 3rd Degree Felony.
  2. Polling places, including during early voting (see Tex. Penal Code Sec. 46.03(a)(2)); 3rd Degree Felony.
  3. Courts or offices utilized by a court (see Tex. Penal Code Sec. 46.03(a)(3)); 3rd Degree Felony.
  4. Racetracks where pari-mutuel wagering takes place: horse or dog racing (see Tex. Penal Code Sec. 46.03(a)(4)); 3rd Degree Felony.
  5. Secured areas of airports (i.e., inside the metal detectors) (see Tex. Penal Code Sec. 46.03(a)(5)); 3rd Degree Felony.
  6. Within 1,000 feet of locations designated by TDCJ as a place of execution on the day a death sentence is to be imposed (see Tex. Penal Code Sec. 46.03(a)(6)); 3rd Degree Felony.
  7. Bars (i.e., 51% locations) (see Tex. Penal Code Sec. 46.03(a)(7)); 3rd Degree Felony.
  8. Professional sporting events (see Tex. Penal Code Sec. 46.03(a)(8)); Class A Misdemeanor.
  9. Correctional facilities (see Tex. Penal Code Sec. 46.03(a)(9)); 3rd Degree Felony.
  10. Civil commitment facilities (see Tex. Penal Code Sec. 46.03(a)(10)); Class A Misdemeanor
  11. Hospitals or nursing homes (see Tex. Penal Code Sec. 46.03(a)(11)); Class A Misdemeanor.
  12. Mental hospitals (see Tex. Penal Code Sec. 46.03(a)(12)); 3rd Degree Felony.
  13. Amusement parks (see Tex. Penal Code Sec. 46.03(a)(13)); Class A Misdemeanor.
  14. A room or rooms of an open meeting of a governmental entity (see Tex. Penal Code Sec. 46.03(a)(14)); 3rd Degree Felony.

Emily Taylor, a program lawyer with the U.S./Texas Law Shield says this new bill is a big change in the law but not so much in practicality.

Really what we changed is, those people who could already carry long guns around and who already have handguns in their homes and their cars and businesses, now they can carry that handgun into HEB or a gas station without a permit, so a big change in the law, yes it affected a lot of different codes, practically, I’m not sure it’s as big as a deal as a lot of people are saying,” says Taylor.

This new law doesn’t mean it’s easier to buy a handgun from a gun store, you still need to pass a federal background check and it’s still highly encouraged to take a gun training class when you buy a new weapon. Obtaining your gun license is also strongly encouraged.

To read more on this, click here to view the Texas Constitutional Carry Guide from the U.S. Lawshield.