What to know about the new permitless carry Texas gun law going into effect Wednesday

A Texas gun law going into effect Wednesday will allow people 21 and older to open or conceal carry a holstered handgun in some public places without a permit if they are not otherwise prohibited by state or federal law from possessing a firearm. 

Previously, people had to be licensed to carry (LTC) a holstered gun openly or concealed.

The Texas Department of Public Safety will continue to issue LTC permits, which involves a gun owner filling out an application, undergoing a background checking, attending an education class and being fingerprinted. 

Chad Myers, owner of JM4 Tactical, which provides firearms education and simulated training classes, welcomed House Bill 1927, also called the Firearm Carry Act of 2021. 

"It's a step forward into saying that we're going to keep our guns, our citizens are going to keep our guns, and we're going to have the right to protect ourselves here in the state of Texas, that we're not going to let the criminals win," Myers said. 

While welcoming the bill, Myers and other Second Amendment advocates also recommend that people be educated in the use of guns and in the details of gun laws to avoid misunderstandings that could have dire legal consequences about what is and is not allowed. 

"My fear is, I'm going to see a lot of people – good, honest people – get in trouble because they don't know the law, and I hate that," Myers said.

Kirk Evans, president of Houston-based U.S. LawShield, which provides its members legal defense in self-defense cases, recommended people attend a LTC class, which provides four-plus hours of education on the laws, safe gun storage and other topics. 

"Even if you don't intend to go get the license, it's a good idea to do the class," Evans said.

Taylor County Sheriff Ricky Bishop also recommends people be trained in firearms use and laws.  

"My biggest advice is for people just to make sure that they are trained on when and how to use a firearm," Bishop said. 

Highlights of the Firearm Carry Act of 2021

In a mid-June public ceremony in San Antonio, Gov. Greg Abbott signed into law HB 1927 and a handful of other gun rights bills.

Texas joins 20 other states, including Vermont, Tennessee and Oklahoma, that allow permitless carry of handguns. 

Some refer to the new law as constitutional carry, with the text of the Second Amendment of the U.S. Constitution serving as their license or permit for carrying a handgun in public, according to the U.S LawShield website. 

U.S. LawShield released for its members the 28-page "Texas Constitutional Carry Guide 2021" on provisions of the new law. Nonmembers can download the guide at legallycarry.com. 

Others prefer to call the new law permitless carry. 

"It's permitless carry because constitutional carry wouldn't have a restriction. This has a lot of restrictions," Myers said about the new law.

Following are highlights of provisions in HB 1927, based on a summary from the Texas Department of Public Safety and the U.S. LawShield guide:

► Must be 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm.

► Must not be a convicted felon or have been convicted of an assault causing bodily injury, deadly conduct, terroristic threat, disorderly conduct-discharging a firearm or disorderly conduct-displaying a firearm within the previous five years.

► Handguns can be carried concealed or openly – but must be holstered at all times unless the person is acting in justified defense. 

► An unlicensed person carrying a handgun while intoxicated and not on his property or private property with the owner's permission also can be charged with a crime.

► The previous gun law requirements that guns be kept in "shoulder or belt" holsters has been modified. "Shoulder or belt" has been stricken, meaning that handguns can be kept in an array of holsters, even in vehicles and watercrafts.  

Where permitless carry is prohibited

The law also specifies prohibited places where a person cannot permitless carry. These include:

► Schools or other educational institutions, including school-related vehicles and grounds where a school-sponsored activity is taking place.

► University campuses.

► Polling places.

► Courts or offices utilized by a court.

► Racetracks.

► Secured areas of airports.

► Within 1,000 feet of a place of execution on the day a death sentence is to be imposed.

► Bars, also called 51% places because they generate at least 51% of revenue from the sale of alcohol to be consumed on the premises.  

► Professional sporting events.

► Correctional and civil commitment facilities.

► Hospitals, nursing homes and mental hospitals.

► Amusement parks.

► A room or rooms of an open meeting of a governmental entity.

In addition, federal property is subject to federal law and typically prohibits firearms anywhere on federal property, according to the U.S. LawShield guide.

Know Your Signs

Businesses and private property owners may give notice verbally or with "no firearms" signs that permitless carry is not allowed and constitutes a trespass under Texas Penal Code Sec. 30.05.

Simply referred to as 30.05 signs, these can take several forms and be as a simple as a "gunbuster" image of a gun with a red slash through it.

These signs, however, do not apply to permitted gun holders. A business that wants to prohibit licensed gun owners from carrying on the premises can post a specific sign designated under Texas Penal Code Secs. 30.06 (concealed carry) and 30.07 (open carry). The prohibition also can be declared verbally or in writing. 

