Texas-Book-Gun Law Armed And Educated - Flipbook - Page 329
future legislative session. See Tex. Gov’t Code §§ 311.025(b)
and 311.026(b).
VI. GENERALLY NON-PROHIBITED PLACES A NON-PROHIBITED
PERSON MAY CARRY WITHOUT NOTICE
Throughout this section, you will see the term “constitutional carrier.”
This term refers to a person who is: at least 21 years old; is not prohibited
under state or federal law to possess firearms and ammunition; and is
carrying a handgun concealed or openly in a holster on their person,
generally in public. See Chapter 12 for the full explanation of who
may or may not qualify under the Firearm Carry Act of 2021 to carry
a handgun without an LTC.
The following places and locations do not generally prohibit the lawful
carry of long guns or a handgun by either a constitutional carrier or
an LTC holder. However, as previously discussed, if a gun owner is
provided notice by the owner or a person with apparent authority over
a place or premises that carrying a firearm is not allowed, the person
should not proceed into that location with their gun. If the handgun
carrier ignores these warnings, criminal penalties including potential
jail time and fines would likely follow them.
A. Person’s premises or premises under their control
A person who may legally possess a handgun may do so on their
premises or premises under their control. The handgun may be loaded
or unloaded, concealed or unconcealed in any manner, whether
holstered or not. How does the law define the term “premises” in this
context? Texas Penal Code Section 46.02(a-2) states: “For purposes of
this section, ‘premises’ includes real property and a recreational
vehicle that is being used as living quarters, regardless of whether
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