texas
texas

Texas Gun Laws

Introduction

Texas is bordered to the south by Mexico and the Gulf of Mexico, to the north by Oklahoma, to the west by New Mexico, and to the east by Arkansas and Louisiana. Texas is both the second most populous and the second most extensive of the United States.

A. State Constitution

Regarding the right to bear arms, the Texas Constitution states:

“Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”

[http://Ez.com/glbs175]

B. Scope of Preemption

The controlling language of Texas’ preemption statute is set forth as follows:

“A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.”

[http://Ez.com/glbs176]

C. Reciprocal Carry

By statute, Texas will recognize another state’s license to carry if that state recognizes Texas’s license:

“The governor shall negotiate an agreement with any other state that provides for the issuance of a license to carry a concealed handgun under which a license issued by the other state is recognized in this state or shall issue a proclamation that a license issued by the other state is recognized in this state if the attorney general of the State of Texas determines that a background check of each applicant for a license issued by that state is initiated by state or local authorities or an agent of the state or local authorities before the license is issued.”

[http://Ez.com/glbs177]

Since there is no national carry license, as with the other states, some states are reciprocal with Texas and some are not. Anyone contemplating reciprocal carry should check with the official list maintained by the Texas Attorney General at the point in time the reciprocal carry is to occur. States add anddelete states with reciprocity agreements over time.  Texas’s reciprocity agreement can be viewed here: [http://gunla.ws/94ds]

D. Criminal Provisions

In Texas it is unlawful to possess a firearm in the following prohibited places:

    • on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
    • No private or public institution of higher education may enact any regulation prohibiting or restricting the storage or transportation of a firearm or ammunition in a locked, privately owned vehicle including a student enrolled at the institution. [http://gunla.ws/sqen]
    • On the premises of a polling place on the day of an election or while early voting is in progress;
    • On the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
    • On the premises of a racetrack;
    • In or into a secured area of an airport;
    • Within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice

[http://gunla.ws/4601]

Additionally, a license to carry a handgun is not valid in any of the following places or circumstances, whether it is issued by Texas, or a person is carrying pursuant to a reciprocity between his or her state of license and Texas:

  • Intentional failure to conceal the handgun
  • Where a business derives more than 51% of its income from the sale of alcoholic beverages for consumption on the premises
  • At a high school, collegiate, or professional sporting event, or interscholastic event
  • A correctional facility
  • On the premises of a polling place on the day of an election or while early voting is in progress
  • On the premises of any government court or offices utilized by the court
  • In or into a secured area of an airport
  • On the premises of a racetrack
  • Any meeting of a governmental entity
  • While intoxicated

[http://Ez.com/glbs178]

A license to carry a handgun is valid in the following places or circumstances, unless the carrier receives notice that the carrying of a handgun is forbidden:

  • Hotels unless the hotel has notified the guest upon reservation confirmation [http://gunla.ws/psen]
  • A hospital
  • An amusement park
  • A church, synagogue, or other established place of religious worship

[http://gunla.ws/3001]