"Freedom works both ways. A store has the right to tell you whether they want you to open carry, conceal carry or if they don't want a permitless carry," Myers said. "... I tell all of our students, do you want somebody coming into your house and telling you what to do?"

Advantages to being licensed

Evans said a common question U.S. LawShield is fielding from its members about the new law is "Should I keep my LTC permit?"

 "For me it means you absolutely keep the license to carry. Get one or renew one if you can. There's a number of very positive benefits to having one," Evans said.

The No. 1 reason is reciprocity, in which some other states allow permitted Texans to conceal carry, he said.

"If you want to go over to New Mexico and you don't have an LTC, you can't conceal carry over there in New Mexico," Evans said. "Likewise, down here in Houston, if our folks want to run over to Louisiana, an hour and a half away, if they don't have their permit, they cannot conceal carry over in Louisiana.

"Even Oklahoma, which has constitutional carry, they have several places where you still have to have a permit."

Another benefit to having a LTC is when purchasing a gun, Evans said.

"If you have that license to carry, you don't have to go through the NICS (National Instant Criminal Background Check System) check, and they can't delay, or any of the stuff that normal folks might run into," Evans said. 

Having an LTC also is beneficial while traveling in school zones or dropping off children at school, Evans said.

Due to the federal Gun-Free School Zone Act, "basically you can't take a gun within 1,000 feet of a school, and that means driving through a school zone or going to pick up your kids," Evans said.

One big exception, he said, "is having a permit that's recognized in your state."

In addition, licensed holders who accidentally carry a handgun into the security area of an airport are provided a defense to prosecution not available to unlicensed carriers, according to the DPS.  Additionally, the arrest of a license holder is prohibited if the individual exits the area immediately upon notification.

While permitless carry on college campuses is prohibited, a licensed individual can continue to carry on campus, DPS said. 

License holders also can carry handguns in governmental open meetings, while unlicensed carry is prohibited, DPS said. 

Other questions about the law

Another common question: Does the new law apply only to Texas residents?

"There's nothing in the law that says you have to reside or be from Texas. Basically, anybody who is in the state legally can constitutional carry," Evans said. 

Other questions about the law may develop over time because of unintended consequences, Evans said.

"Anytime somebody passes a new law, there's a word in there somewhere some lawyer's going to twist, and nobody knows the answer until somebody gets in trouble, gets convicted and then it goes up on appeal. And then, you get an appellate court ruling that tells you exactly what that means," Evans said.

One area of concern is a gun owners possibly facing disorderly conduct charges if they display a gun in a manner that is "calculated to cause alarm," he said. 

"Folks who think with constitutional carry they can just run around the state and do whatever they want with their gun, you can't," Evans said. 

What to expect day-to-day

Evans said that he does not expect a dramatic increase in open carry of handguns when the new law goes into effect. 

"My personal opinion is I think the folks who really want to carry, pretty much already have their LTC,": he said. "So, I'm not expecting an overflow of folks carrying out on the street."

Bishop said his department may field a few more calls to the emergency center initially about people openly carrying handguns.

"It might be a lot more in the beginning, first week or two, and then it'll just fade out just like it did before and people are not going to notice it anymore," Bishop said.

Myers expects responsible handgun owners to continue to train and learn about home defense and personal safety.

"Most gun owners will train quite frequently, whether they're going to different classes, things like that, because training changes," Myers said.

"It's a developing program that's always getting better. The more cameras and dash cams and surveillance and things like that that are out collecting more information when things happen, that causes training to change. Different things are done."

More: Here's what you need to know about Texas' permitless carry law set to take effect in September

More: Gov. Greg Abbott signs bill to allow Texans to carry handguns without a permit

Laura Gutschke is a general assignment reporter and food columnist and manages online content for the Reporter-News.  If you appreciate locally driven news, you can support local journalists with a digital subscription to ReporterNews.com. 

Other new Texas gun laws

During the ceremonial signing of HB 1927 in mid-June, Gov. Greg Abbott also signed into law a handful of other gun-related bills that go into effect WednesdaySep. They are:

► Senate Bill 19, which bars government contracts with entities that discriminate against the firearm industry.

► SB 20, which prevents hotels from implementing restrictive gun policies.

► SB 550, which gives handgun carriers more freedom to choose which holster to wear.

► HB 957, which removes firearm suppressors from the list of prohibited weapons in the Texas Penal Code.

► HB 1500, which says firearms and ammunition sellers and manufacturers are essential businesses.

► HB 2622, which prohibits state and local governments from enforcing new federal gun rules.

— Nicole Cobler and John C. Moritz, Austin American-Statesman