Texas Constitutional Carry Law 2021 -Summary

[Veteran]

The USCCA has published a guide to the new Texas Constitutional Carry Law. It is attached in a PDF file below.

Of course they have this disclaimer in their guide: DISCLAIMER: The information contained in this guide is provided as a service to USCCA Inc. Members and the concealed carry community and does not constitute legal advice. We make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed.

So, read and use at your own risk, but it seems like very good information. The states which have either full or restricted reciprocity with Texas for concealed carry with a Texas license is a good reference. This is just all common sense in my opinion. Don't drive drunk, don't carry while drinking,
don't do stupid stuff. Read it, especially if you live in Texas and are gonna carry with or without a license.

(I noted if you have a dishonorable discharge, you are not allowed to carry. I can think of some people who were never in the military but
would be court martialed and given a dishonorable discharge if they were.........they have that designation in the public opinion if not from the department of defense. I.E. like the old time western series "Branded", they have been rumored to have cut and run.)

 

[QuietTexan]

I'm a 7th Generation Texan. My family has been here for six governments under four different national flags. I love this place.

And this is absolutely hilarious:

Intoxication
Carry is prohibited if you are intoxicated anywhere other than:

■ On your own property or property under your control or on private property with the consent of the owner; or​

■ Inside of or directly en route to a motor vehicle or watercraft:​

- That is owned by you or under your control; or​

- With the consent of the owner or operator of the vehicle or watercraft.​

Carry is prohibited if you are intoxicated anywhere other than inside of a motor vehicle (t)hat is under your control...

 

[Veteran]

Yeah, but they have a different part of the "code" that deals with intoxication while operating a motor vehicle that is either under your control or not being controlled, even though ye are a tryin ta. They don't need to throw the whole book at ya. Just the part of it
that hurts the most if ya are actin stupid. And like Bill Clinton would say, "How do ya define control"?

I'm a born and raised in Texas - Texan. But, I have lived in Virginia, Germany, Illinois, Michigan, Texas 4 times. Currently in Michigan but travel to Texas a lot for hunting and family and friend visits.

Governments of Texas - Spain, France, Mexico, Republic of Texas, U.S. A., Confederate States, U.S.A.

Flags of Texas - Spain, France, Mexico, Republic of Texas, Confederate States, U.S.A.

Seems like if your family came to Texas for 6 governments, that would mean likely they came between 1800-1821 during the
time Spain ruled before Mexican independence from Spain. That would mean Spain, Mexico, Republic of Texas, U.S. State of Texas,
Confederate State of Texas, U.S. State of Texas --six governments. So, all six of these also had 5 different flags?

Where do you get only 4 national flags but six governments?

 

[QuietTexan]

Oh I know they can hammer you, just funny how the wording shook out.


Got here in 1825.

Four Flags/ National Governments - First Mexican Republic, Republic of Texas, United States of America (twice, but the same Constitution, so one nation), Confederate States of America. We weren't here for the Spanish or the French.

The six State Governments were the 1827 Cohuila y Texas state government formed under the Mexican Republic, the 1845 Texas state government after admittance to the US, 1861 Ordinance of Succession government that joined the CSA, US military government of 1861, the Reconstruction government of the 1866 Constitution, and finally the current 1876 Constitutional government. I'm not counting the Texas Republic national government of 1836-1845 since there weren't any states inside the country at the time. I could have been more clear by governments I meant state level governments... because that's the level that should be more important than the Federal government here at home.

I'll be honest, I had to look up how many there were:

The Constitutions of Texas | Texas Government

courses.lumenlearning.com

Sorry to completely derail. I did like the summary the new signs. It was interesting that a license is a defense against a business failing to post a red 51% sign, but the new carry law doesn't provide that defense for unlicensed carriers.

51% signs that indicate the establishment sells alcohol by the drink and receives more than 51% of its income from
alcohol sales. Only concealed carry permit holders have a legal defense if effective notice has not been provided
[Texas Penal Code § 46.15(p)]

I'm also unclear on solo 30.06 signs without an accompanying 30.05, but I'm not going to be a test case for it. 30.06 says it's trespassing by a license holder, but doesn't address that unless the 30.05 sign is also there it's not trespass by a non-license holder, so is there a conflict between the two sections?

 

[Veteran]

Oh I know they can hammer you, just funny how the wording shook out.


Got here in 1825.

Four Flags/ National Governments - First Mexican Republic, Republic of Texas, United States of America (twice, but the same Constitution, so one nation), Confederate States of America. We weren't here for the Spanish or the French.

The six State Governments were the 1827 Cohuila y Texas state government formed under the Mexican Republic, the 1845 Texas state government after admittance to the US, 1861 Ordinance of Succession government that joined the CSA, US military government of 1861, the Reconstruction government of the 1866 Constitution, and finally the current 1876 Constitutional government. I'm not counting the Texas Republic national government of 1836-1845 since there weren't any states inside the country at the time. I could have been more clear by governments I meant state level governments... because that's the level that should be more important than the Federal government here at home.

I'll be honest, I had to look up how many there were:

The Constitutions of Texas | Texas Government

courses.lumenlearning.com

Sorry to completely derail. I did like the summary the new signs. It was interesting that a license is a defense against a business failing to post a red 51% sign, but the new carry law doesn't provide that defense for unlicensed carriers.



I'm also unclear on solo 30.06 signs without an accompanying 30.05, but I'm not going to be a test case for it. 30.06 says it's trespassing by a license holder, but doesn't address that unless the 30.05 sign is also there it's not trespass by a non-license holder, so is there a conflict between the two sections?

Texas Locations Off-Limits to Permitless Carry ■ Prohibited locations posted with Texas Penal Code § 30.05 or § 46.03 signs;



Locations Off-Limits to Open Carry, Even With a Permit ■ Prohibited locations posted with Texas Penal Code § 30.07 or § 46.03 signs;



Locations Off-Limits to Concealed Carry, Even With a Permit ■ Prohibited locations posted with Texas Penal Code § 30.06 or § 46.03 signs;



If any of the signs, 30.06 or 30.07 are present, it means no firearms. If only a 3.05 is present, it may mean you can still carry concealed, or open carry if you have a permit.

30.05 just means you cannot carry without a permit, and it is much more restrictive in terms of the length of the list. I believe that 30.06 and 30.07 are identical lists but shorter as permit holders may be able to carry in some places that people with no permit cannot carry, hence the longer list under 30.05.

I think there will be some Texan who saw a 30.06 sign though and thought to himself well if ya can carry a 30.06 I oughta be able to carry this peashooter in there???

 

[Veteran]

Hope I got that right? It's my interpretation, but I am no lawyer, so I take the same disclaimer USCCA did!

But, I do have a PHD from the School of Hard Knocks, and stayed at Holiday Inn.