This is the first in a series of posts to capture in an organized manner how permitless carry will be implemented in Texas assuming Governor Abbott does not veto HB 1927.
The Texas Permitless Carry Act (HB 1927, 87th Regular Session) makes changes to Texas Penal Code 46.02 that will enable someone to carry a handgun on their person so long as the following criteria is met:
If any of the above conditions exist for any jurisdiction in the United States, be it local, state, or federal, a person is NOT ELIGIBLE to exercise the right to carry a firearm under Texas Permitless Carry. Now, let’s look at Texas’ definition of a prohibited person.
Texas prohibits persons from possessing a firearm in several places under Texas Penal Code Sections 46.04, 22.01, certain persons who are the subject of a protective order under Section 46.04 (c), and persons meeting any of the criteria listed in 18 U.S.C. Section 922(g), including persons adjudicated to be mentally incompetent. Additionally, TPC 46.02 will be amended by the Texas Permitless Carry Act to prohibit a person from carrying a handgun or about their person for a period of five years after conviction of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8). These are Texas specific convictions. Here’s the list of offenses, but a jump to the links will be needed for details.
Eligibility
THE BILL WILL NOT BE EFFECTIVE LAW UNTIL SEPTEMBER 1, 2021
THE BILL WILL NOT BE EFFECTIVE LAW UNTIL SEPTEMBER 1, 2021
The Texas Permitless Carry Act (HB 1927, 87th Regular Session) makes changes to Texas Penal Code 46.02 that will enable someone to carry a handgun on their person so long as the following criteria is met:
- Age: 21 years of age or older AND
- Not a federal prohibited person AND
- Not prohibited by the state of Texas
- 18 U.S. Code § 922 - Unlawful acts
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
If any of the above conditions exist for any jurisdiction in the United States, be it local, state, or federal, a person is NOT ELIGIBLE to exercise the right to carry a firearm under Texas Permitless Carry. Now, let’s look at Texas’ definition of a prohibited person.
Texas prohibits persons from possessing a firearm in several places under Texas Penal Code Sections 46.04, 22.01, certain persons who are the subject of a protective order under Section 46.04 (c), and persons meeting any of the criteria listed in 18 U.S.C. Section 922(g), including persons adjudicated to be mentally incompetent. Additionally, TPC 46.02 will be amended by the Texas Permitless Carry Act to prohibit a person from carrying a handgun or about their person for a period of five years after conviction of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8). These are Texas specific convictions. Here’s the list of offenses, but a jump to the links will be needed for details.
Sec. 42.01. DISORDERLY CONDUCT, Specifically, on those convictions under
(a) A person commits an offense if he intentionally or knowingly:
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
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