TX State Law Library Only CC Guide - Flipbook - Page 21
WHY SHOULD I STILL GET A LICENSE
TO CARRY A HANDGUN?
Fast Lane for Firearm Purchases (Avoid Background Check Delay)
Generally, every person who purchases a firearm from a Federal Firearms Licensed dealer (“FFL”), is
subject to a background check through the National Instant Criminal Check System (“NICS”). This can
lead to delays and erroneous denials due to mistaken identity. However, no NICS background check
may be required if the transferee is legally exempt for reasons such as possessing a state-issued
firearms license like a Texas LTC. See 18 U.S.C. 922(t)(3).
Carrying a Handgun With an LTC When Under the Age of 21
An individual must be 21 years of age or older in order to take advantage of the right to carry a
handgun under the Firearm Carry Act of 2021. However, members of the military (or those honorably
discharged) remain eligible to obtain an LTC if they are between the ages of 18 and 20. This means
that a 19-year-old member of the U.S. military may obtain the right to lawfully carry a handgun in
public once they acquire an LTC. See Tex. Gov. Code Sec. 411.172(g).
School District Employees Who Have an LTC Are Protected
If you are an employee of a school district and have been issued a Texas LTC, Texas law protects your
right to keep a firearm and ammunition concealed in your locked motor vehicle while it is parked
in a school parking lot. In fact, Texas law prevents the school district from imposing any duties,
restrictions, or reporting requirements on where or how your firearms and ammunition are stored.
However, these protections are not given to employees who do not possess a valid handgun license.
See Tex. Edu. Code Sec. 37.0815.
Private Property Owners May Not Allow Constitutional Carry
There may be private property owners who have grown comfortable with license holders carrying
openly or concealed in their places of business but are uneasy with the thought of unlicensed
individuals exercising their right to carry on their property. The unlicensed people can be prevented
with effective notice under the general criminal trespass statute, Tex. Penal Code Sec. 30.05.
However, this section does not apply to license holders. In the event a property owner wants to
prevent license holders from carrying, they are still required to provide effective criminal trespass
notices under Tex. Penal Code Secs. 30.06 (for concealed carry) and 30.07 (for open carry).
LTC Holders Are Entitled to More Notice at Some Prohibited Locations
Hospitals, nursing facilities, and amusement parks continue to be statutorily prohibited places for
a person carrying a handgun under the authority of Texas Constitutional Carry. However, to enforce
this prohibition against license holders, effective Tex. Penal Code Secs. 30.06 and/or 30.07 notice
is required. See Tex. Penal Code Sec. 46.15(p) effective September 1st, 2021. Also, open meetings
of governmental entities are no longer prohibited to license holders carrying a handgun under the
authority of their LTC. See Tex. Penal Code Sec. 46.15(b)(6) effective September 1st, 2021.
Continued >>
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TEXAS CONSTITUTIONAL CARRY GUIDE 2022
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