Texas Law Clarifies Unlawful Carrying of Weapons Amidst 'Constitutional Carry' Misconceptions
Despite the passage of House Bill 1927 in 2021, often referred to as 'Constitutional Carry' or 'Permitless Carry,' many Texans are being arrested for unlawful carrying of weapons due to misunderstandings of the law. While the legislation removed the general requirement for a License to Carry (LTC) a handgun in public, it did not abolish Texas Penal Code § 46.02 (Unlawful Carrying Weapons) or § 46.03 (Places Weapons Prohibited). Permitless carry is only lawful if an individual meets specific criteria, including being at least 21 years of age (with some exceptions), having no prior felony convictions, no recent violent misdemeanor convictions within the past five years, no active protective orders, and no federal prohibitions on firearm possession. Failure to meet these conditions, or carrying a handgun in prohibited locations or manners, can lead to immediate arrest, firearm confiscation, and serious misdemeanor or felony charges.