NorthEast Texas LTC!

The Firearm Carry Act of 2021 will take effect on September 1, 2021.

Until September 1, 2021, a non-prohibited person who does not have a License to Carry (“LTC”) must continue to carry a handgun as if they were unlicensed, (e.g., concealed in a motor vehicle, inside their house, on their property, NOT on their person in public, etc.).

Permitless carry means that a permit is not required to carry a concealed handgun. It is also known as “Constitutional Carry” or “Unrestricted Carry”. Constitutional Carry is a broad term applied to states that do not require a license or permit to carry a handgun. The general idea being that every person who is NOT prohibited by law from legally owning a handgun should be free to carry it openly or concealed in public and not fear prosecution for simply exercising their 2A right. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Other states are partially unrestricted, meaning that certain forms of concealed carry may be legal without a permit while other forms of carry require a permit. Each state sets the age limits as well as other restrictions.

The TCC (TEXAS Constitutional Carry) will allow persons 21 years of age or older to carry a firearm on person in public, who are NOT prohibited from possessing a firearm in a public place under Texas law and who in the last 5 years have NOT been convicted of: Assault Causing Bodily Injury; Deadly conduct; Terrorist Threat; Disorderly Conduct by Discharging a firearm; Disorderly Conduct by Displaying a firearm (Brandishing); must not be prohibited from possessing firearms or ammunition under Federal law; TEXAS residency is NOT a requirement to Constitutional Carry.

For example, you must be qualified to purchase a handgun under the State and Federal laws.
A number of factors may make you ineligible to constitutional carry, NOT ALL ARE LISTED BELOW, such as:

• felony convictions and most misdemeanor convictions that are less than five years old, (including charges that resulted in probation or deferred adjudication),
• pending criminal charges,
• chemical or alcohol dependency,
• certain psychiatric diagnoses,
• protective or restraining orders,
• defaults on taxes, governmental fees, or child support.

See Texas Gov’t. Code § 411.172.

Handguns only! Texas has simplified the weapon law. Unlicensed carrying of handguns will now be treated like long guns. With TCC, handguns can be carried openly in any holster or concealed (with or without a holster).

There are two (2) ways to carry under TCC.  Concealed: no part of the handgun is visible based on ordinary observation.  Ex. handgun is not visible while inside a pocket, bag, holster, case, or jacket.  Open carry in a holster: a handgun that is partially or wholly visible based on ordinary observation must be carried in a holster.  Ex. 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.

Concealed means that the weapon cannot be visible, and that its presence cannot be discernible through ordinary observation. It is a criminal offense for a license holder to carry a handgun in plain view, or to intentionally fail to conceal the weapon.

As of January 1, 2016 Texas is an open carry state. A License to Carry (LTC) is still required to carry a handgun openly or concealed in public, in some instances conceal carry may be the only option and businesses need to have legal and correct signage. Know your rights and know the laws.

A license holder (or Texas Constitutional Carry person) may carry a handgun anywhere in Texas that is not expressly prohibited by law. Those prohibitions appear in several provisions of the Texas Penal Code.

NOTE: It is the person’s responsibility to remain informed and knowledgeable of new laws.

For example, §46.035, Texas Penal Code prohibits carrying of handguns and other weapons:

• On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption; such premises are required to post notices under Texas GC §411.204;
• On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place;
• On the premises of a correctional facility;
• On the premises of a hospital or nursing home if effective notice of prohibition is given per Penal Code Chapter 30 (unless the licensee has written authorization); such premises also are required to post notices under Texas GC §411.204;
• In an amusement park (if effective notice of prohibition is given per Penal Code Chapter 30);
• At any meeting of a governmental entity (if the meeting is subject to the Texas Open Meetings Act per Government Code Chapter 551, and effective notice of prohibition is given per Penal Code Chapter 30);
• On the premises of State Hospitals (in accordance to Health and Safety Code, Chapter 552, and effective notice of prohibition is given per Penal Code Chapter 30).

In addition, §46.03, Texas Penal Code specifically prohibits handguns in the following locations:

• On the physical premises of a school, grounds or buildings on which an activity sponsored by a school is being conducted, or in a school transportation vehicle;
• On the premises of a polling place on the day of an election or while early voting is in progress;
• On the premises of any government court or court offices (unless the licensee has written authorization from the court);
• On the premises of a racetrack;
• In or into a secured area of an airport; or
• Within 1,000 feet of premises designated as a place of execution on the day a sentence of death is set to be imposed.

With respect to possession in motor vehicles or watercraft, Penal Code Section 46.02 provides that a person may possess a handgun in his or her motor vehicle or watercraft so long as the handgun is concealed and the person is not:

• Engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
• Prohibited by law from possessing a firearm; or
• A member of a criminal street gang, as defined by Penal Code Section 71.01.

The requirement that the weapon be concealed does not apply to a person licensed under the License to Carry a Handgun statute who is carrying the handgun in a holster.

Be advised that Sections 46.02, 46.03 and 46.035 provide numerous exceptions and defenses to prosecution that may apply and should be carefully reviewed.

Yes. If a peace officer reasonably believes a safety risk exists, he/she may temporarily disarm you. Be courteous and non-confrontational and follow directions IMPLICITLY!

Most likely the firearm will be checked to see if it has been reported stolen.  Upon completion of the traffic/Terry stop, your firearm will be most likely returned to you (as long as you are FREE to go).

Yes.

Private property owners may exclude Texas Constitutional Carry [TCC] from carrying both concealed and openly on their property by giving the TCC effective notice as provided in Section 30.05, Texas Penal Code.

Private property owners may exclude license holders from carrying concealed handguns on their property by giving the license holder effective notice as provided in Section 30.06, Texas Penal Code.

Private property owners may exclude license holders from carrying openly on their property by giving the license holder effective notice as provided by Section 30.07, Texas Penal Code.

Private property owners may exclude ALL firearms (open or concealed) from both licensed and unlicensed persons on their property by giving the person effective notice as provided by Section 46.03, Texas Penal Code.

For the purpose of these four statutory sections, the owner of the property or someone with apparent authority to act for the owner may provide effective notice.