Texas lawmakers have passed a “constitutional carry” bill allowing Texans to legally carry a handgun in public without a government-issued permit. The Texas House passed HB 1927 by an 82 to 62 vote on May 30, 2021, while the Texas Senate passed the bill by a vote of 17 to 13 on May 31, 2021.
When the bill is signed into law by Gov. Greg Abbott, anyone over the age of 21 can carry a handgun without a permit, unless they are barred by state or federal law from owning or possessing a firearm. Additionally, convicted felons are still prohibited from carrying a gun.
After the Senate approved HB 1927 with several amendments that addressed the concerns of police officers, the bill returned to the House where Schaefer decided to send the bill to a “conference committee,” which is comprised of five members from each chamber who are tasked to resolve the differences in the two versions and create a conference committee report as a compromise.
The final version of HB 1927 includes the following provisions:
Carrying a handgun in a place that has a sign prohibiting weapons but who will leave promptly if requested can be charged with a Class C misdemeanor and a maximum fine of $200.
Individuals who are barred from carrying now include individuals who are convicted of a Class A misdemeanor for assault resulting in bodily injury, terroristic threats, and deadly conduct, as well as individuals convicted of a Class B misdemeanor for illegally discharging a firearm in public or displaying a firearm to intentionally cause alarm.
Intoxicated individuals are prohibited from carrying outside of their private property.
If a felon is found carrying a firearm, then he/she will be charged with a second-degree felony, which carries a minimum prison sentence of five (5) years. If an individual who is prohibited from carrying or possessing a firearm is found with a handgun, then he/she will face stiffer penalties compared to the previous law.
The Department of Public Safety (DPS) must create a free online firearm safety training course.
When it comes to individuals who have been convicted of unlawful possession of a firearm, anyone with a misdemeanor or felony conviction is eligible for expungement. If someone who is convicted of felony unlawful carry has his/her record expunged, then he/she will be able to own a firearm once again.
If you have been convicted of misdemeanor or felony unlawful possession of a firearm in Galveston or within the surrounding area, contact Zendeh Del & Associates, PLLC today at (409) 204-5566 for a free case evaluation. Our team of former prosecutors has more than 60 years of combined experience!
