First off, Texas is NOT the premier Second Amendment state it claims to be. There are a lot of restrictions.So, I currently live in NC and enjoy OCing throughout this state and VA without a license. I will very likely be moving to TX (Austin area) before the end of the year. Is the info in the trifold still valid? Has anything changed since 2016?
It looks like I'll have to take a class and ask the gov't for permission to carry...
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Yeah, bro - current Texas carry laws are disappointing, to say the least. However...
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
Someone please point me to a case that makes open carry without a license a crime. Based on Section 46.035 if you get a license you agreed to be regulated.Article I - Sec. 23. RIGHT TO KEEP AND BEAR ARMS. 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.
The default in Texas is that carrying a handgun is prohibited. The law then creates some exceptions.Someone please point me to a case that makes open carry without a license a crime. Based on Section 46.035 if you get a license you agreed to be regulated.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:The default in Texas is that carrying a handgun is prohibited. The law then creates some exceptions.
Penal Code 46.02 is what you're looking for.
"Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;"
best of luck...might review,The governor signed the bill into law yesterday (June 16, 2021). It goes into effect on 9/1.
I believe you are reading from the house version, not the final enrolled version. The Dutton amendment was removed in the final version (411.2049 portion of your quote). IMO explicitly stated or not, it would be a violation of rights to detain such a person without some other articulate-able reason. I live in Round Rock. I wonder how this is going to play out?