TX State Law Library Only CC Guide - Flipbook - Page 9
WHO CAN AND CANNOT CARRY UNDER
TEXAS CONSTITUTIONAL CARRY?
A person carrying a handgun under the authority of Texas Constitutional Carry must not be prohibited
under state and federal law and must meet the following requirements:
Requirement 1: Must be 21 years of age or older.
Requirement 2: Must not be prohibited from possessing a firearm in a public place under Texas law.
Who is prohibited from possessing a firearm in a public place under Texas law?
1. Felons: A person who has been convicted of a felony. See Tex. Penal Code Secs. 12.04
and 46.04(a).
2. Convicted of Assault Family Violence: A person who has been convicted of a Class A
misdemeanor assault involving a family or household member before the 5th anniversary or
release from confinement or community supervision (whichever is later). See Tex. Penal Code
Sec. 46.04(b).
3. 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).
Requirement 3: Within the past five years, the person must not have been convicted (a final
judgment of guilt) of certain offenses:
1.
2.
3.
4.
Assault Causes Bodily Injury. See Tex. Penal Code Secs. 22.01(a)(1) and 46.02(a)(2)(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).
5. 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 requirement that a person carrying under the Act be a Texas resident.
Note on “criminal street gangs”: Carrying a handgun in a motor vehicle or watercraft is not generally referred
to as “constitutional carry.” However, it is important to note, criminal street gang members (who DO NOT
hold an LTC) are generally prohibited from carrying a handgun in a motor vehicle or watercraft. The law has
moved from Tex. Penal Code Sec. 46.02(a-1)(2)(C) to Tex. Penal Code Sec. 46.04(a-1) effective September
1st, 2021. Interestingly enough, this prohibition does not extend to a person, who is a criminal street gang
member, carrying a handgun under the authority of Texas Constitutional Carry outside of their motor vehicle or
watercraft (e.g., on a public sidewalk). Chalk it up to another quirk of Texas gun law.
Continued >>
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TEXAS CONSTITUTIONAL CARRY GUIDE 2022
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