Dissecting Constitutional Carry in Texas: A Field Strip of HB 1927

July 7, 2021 - Texas

By James McKissick, Staff Writer | BCS Chronicle

On June 16th Texas governor Greg Abbott signed into law House Bill 1927, officially known as the Firearm Carry Act of 2021. Set to go into effect on September 1st, the Firearm Carry Act of 2021 removes the requirement to obtain a permit to carry a handgun in Texas. This will make Texas the 36th state to adopt some form of permit-less carry, and 21st for both open and concealed carry. 

While Texas as a state is typically considered to be one of the more lax in terms of firearm legislation, a state that might not be typically thought of in regards to firearms was the first to allow permit-less carry. Since the state’s founding, Vermont has had permit-less carry in their laws. Not only does Vermont have permit-less carry, state law permits persons as young as 16 to legally purchase and carry firearms so long as they provide proof of having completed a hunter safety course. Conversely, Texas prohibits purchase of handguns prior to the age of 21, and until 2021 has required a permit to carry.

Though the bill was marketed as “Constitutional Carry”, or permit-less carry, there are still limitations as to where carry is allowed, with or without a permit. Carry is permissible in public places for individuals legally allowed to own a handgun, with a lengthy list of exceptions. The exceptions include schools, busses, or school sponsored events (public and private, with the exception licensed individuals on campuses of higher education); polling places; courts and court offices; racetracks; in secured areas of airports; bars or other establishments where 51% or more of their revenue comes from sale or service of alcoholic beverages for consumption on-premises; sporting events at the high school, college, or professional level; correctional facilities; civil commitment facilities; hospitals; nursing homes; mental hospitals; amusement parks; and open governmental meetings if notice is provided. 

This lengthy list isn’t the only thing those wishing to carry a handgun have to be concerned with. There are also provisions for business owners who wish to prohibit carry on their premises. Businesses wishing to prevent carry on their premises may post a sign meeting certain requirements outlined by the bill. Those wishing to prohibit open carry may post what is called a “30.07” or “Thirty-Ought-Seven” sign, those wishing to prohibit concealed carry specifically may post a “30.06” or “Thirty-Ought-Six” sign, and those wishing to prohibit firearm carry in general may now post a “30.05” or “thirty-ought-five” sign. Each sign is named in reference to the section in the Texas penal code where the stipulations for these provisions reside. Previously hospitals, nursing homes, and businesses were required to post signs alerting individuals to the fact that firearm carry is prohibited on the premises, but under HB 1927 that is no longer applicable.

While the bill does remove the requirement to be licensed to carry a firearm in certain circumstances, it does also require that a firearm-safety course be made available for free on the texas.gov website for those that wish to educate themselves on safe firearm handling and use to help mitigate injury and death due to negligence.

Due to permit-less carry only having largely been implemented over the past ten years, combined with external factors affecting crime rates and reporting, it is difficult to measure its effect on violent crime, but rest assured many eyes will be watching.

Editor’s Note: This article originally appeared in the Bryan College Station Chronicle, a media organization which aims to share local stories within the Bryan and College Station communities.

James McKissick is a native Texan who was born in Lufkin and lived briefly in Grapevine before settling in Houston. Reach him at Jamesm9794@bcschronicle.com.