- You will know the laws regarding use of force and deadly force
- 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.
- The statutory prohibition against carrying a handgun into a bar does not apply to a license holder unless the bar has posted its 51% sign in accordance with the law.
See Tex. Penal Code Sec.46.15(p) effective September 1st, 2021.
- The campus of an institution of higher learning also holds some benefits for the holder of a Texas LTC.
An unlicensed, constitutional carrier will now be allowed to walk the parking lots, parking garages, streets, sidewalks, and walkways of a college campus, as well as grounds where a school sponsored activity is NOT taking place. However, once that individual reaches the threshold of a building or sporting event of that college or university, they cannot carry. Alternatively, a person who holds a Texas LTC will be able to conceal his or her handgun and walk into that building or sporting activity as long as there is not a 30.06 sign. See Tex. Penal Code Secs. 46.03(a-2), (a-3), and (a-4) effective September 1st, 2021.
- LTC Holders Are Allowed “Oopsies” at Airports
When traveling by air, a license holder retains their ability to avoid arrest in the event they inadvertently leave their handgun in their carry-on baggage, as long as they promptly depart the secured area when notified they are in possession of a handgun. The unlicensed individual who leaves a handgun in their carry-on bag is given no such courtesies and may find themselves charged with a felony. See Tex. Penal Code Secs. 46.03(e-1) and (e-2) effective September 1st, 2021.