Constitutional Carry

On June 16, 2021, Governor Greg Abbott signed HB 1927, the Firearm Carry Act of 2021, (commonly known as the constitutional carry bill) into law. HB 1927 (commonly known as the constitutional carry bill) will allow legally eligible gun owners 21 years and older to carry their firearms without a Texas License to Carry (“LTC”) beginning September 1, 2021.

But before you start carrying your everyday carry (“EDC”) gun openly or concealed without an LTC, there are several things you should know.

What does HB 1927 do? add
  • Allows law-abiding individuals age 21+ to carry a handgun openly (in a holster) or concealed in non-prohibited places for the protection of themselves and their families — without having to first obtain a License To Carry (“LTC”). Prohibitions on criminals possessing firearms remain in place (e.g., felons, fugitives from justice, individuals committed by the courts for mental illness, illegal aliens, domestic abusers, etc.); increases the penalty for felons in possession of a firearm.
  • Misuse of a handgun in a public place remains a criminal act.
Who cannot carry a handgun i a public place under HB 1927? add
  • Persons prohibited from possessing a firearm. 18 U.S.C. 922(g); Texas Penal Code 46.04.
  • Persons convicted within the past five years of misdemeanor bodily assault causing injury, deadly conduct, terroristic threat, or disorderly conduct (display or discharge) of a firearm. (Penal Code 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8).)
  • Note: HB 1927 applies equally to Texas residents and out-of-state individuals
What places are prohibited under HB 1927? add
  • If you are on someone else’s property—their property, their rules. Private businesses can prohibit unlicensed carry by giving notice under Penal Code 30.05. The penalty is a Class C misdemeanor and a maximum $200 fine if the individual leaves immediately when told.
  • HB 1927 maintains currently prohibited places for persons without an LTC.
  • Prohibited places include schools (including college premises), polling places, courts or offices utilized by the court, racetracks, airports past security, bars, sporting events, correctional facilities, civil commitment facilities, hospitals, nursing homes, mental hospitals, amusement parks, and governmental open meetings.
  • HB 1927 prohibits the unlicensed carrying in a public place while intoxicated.
  • Carry on Federal property is still restricted by federal law; note that it is a federal felony offense to carry onto post office property or military installation.
Can I or should I still get an LTC? add
  • HB 1927 does not repeal existing LTC law. Texans who are eligible for an LTC can still obtain an LTC.
  • Continued benefits of an LTC:
    • Reciprocity (when carrying in other states that recognize the LTC);
    • Firearm purchases (those with an LTC receive a Federal exemption from a background check when purchasing a firearm from a dealer);
    • College campus carry;
    • Carry in open meetings of governmental entities.

In conclusion, on September 1, you are allowed to carry a handgun without a permit if you are not prohibited from doing so.  If you plan on carrying a handgun on NCTC, you MUST have an LTC and the weapon MUST be concealed.  HB 1927 did not change any of the requirements for Campus Carry