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Texas Permitless Carry - Eligibility

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  • toddnjoyce

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    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.

    Eligibility
    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
    The age criteria is self-explanatory, so let’s look at the prohibited persons at each level. Federally prohibited persons are defined in 18 USC 922 (g). To save a jump to the link, here’s the list:
    • 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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    Sasquatch

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    Does the bill actually specify if it's 21 & over? Did Texas raise the minimum age to possess to 21, vs 18? If the bill doesn't explicitly say 21, and Texas didn't go the left-coast route of jacking up the age to possess to 21 - its not immediately clear that under permitless carry that someone 18-20 cannot carry. If the law doesn't expressly forbid it, then it would be by default legal.
     

    toddnjoyce

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    Well done. What is interesting is those offenses only count for DQ if they are in Texas.

    So if you need to commit Assault, Deadly Conduct, Terrorist threat or DO, do it outside of Texas or if in Texas, you need to get an LTC.

    Yes, assuming that person is also not disqualified under Section 411.072.
     
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    toddnjoyce

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    Does the bill actually specify if it's 21 & over?
    Yes.

    Certain persons aged 18 and over have relief via a Texas LTC though. There is also potentially some relief via amending TPC 46.15, Unlawful Carry of A Weapon, but I haven’t fully fleshed that out yet.

    Did Texas raise the minimum age to possess to 21, vs 18?
    No.
     

    Grumps21

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    So, this reads like the paperwork an FFL makes me fill out. I don’t have that questionnaire in front of me to compare, but it seems to me that as long as you qualify to buy a gun and check all the right boxes that a gun store or FFL would ask, then it’s a qualifier to carry. Is that right?
     

    toddnjoyce

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    So, this reads like the paperwork an FFL makes me fill out. I don’t have that questionnaire in front of me to compare, but it seems to me that as long as you qualify to buy a gun and check all the right boxes that a gun store or FFL would ask, then it’s a qualifier to carry. Is that right?

    Partly correct. The paperwork at the ffl (ATF form 4473) covers the federal prohibited persons, but not the state prohibitions.
     

    toddnjoyce

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    What about the suppressor thing regarding buying one in Texas and it not leaving the state is OK without the federal OK?

    Let us know how that works out for you in Federal court.

    that law, as written states basically don't do it until the bill is vetted by a Federal Court.. so don't hold your breath

    While I appreciate everyone’s concern on that topic, it is not germane to this thread. Let’s please keep this thread on topic of eligibility for Texas permitless carry.
     

    toddnjoyce

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    So in plain English, as long a person is 21 or older, isn't disqualified by our states regulations of a prohibited person, or prohibited by federal gun laws, then that person, even if they aren't a resident of Texas can legally carry without a LTC permit. Correct?

    With the addition of the misdemeanor convictions mentioned in post 1. Those few misdemeanors do not necessarily prohibit possession, nor do they make one a prohibited person, but they do explicitly disqualify a person from carry for a period of five years after the conviction.
     

    popper

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    Todd, please decipher the type of carry for us. IIRC it says 'holstered'. And locations NOT allowed.
     

    Axxe55

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    With the addition of the misdemeanor convictions mentioned in post 1. Those few misdemeanors do not necessarily prohibit possession, nor do they make one a prohibited person, but they do explicitly disqualify a person from carry for a period of five years after the conviction.

    Yes, that was my understanding of what you posted. I was simply wanting a clarification that I was reading it correctly. Thank you sir.
     
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