Texas-Book-Gun Law Armed And Educated - Flipbook - Page 271
For those unfamiliar with the law, “constitutional carry” is a broad
term that applies to states that do not require a license or permit
to carry a handgun. The name “constitutional carry” has caught
on in recent years as a reference to the Second Amendment of
the United States Constitution, with supporters pointing to the text
of the Second Amendment as their “permit” or “license” to carry
a handgun in public. It is important to note that every state that
enacts constitutional carry has a unique version, and not every
“constitutional carry” is the same.
Texas legislators have introduced constitutional carry legislation
every session since 2013. But, in 2021, constitutional carry for
handguns finally became a reality in Texas after the 87th Legislature
passed, and Governor Abbott signed, House Bill 1927 (The
Firearm Carry Act of 2021), introduced by State Representative
Matt Schaefer.
The general idea of Texas Constitutional Carry is 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 right.
However, the law surrounding Texas Constitutional Carry is not
simply common sense. We wish we could say it was easy—if you
can legally buy a firearm, you can carry a handgun in public without
a license—but that is not the case. As discussed in the previous
chapter, age limitations, who may lawfully carry, how a person
must carry, where carrying is allowed, and other restrictions apply.
Although where a person may carry will be discussed in depth in
the next chapter, we first need to start with some basics: how to
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