Texas' 'Constitutional Carry': What It Means and Where You Can Carry

It's a question many Texans have been asking since September 1, 2021: can anyone now carry a handgun in the Lone Star State? The short answer is, for most adults, yes, but with some important nuances.

This shift in law, often called "constitutional carry," means that if you're an adult without certain disqualifying criminal convictions, you can generally carry a handgun without needing a specific license. This applies to both open carry (in a holster) and concealed carry in most public places across Texas. It's a significant change from the previous "licensed carry" system.

However, and this is a big 'however' for many, this new freedom doesn't extend everywhere. Think about places like college campuses. At institutions of higher education in Texas, like the University of Texas at Austin, the rules are different. The "Campus Carry" law, which was enacted earlier, still holds sway. This means only individuals who have obtained a License to Carry (LTC) are permitted to carry a handgun on campus, and even then, it must be concealed. Open carry is not allowed on these campuses, even for LTC holders.

So, what does it take to get that LTC that unlocks campus carry? Generally, you need to meet about 14 different standards. This includes being a Texas resident for at least six months, being 21 or older (unless you're active military or a veteran with an honorable discharge), having no felony convictions, not facing certain criminal charges, and not being chemically dependent. Crucially, you also have to prove you know how to handle a handgun safely by completing a course taught by a qualified instructor. There are some exemptions, particularly for military veterans.

The law specifically covers handguns – pistols, revolvers, or other firearms designed to be fired with one hand. And even if you have an LTC from another state, you still have to follow Texas' age restrictions when you're here. Texas doesn't have reciprocity agreements that allow younger individuals with out-of-state licenses to carry here if they don't meet Texas' minimum age for an LTC.

Implementing these campus carry policies involved a lot of thought and input. At UT Austin, for instance, a working group gathered feedback from students, faculty, staff, and parents to develop the institution's specific rules. These policies were then reviewed and approved by the UT System Board of Regents. One detail that emerged from this process is the definition of a "sole occupant office" – a private workspace assigned to one person, not generally open to the public, with walls extending to the ceiling. Oral notice, a spoken notification about carry rules, also needs to be delivered in a legally effective way, meaning it must be clearly communicated by the sole occupant.

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