Constitutional Carry: Details of the New Texas Law

Last month Texas became the 21st state in the Nation to allow citizens to carry a handgun without a license or training, known as “Constitutional Carry.”

House Bill 1927 eliminated the requirement for Texas residents to obtain a license to carry (LTC) handguns if they’re not prohibited by state or federal law from possessing a gun. Governor Greg Abbott signed the bill back in June and it took effect on Sept. 1.

Previously, residents who wished to carry a handgun either openly or concealed had to obtain an LTC through the Texas Department of Public Safety. LTC applicants have to undergo a background check, training and demonstrate proficiency with their firearm. The Constitutional Carry law does not require background checks, training or testing.

La Grange Police Chief David Gilbreath said he opposed the Constitutional Carry bill over the lack of training and background checks.

“There are some people out there who don’t need a handgun,” Gilbreath said. “There’s no background checks. If we stop somebody who’s carrying a gun, we don’t know if they’re a felon unless we ask.”

Despite his opposition, Gilbreath said anyone carrying a firearm should know to use it and the applicable laws.

Under the new law, anyone carrying a gun must be 21 years of age or older. They must be able to legally purchase and possess a handgun under both state and federal law. That means felons and certain other offenders may not legally carry a handgun. Anyone carrying a handgun may only use it if they face immediate, imminent danger.

“You have to believe you’re fixing to die,” Gilbreath said. “If someone is charging you with a baseball bat and swinging for your head, that would put you in immediate, imminent danger.”

Even in a self defense situation, Gilbreath said law enforcement officers might arrest the shooter.

“There would be a criminal investigation, and it would be taken to a grand jury,” Gilbreath said. “They’re going to look at the totality of the circumstances – what transpired before, during and after. Even though you may feel justified, it’ll be your peers who decide yes or no.”

Furthermore, Gilbreath said a self-defense shooter may still face civil liability from the person shot or their family, even if a grand jury finds the shooting lawful.

Equally important to knowing the law, Gilbreath said anyone carrying a handgun should know their weapon.

“Know how to use the gun,” Gilbreath said. “Know safety. Learn how to shoot and shoot well. Don’t go out to the range one time and think you’re an expert. It takes years of training to become proficient.”

Gilbreath said even an expert marksman can fail miserably in a gunfight.

“It’s a whole different thing, you’re either going to fight or flight, and you don’t know which one it is until you’re there,” he said. “Your brain is going to tell you to pull the trigger but you’re not going to pull the trigger.”

Gilbreath said he recommends concealed carry rather than open carry.

“You’re not making yourself into a target,” he said. “If you’re waiting in line at a store open carrying and the robbers come in, you’re the first person they shoot.”

He said people carrying guns should make sure they can maintain composure in stressful situations.

“Let’s say you get in a heated argument and lose your composure, your firearm is right there,” he said. “That’s already happened in Houston a couple of times. A postal worker got shot at a convenience store in Houston. He and another guy got into an argument and the other guy pulled out a gun and shot him.”

Many places such as schools, government buildings and hospitals prohibit the general public from carrying handguns inside.

“When you get someone that prohibits, where are you going to put the gun?” Gilbreath said. “It has to be somewhere out of the reach of kids. You can’t just stick it in the console of your car and think its safe. People get pistols stolen out of their vehicles all the time. Nearly every car burglary in La Grange results in one stolen firearm. Once they’re stolen, very rarely do we find them back.”

Gilbreath said he recommends the Licence to Carry class to anyone who wants to carry a handgun, even though it is no longer required.

“You’ll get some knowledge of the laws,” he said. “It teaches you where you can and can’t carry. You have to show proficiency with your gun.”

In Texas, people holding a license to carry do not have to undergo an ATF background check when purchasing a gun.

“A lot of people get it for that reason,” he said. “They got the license but they don’t ever carry. Plus, when you show it to a police officer, they know you’ve been checked. They know you don’t have any felony convictions or anything.”

The Texas license to carry is also recognized by 37 other states in the Nation.

“Constitutional carry may or may not be recognized in those states,” Gilbreath said. “You’re a lot better off with a license to carry.”

The new Constitutional Carry law also stiffened penalties for offenses committed while carrying a gun. Convicted felons face a second degree felony with a minimum five-year sentence if caught with a firearm. Previously it was a third degree felony. Those with a class A misdemeanor for family violence face third degree felony if caught carrying a gun. Previously the offence was a class A misdemeanor.