"What you need to know about the law!"

  • Effective Spetember 1, 2021 

    The information provided below is not meant to be an all-inclusive explanation of HB 1927 and the related statutes, just a general overview of the law change.  For specific legal advice we recommend you consult an attorney.
    What does the so-called "constitutional" or "permitless" carry legislation authorize?
    House Bill 1927 (2021), known as the “Firearm Carry Act of 2021,” authorizes most Texans over 21 years of age to carry a handgun in a concealed manner or openly in a holster, without the requirement to first obtain a handgun license. It does so by modifying language in the Texas Penal Code by making it a crime to carry “on or about his or her person a handgun” only if he or she “is younger than 21 years of age” or “has been convicted of, in the five-year period preceding the date the instant offense was committed:”
    1. Assault causing bodily injury, including to their spouse.
    2. Deadly conduct, including discharging a firearm at persons, a habitation, a vehicle or a building.
    3. Making a terroristic threat.
    4. Disorderly conduct by: (a) discharging a firearm in a public place other than a public road or a sport shooting range; or (b) displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm.
    In addition, a person convicted of a felony, or a family violence offense is prohibited from possessing a firearm, with some limited exceptions.
    In what places is a person prohibited by state law from carrying a firearm?
    State law prohibits the carrying of certain types of firearms in certain places. A “firearm” generally means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. A “handgun” is a subset of “firearm” and means any firearm that is designed, made, or adapted to be fired with one hand.
    A person commits a third-degree felony if the person intentionally, knowingly, or recklessly possesses or goes with any firearm, whether they hold a license or not:
    1. On the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution.
    2. On the premises of a polling place on the day of an election or while early voting is in progress.
    3. On the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court.
    4. On the premises of a racetrack.
    5. In or into a secured area of an airport, i.e., “an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.”
    6. Within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that doing so is prohibited (unless the person is on a public road and going to or from his home or business).
    7. On the premises of a business that is licensed by the Texas Alcoholic Beverage Commission and that derives 51 percent or more of its business from the on-premises sale of alcohol.
    8. On the premises where a high school, collegiate*, or professional sporting event is taking place, unless the handgun is used for the event.
    9. On the premises of a correctional facility or a civil commitment facility.
    10. In certain amusement parks.
    Sign to Ban Unlicensed Carry of Firearms
    Section 30.05 of the Texas Penal Code (as amended by HB 1927) will have an option for private property owners to post a sign that prohibits the carry of firearms (handguns and long guns) on the property. 7605
    For more information on this topic follow the link below.