Texas Constitutional Carry

I have not looked much into the Texas constitutional carry law passed recently (I’m licensed and nothing has really changed). However I do have one question.

Is it illegal to carry a gun without a license into a business that has a sign that says “Must have a license to possess firearm”?

3 Likes

The recent open carry law did not change penal code 30.05 and penalty for not following posted signs meeting 30.06 and 30.07 requirement. It’s still a Class A misdemeanor.

It also did not include the “savings clause” originally proposed. So even if you left immediately after you were told, you will still be charged.

1 Like

No, it is not illegal. The business must have properly displayed signs (30.06-30.07) as defined by the state at all public entrances. (Technically if you find a door that does not have the sign you have a defendable argument.) Also, the universal NO sign over a handgun sign does not meet the state requirements and means nothing legally.

2 Likes

You are correct based on what I remember from my LTC class. What i am still wondering is how property owners rights are allowed to override the 2A Constitutional Right to bear arms. Yes, there are well established property rights and they are backed by case law, but they are not spelled out in the Constitution as are the 2A rights. If you have a God given right to life, liberty and the pursuit of happiness and the God given right to bear arms per the 2A, why are property owners allowed to take that right away? It seems that their ‘property rights’ are ‘lesser rights’ than the specific Constitutional right to bear arms.

Hey, @Scoutbob, here’s what is on the USCCA Reciprocity Map today (9/13/21)

Shared with CloudApp

Please be sure to check the Reciprocity Map for updates as there may be changes since the above graphic was posted.

2 Likes