Constitutional Carry - Concealed Carry of Amarillo

The Spirit of Constitutuional Carry

The Firearms Carry Act of 2021 went into effect September 1, 2021

The Second Amendment
The Second Amendment to the United States Constitution restates the broad permanent right of the prople to keep and bear arms. This amendment, like other amendmentws in the Bill of Rights, restrains the government and commands it shall not infringe upon that right.

Constitutional Carry
Contitutional Carry is a broad term applied 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.

A person carrying a handgun under the authority of Texas Constitutional Carry must generally meet the following qualifications.

Who can carry under Texas Constitutional Carry

Must be 21 years of age or older;
Must not be prohibited from possessing a firearm in a public place under Texas Law;
Must not have been convicted of :

Assualt Causes Bodily Injury;
Deadly Conduct;
Terroristic Threat;
Disorderly Conduct - discharging a firearm; or
Disorderly Conduct - displaying a firearm within the previous five (5) years; and

Must not be prohibited from possessing a firearm or ammunition under Federal Law.

Handguns Only
While the Firearm Carry Act of 2021 significantly reorganized Texas Weapons Law we generally focus on the carrying of a handgun by a unlicensed person.

How must you carry a handgun under Texas Constitutional Carry

A person carrying a hangun in public under the authority of the Act has two methods of carrying;

1. Concealed (no part of the hangun is partially or wholly visible; or

2. Openly in a holster

What conduct is Prohibited under Texas Constitutional Carry

In addition to other criminal acts located in the Texas Penal Code and elsewhere - a person openly carrying a hangun under the authority of Texas Constitutional Carry must keep the handgun holstered! A handugn should not leave the holster unless a person is acting in justified defense or other lawful activity.

A person commits an offense if the person carries a handgun while the person is intoxicated and is not:

A. on their own property or property under their control or on private propertly with the consent of the owner of the property;

B. inside of or directly en-route to a motor vehicle or watercraft;

(i) that is owned by the person or under their control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.

Places Off-Limits Under Texas Constitutional Carry

If you don't know the law or signage and carry your handgun in the wrong place

You could to to jail or be fined!

Prohibited Places: The Firearm Carry Act of 2021 conveniently reorganized the places weapons are prohibited into one location. Tex, Penal Code Sec. 46.03. With some exceptions, the following places are generally prohibited to a person carrying a handgun under the authority of Texas Constitutional Carry.

This includes the premises of:

School or educational institutions, a school or educational institution transportation vehicle, or grounds where a school-sponsored activity is taking place;
Polling place, including during early voting;
Courts and offices utilized by a court;
Racetrack where pari-mutuel wagering takes place; horse or dog racing;
The secured area of airports (i.e., inside the metal detectors);
Within 1,000 feet of locations designed by TDCI as a place of execution on the day a death sentence is to be imposed;
Bars (i.e. 51% locations);
Professional sporting events;
Correctional facilities;
Civil commitment facilities;
Hospitals or nursing homes;
Mental hospitals;
Ausement parks; and
A room or rooms of an open meeting of a government entity.

Who is prohibited from possessing a firearm in a public place under Texas Law?

Felons: A person who has been convisted of a felony. See Tex. Penal Code Secs. 12.04 and 46.04(a)
Convicted of Assault Family Violence: A peron who has been convicted of a Class A misdemeanor assault involving a family or household member before the 5th anniversasy or release from confinement or community supervision (whichever is later) See Tex. Penal Code Sec. 46.04(b)
Under Certain Protective Orders: A person, other than a peace officer, subject to a protective order, who received notice of the order and before the expiration of the order. see Tex. Penal Code Sec. 46.04(c)

Within the past five years, the person must not have been convicted (a final judgement of guilt) of certain offenses:

Assault Causes Bodily Injury. See Tex. Penal Code Secs. 22.01(a)(1) and 46.02(a)(b)
Deadly Conduct. See Tex. Penal Code Secs. 22.05 and 46.02(a)(2)(B)
Terroristic Threat. See Tex. Penal Code Secs. 22.07 and 46.02(a)(2)(B)
Disorderly Conduct - Discharging a Firearm. See Tex. Penal Code Secs. 42.01(a)(7) and 46.02(a)(2)(B)
Disorderly Conduct - Displaying a Firearm. See Tex. Penal Code Secs. 42.01(a)(8) and 46.02(a)(2)(B).

LEGAL TIP: There is no reqirement that a person carrying under the Act be a Texas resident.

