TX State Law Library Only CC Guide - Flipbook - Page 7
TEXAS CONSTITUTIONAL CARRY
SUMMARY
A person carrying a handgun under the authority of Texas Constitutional Carry must generally meet the
qualifications below. Each topic is also explained in greater detail in the pages to follow. Additionally,
you will find Frequently Asked Questions (“FAQ”) at the end of this guide (see page 22).
Who Can Carry Under Texas Constitutional Carry? (see pages 8-9 for full explanation)
1. Must be 21 years of age or older;
2. Must not be prohibited from possessing a firearm in a public place under Texas law;
3. Must not have been convicted of: (1) Assault Causes Bodily Injury; (2) Deadly Conduct;
(3) Terroristic Threat; (4) Disorderly Conduct - Discharging a Firearm; or
(5) Disorderly Conduct - Displaying a Firearm within the previous five years; and
4. Must not be prohibited from possessing a firearm or ammunition under federal law.
What Weapons are Covered by Texas Constitutional Carry? (see page 10 for full explanation)
Handguns Only! While the Firearm Carry Act of 2021 significantly reorganized Texas weapons law
(Texas Penal Code Chapter 46), we generally focus on the carrying of a handgun by an unlicensed
person for the purposes of this guide.
How Must You Carry a Handgun Under Texas Constitutional Carry? (see page 11 for full explanation)
A person carrying a handgun in public under the authority of the Act has two methods of carrying:
1. Concealed (no part of the handgun is partially or wholly visible); or
2. Openly in a holster.
What Conduct Is Prohibited Under Texas Constitutional Carry? (see page 16 for full explanation)
In addition to other criminal acts located in the Texas Penal Code and elsewhere—a person openly
carrying a handgun under the authority of Texas Constitutional Carry must keep the handgun holstered! A
handgun should not leave the holster unless the person is acting in justified defense (see Texas Penal
Code Chapter 9) 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 property with the consent
of the owner of the property; or 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.
Continued >>
6
|
TEXAS CONSTITUTIONAL CARRY GUIDE 2022
U.S. LawShield®
