Texas-Book-Gun Law Armed And Educated - Flipbook - Page 324
Previously, Texas law allowed the governmental entity to give notice
to prevent handguns carried openly or concealed, by requiring the
governmental entity to provide notice to LTC holders that handguns
were not permitted in the room or rooms where their meeting is
actually held. With the passage of the Firearm Carry Act of 2021,
this is no longer the case. LTC holders cannot be prohibited from
carrying a concealed handgun or visibly holstered handgun in an
open meeting, assuming the place is not otherwise prohibited. See
Tex. Penal Code § 46.15(b)(6); see also Government Code Chapter
551. This stands in stark contrast to the person who carries under
the authority of Texas Constitutional Carry, who commits a felony
by carrying into the open meeting.
N. General defenses and certain classifications
As mentioned above, there are, of course, certain exceptions to
possessing firearms and other weapons in the places listed in Texas
Penal Code Section 46.03. Most of these defenses pertain to LTC
holders, but others are in line with a person acting within the scope
of their employment or duties.
1. Volunteer emergency services personnel and first responders
In 2021, the 87th Legislature enacted a law pertaining to first
responders and handguns. It seems that the Legislature meant to
strike (or at least combine) the previous law relating to voluntary
emergency services personnel, but the old law was not repealed
or seamlessly transitioned into the new law. As a result, Texas law
provides exceptions to Texas Penal Code Section 46.03 for both
volunteer emergency personnel and first responders. However, it
is important to note that the law is more permissive for volunteer
emergency personnel than first responders, as volunteer emergency
personnel have more opportunities for defenses to prosecution.
Law Of Handgun Carry: Part III 313