If I am a law-abiding person and I can now carry a handgun without a license, should I get my Texas LTC? The resounding answer is YES. There are many circumstances where acquiring and renewing you LTC are beneficial, and in some instances, necessary.

Texas Law Gives LTC Holders More Rights

Further, even with the Firearm Carry Act of 2021 becoming Texas Law on September 1st, 2021, there remains several advantages under state law for individuals carrings LTCs; including reciprocity, being able to carry into some otherwise prohibited locations, and expedited firearms purchases.

Reciprocity: Texas LTC Out-of-State Recognition

Of primay importance to many people is carrying a handgun for self-defense while traveling to other states. Most states will honor a Texas LTC, and several states have permitless carry. However, if you want to lawfully carry your handgun in the following states, you will be required to have an LTC: Alabama, Colorado, Delaware, Florida, Georgia, Indiana, Iowa, Louisiana, Michigan, Nebraska, Nevada, New Mexico, North Carloliina, North Dakota, Ohio, Pennsylviana, South Carolina, Tennessee, Virginia, Wisconsin, and Wyoming.

Federal Gun-Free School Zones

Generally, the Federal Gun-Free School Zone Act prohibits carrying a firearm with 1000 feet of a public, parochial, or private elementary, middle or high school. There are several exceptions to this law: primarily among them is this prohibition does not criminalize the carrying of a firearm by a person who holds a handgun permit or licesne from the state where the schoold is located. This means a person who carries an accessible handgun in their behicle while picking up or dropping off their child without a Texas LTC violate federal law; where as a Texas LTC holder does NOT.

Texas Constitutional Carry Chart

LOCATION

With LTC Without LTC Long Gun

________________________________________________________

Handgun Handgun Handgun Handgun

Concealed Open Concealed Open

Private property with owners consent Y Y Y Y Y

Motor vehicle of watercraft with owners consent Y Y Y Y Y

A public place that has provided no notice

and is not otherwise prohibited by TPC 46.03 Y Y Y Y Y

A liquor, grocer, or convienence store that sells

alcohol that has provided no notice prohibition Y Y Y Y Y

Employee parking lots Y Y Y Y Y

Established place of religious worship, including
churches and synagogues without notice of prohibition Y Y Y Y Y

A public place with only a TPC 30.06 "no firearms" sign
that is reasonably likely to come to the attention of intruders Y Y N N N

A public place tha only has effective TPC 30.06 sign
prohibiting concealed carry N Y Y Y Y

A public place that only has effective TPC 30.07 sign
prohibiting open carry Y N Y Y Y

A place that has posted effective TPC 30.05, 30.06, and
30.07 signs or provided personal notice N N N N N

A prohibited location with a TPC 46.03 sign N N N N N

A business receiving 51% or more of its income from
serving alcohol for comsumption on premises N N N N N

Elementary or secondary school premises (not including
parking lots, sidewalks, and walkways, outside of building
in a school or educational instutiution trasportation vehicle
or grounds or building where a school sponsored activity
is taking place, without written authorizaiton N N N N N

Within 1,000 feet of a school (outside of buildings) Y Y N N N

Premises, grounds or buildings (including collegiate
sporting events of an institution or highter
education on which a sponsered activity is taking place
or a passenger transportation vehicle of an institution
of higher education where effective 30.06 sign is not posted   Y              N              N                N               N

College campus or area, including a driveway, street,
sidewalk or walkway, parking lot, parking garage, or other
parking area of an institution of higher education, where
effective TPC 30.06 is not posted                                         Y              Y               Y                Y               Y

Professional sporting event                                              N             N               N                N               N

Premises of a pari-mutual racetract horse or dog racing        N              N                N                N               N

National park (except buildings and facilites) state parks
and state forest                                                                Y               Y                Y                Y                Y

In a secured area of an airport (i.e. inside the metal det)      N              N                N                N                N

A hospital or nursing facility or amusement park with
no effecitive TPC 30.06 or 30.07 notice                                Y              Y                N                N                N

Room of an open meeting of a government entity                Y              Y                N                N                N

A court or office used by the court, without permission        N             N                N                 N                N

Correctional or civil commitment facility, or within 1,000
feet of a Texas Department of criminam justice place
of execution on the day a death sentence is set to be imposed N           N                N                N                N

U.S. Post Office, VA Hopsital, or other place prohibited by
federal law, including parking lots and sidewalks                   N             N                N                N                N
Polling Place on election day, including during early voting     N             N                N                N                N