The right to keep and bear arms is enshrined and enumerated in the U.S. Constitution. The Second Amendment states, “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” The Supreme Court of the United States further explained the meaning of the second amendment in District of Columbia v. Heller, 554 U.S 570 (2008). Heller explained that individual self-defense is a basic right, which forms the central component of the Second Amendment’s right to keep and bear arms, and which is deeply rooted in the nation’s history and tradition which protected the right of all citizens to keep and bear arms.

Rifles and shotguns are classified as long guns. There are not many Texas restrictions pertaining to the carry of long guns. However, there are still some stipulations that are codified in Section 46 of the Texas Penal Code and Title 18 of the United States Code that restrain people that have been convicted of certain crimes from owning and possessing firearms. In addition, there are regulations on the manufacturing and operation of firearms themselves. It is important for anyone who may have questions concerning eligibility and qualifications to read the applicable statutes.

On September 1, 2021, Texas became a “constitutional carry jurisdiction.” This means that people are no longer required to have a License to Carry (LTC) in order to exercise their right to carry a handgun. The right to carry is subject to, as previously mentioned, state and federal regulations that govern how and who may exercise their right to bear arms.

Who may carry a handgun? In Texas, a person must be at least 21 years of age to carry a handgun. A person cannot have any prior felony convictions under Texas Penal Code 46.04 or recent misdemeanor convictions under Texas Penal Code 46.02 and 46.04. In addition, a person cannot be subject to a court order preventing the possession of a firearm. Also, a person cannot be intoxicated. It is important to read the applicable statutes for a more in-depth explanation of who may carry a handgun.

Where may a person carry? Some common places that prohibit the carry of a handgun are as follows: School grounds, the secure portion of an airport, polling places, racetracks, places of business that derives 51% or more of business from sale or service of alcohol, correctional facilities, hospitals, and courts, just to name a few. For a comprehensive list see section 46.03 and 46.035 of the Texas Penal Code. In addition, firearms may also be prohibited on private property and establishments displaying the appropriate signage under Texas Penal Code 30.06 and 30.07.

How may a person carry? In Texas, handguns must be carried in a holster. If a handgun is unholstered and in plain view, a person may be subject to criminal punishment. Furthermore, any law-abiding resident, who has the legal right to possess a firearm, may do so in their vehicle. For more information see the Texas Motorist Protection Act and Texas Penal Code 46.02.

Carrying a firearm is a right enjoyed by many Texans, but be sure if you exercise that right, that you do so with the knowledge and understanding of the applicable state and federal laws.