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Who can carry Firearms in Texas?


nelson

Question

People who may be said to legally carry arms under conditions in Texas include:
1.    licensed persons: any person licensed with a License to Carry may carry a concealed or openly carried firearm in most public places with some restrictions;.


2. Permit less/Constitutional Carry: Effective September 1, 2021, Texas permits permit less carry or "constitutional carry" for individuals age 21 and over who are otherwise not prohibited by law from possessing a firearm to carry handguns openly or concealed without a permit.


3. Law Enforcement: Police officers, sheriff's deputies, and other law enforcement personnel may carry firearms both on duty and off duty.


4. Active military personnel and honorably discharged military personnel are permitted to possess firearms when their status may indicate otherwise-even if they are under the age of 21.


5. Private property: Anyone can have a firearm on their own property, in their vehicle or on their watercraft-if they may lawfully possess firearms.
Still, there are some places that are considered off grounds in carrying firearms: schools, government buildings, private property with postings regarding the prohibition of firearms.
Of course, here is more information about who can carry firearms in Texas and related restrictions:


6. Employees of a private business: Many employers allow their employees to carry firearms while on duty, especially if the nature of one's work has something to do with security. In this case, everything depends on the politics of the company and whether the person has the legal right to possess a firearm.


7. Inter-state travelers: According to federal law, the states cannot prohibit a person from passing through their state with a firearm. The traveler has general protection while traveling through Texas if he is legally permitted to possess firearms in both his state of origin and his destination. Firearms should be kept in a place of safekeeping in the vehicle if a person does not have a License to Carry in Texas.


Restrictions and Prohibited Persons

Even with Texas's lenient gun laws, there are specific people who are not allowed to carry firearms:
• Felons: Convicted felons shall not possess firearms except that their rights may be restored under federal or state law.
• A person convicted of domestic violence: If a person has been convicted of domestic violence, an restraining or protective order against them, they shall not keep and carry a firearm.
• Less than 18 years: They are permitted to possess firearms for such activities as hunting and sport shooting; this must be done with adult supervision.
Certain mental health conditions: Those who have been ruled mentally incompetent or committed to a mental facility are not typically permitted to hold or carry any firearm.
Open Carry vs. Concealed Carry:
•Open Carry: With the condition that the individual is authorized to do so, that is, licensed or under the permit less carry law, open carrying of a handgun is authorized while it is in a holster. Open carrying of long guns, such as rifles, has even less regulation and does not require a permit.
•Concealed Carry: If someone has an LTC or qualifies under the Texas statute for permit less carry, they may carry a handgun in a concealed manner.


Firearm-Free Zones
Even those who are licensed or those eligible under constitutional carry cannot carry firearms in the following places, including:• Schools and educational institutions
• Courthouses or places where court proceedings are taking place
• Polling places during elections
• Airports beyond security checkpoints
• Bars and businesses making more than 51% of their income from alcohol
• Private properties properly posting 30.06 for concealed carry, and 30.07 for open carry, signs prohibiting firearms.
The violation of these restrictions may be considered as criminal offense or one may be deprived of the right to carry firearms.


Carrying Firearms in Vehicles
Texas law exemplifies that one does not necessarily require an LTC to carry firearms in his or her private vehicle provided that:
• Handguns: One may carry a handgun in one's vehicle provided it is concealed, which would even include the glove compartment or if holstered when carried openly. He must not be prohibited by law to possess a firearm, such as a convicted felon.
Long guns: Texas law does not require long guns - like a rifle or shotgun - to be concealed or to be holstered while in a vehicle; long guns may be openly carried. However, they must be transported in a safe and secure manner.
Firearms carried in vehicles cannot be taken onto certain restricted locations like school grounds, except that they can be left securely in the vehicle.


Requirements for Ownership of Guns
While Texas has broad liberties to possess guns, the following are the basic regulations for buying and possessing firearms in Texas, to wit:
• Age: A person must attain at least 18 years of age for purchasing rifles or shotguns from licensed dealers. For buying handguns, the minimum age is 21 years. In some instances, however, 18-year-old persons may buy handguns from private sellers.
• Background Checks: All those buying guns from licensed dealers are subjected to a federal background check through NICS. The latter checks against disqualifying factors like felony convictions and possible mental problems.
• No permit to purchase. Texas does not require a permit to purchase firearms or a waiting period for purchasing guns


Firearm Storage
Responsible firearm ownership also extends to a commitment to safe storage to prevent accidents or unauthorized access, such as by children. Texas law makes gun owners legally responsible if a child accesses a firearm with negligent storage.
Child access prevention: Texas law considers it a crime to leave an loaded firearm in a place where a child under age 17 can access the firearm without adult supervision unless the firearm is secured, for example, locked in a safe or secured with a trigger lock.


Castle Doctrine and Stand Your Ground
Texas law has the Castle Doctrine, under which deadly force in defense of oneself or others may be justified in certain circumstances. Under this doctrine
• The individuals have no obligation to retreat when threatened in their own home, vehicle, or place of business.
• It further justifies Stand Your Ground-wherein, if being threatened with an imminent danger, a person is not compelled to retreat before using force for self-defense, so long as he is in a place where he may lawfully be.
That means that, for Texans, if a person feels they have reason to believe that they are in imminent danger, they have the right to self-defense using firearms, but it must be with enough force to basically correspond to the threat presented.


Reciprocity with Other States
Texas has reciprocity agreements with numerous states, meaning a Texas LTC holder can legally take those states with firearms and vice versa, under specific conditions, but each state is different in its various laws. That will be important to understand when visiting any state.

Conclusion
While Texas allows broad rights concerning carrying firearms, it remains of grave importance that individuals reinstate awareness of the statutory and regulatory requirements, restrictions, and responsibilities that constitute gun ownership. Consequences of failing to abide by these regulations include serious criminal consequences along with the revocation of gun rights. Proper firearm handling, secure storage, and knowledge of locations proscribed for possession of firearms are all integral parts of the enterprise of lawful ownership in Texas.

Edited by nelson
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