Texas Enacts Permitless Carry Law for Handguns - What Does It Do?

UPDATE 6/17/21

• Texas Gov. Greg Abbott (R) on Thursday signed the "constitutional carry" or "permitless carry" into law at a ceremony in Austin. The provisions of the new law will take effect on September 1, 2021.

The original article appears below.

What’s the story?

• Texas Gov. Greg Abbott (R) will soon sign a bill into law that will allow Texans over the age of 21 who are legally allowed to possess a firearm to carry a handgun concealed or openly without obtaining a state permit. Abbott tweeted that he plans to sign the bill into law in the near future.
• The new “constitutional carry” or “permitless carry” law is sponsored by State Rep. Matt Schaefer (R), who offered the following statement on the Texas legislature reaching a conference agreement on his bill:

“By working together, the House and Senate will send Gov. Abbott the strongest Second Amendment legislation in Texas history, and protect the right of law-abiding Texans as they exercise their God-given right to self-defense and the defense of their families.”

• State Rep. Vicki Goodwin (D) spoke on the floor about the bill and said it’s “heartbreaking” to think of “more guns everywhere in Texas” while adding:

“The other thing that goes through my mind is that I don’t want to carry a gun. I don’t want to live in a world where I always have to look over my shoulder and be at the ready to defend myself. More guns on the street does not make us safer.” 

• Texas will soon join 20 other states that have similar permitless carry laws: Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wyoming.
• Here’s a look at what the new Texas law will do and how it changes state policy:

What will the new law do?

• If a Texas resident over the age of 21 isn’t prohibited by state or federal law from possessing a firearm, they will not be required to obtain a license to carry a handgun.
• Prior to the enactment of the new law, Texas required individuals in most cases to be licensed to concealed carry or open carry a handgun. The licensing process required applicants to be fingerprinted, undergo four to six hours of training, and also pass both a written exam and a shooting proficiency test. (Texas doesn’t require a license for openly carrying a rifle.)
• The new law enhances criminal penalties for felons and individuals convicted of domestic violence who are barred from firearm possession and are found to be carrying.
• Law enforcement officers are allowed to disarm a person at any time they reasonably believe it’s necessary for the protection of the person, officer, or another individual; and must return the handgun to the person if the officer determines they aren’t a threat. They may also question individuals solely because they’re carrying a handgun.
• The Texas Dept. of Public Safety is required to offer a free, optional gun safety course that’s available online.
• Nothing in the new law changes the requirement that a person buying a firearm from a Federal Firearms Licensee undergo a federal background check (private firearm sales between non-dealers and buyers do not require a background check in Texas).

— Eric Revell

(Photo Credit: iStock.com / CHUYN)