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With Texas HB 1927, also known as the Firearm Carry Act of 2021, being signed into law in June 2021; the issues regarding legally carrying a firearm in Texas have become convoluted. To make sense of the legality around the topic, we have comprehensively broken-down what HB 1927 allows as well as found the benefits of having a Texas LTC.
Texas HB 1927 allows all Texas residents aged 21 or older who can legally possess a firearm, to be able to carry a handgun- both concealed, or openly in a holster- in non-prohibited public places. This legislation comes with additional provisions which relate to increased punishments for those found in possession of an illegally possessed weapon (i.e., convicted felons, individuals convicted of a family violence offense, or those subject to protective orders). HB 1927 does not allow for the carry of firearms in businesses or areas where a sign pertaining to Texas Penal Code 30.05 regarding firearms possession is displayed.
The Texas LTC (License to Carry) came about to replace the Texas CHL (Concealed Handgun License) as the verbiage in Texas HB 1927 allowed for both concealed and open carry. However, individuals who hold a Texas LTC still are afforded legal protections and additional advantages over permitless carry. The benefits of having a Texas LTC are as follows: circumvent Texas Penal Code 30.05 with regards to firearm possession, acts as an alternative to the National Instant Criminal Background Check System (NICS) check, and state reciprocity.
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Texas Penal Code 30.05 relates to statutes and elements of the crime of criminal trespass. Mainly what this allows is for a private business or property to dictate who is allowed on the premises. If a business or property owner displays various different signs or universally recognized markings it is understood prima facia that a person commits an offense if they enter the property. Additionally, 30.05 allows property owners to place stipulations on persons coming onto their property. One of the more popular stipulations is prohibiting unlicensed firearm possession. An LTC holder meets the license requirement however which would exempt them from committing a criminal offense by entering the premises or facility with a firearm. LTC holders should keep in mind though that private business and property owners can still prohibit the carrying of licensed individuals in a concealed (TPC 30.06) and open manner (TPC 30.07). Both aforementioned statutes designate that in order to commit a violation of law, the individual must have “received notice” that handgun possession is prohibited on the property.
The Brady Handgun Violence Prevention Act of 1993 created the ATF Form 4473 as a mandatory requirement from all FFL firearms purchases. Essentially an individual attempting to purchase a firearm from a gun dealer must answer questions on the form and then is subjected to a background check. One of the benefits of having a Texas LTC is that gun dealers are allowed to recognize the license as meeting the requirements for the background check thus allowing LTC holders to make gun purchases more quickly.
The last major benefit of having a Texas LTC regards state reciprocity agreements. Individuals who possess a valid Texas LTC can legally carry their firearm in all states but the following: California, Connecticut, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Puerto Rico, Rhode Island, Washington, and US Virgin Islands. Additionally, it should be noted that Colorado, Florida, Michigan, and South Carolina only recognize Texas LTC holders that are Texas residents.
Overall, there are many reasons an individual wishing to carry a handgun responsibly should seek out and obtain a Texas LTC. This article helps to highlight some of the main legal reasons and benefits of having a Texas LTC; however, a better trained and informed gun owner is a safer more responsible gun owner. Seek out additional training if you are planning to carry a firearm daily; be it a Basic Pistol Class, a Defensive Pistol Class, or Fundamentals of Pistol Marksmanship. Anyone who carries with the intent to protect themselves, their family, or others should strive to constantly improve their skillset as well as learn tactics and principals in the application of deadly force, you or your loved one’s life may depend on it.
