Today’s question: What is the status of Texas Constitutional Carry? Can I constitutionally carry under Texas law? Who is qualified to carry under Texas Constitutional Carry? What is the new gun law all about? The Armed Attorneys break down the gun law that applies to the Firearm Carry Act of 2021 and Texas permitless carry. Don’t miss this update about the most important Texas gun bill of 2021.
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Richard D. Hayes, II: @TXGunLaw
Emily W. Taylor: @2A_Attorney
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today we’re going to talk about who is qualified to carry a handgun under texas constitutional carry also known as the firearm carry act of 2021. so let’s start off with the qualifications uh one of the most important being being 21 years of age or older … you can’t be prohibited under state law do you want to talk about what those disqualifications are yeah so there’s a couple they’re pretty easy to remember you’re going to know if one of these applies to you uh you know you can’t have a domestic violence conviction for assault causing bodily injury you can’t be under an active protective order and this is unfortunate because really i mean not only does it suspend your right to constitutional carry it suspense your right to possess firearms period while you’re under this active order and unfortunately that active order um is sitting there before you’re even convicted of the offense so if you’ve just been accused of a family violence offense you’re generally going to have one of these orders issued against you your firearm rights are effectively gone while that order is in place and the third one is not being a convicted felon and so those are someone someone who’s been convicted of a crime where the possible punishment imposed is greater than a year confinement and so uh you find this list of of places in texas penal code 46.04 that’s our where our prohibited people are there’s one more there that’s criminal street gangs that doesn’t relate to constitutional carry but they’re in that list as well but those other three prohibitions that emily and i talked about you’ll find those in 46.04 now it’s important to note there’s another list of prohibitions just as as a practical matter that would that would disqualify you from possessing firearms or ammunition those are the prohibitions under federal 18 u.s.c. 922 subsection g so those are the people if you couldn’t go purchase a gun under federal law as a practical matter you’re not going to be able to engage in in constitutional carry it’s important to note that even though it’s not in the statute yeah and you know interestingly enough richard you know when you actually pull the firearm carry act of 2021… if you’re 21 years of age or older have zero criminal history um you know and you’re not prohibited under federal law it’s really easy to say yes you’re likely going to qualify for constitutional carry now if you have some criminal history that’s when it becomes a little bit dicey especially when it comes to misdemeanors can you talk about some of those disqualifying misdemeanors yeah so and we’ve been calling this the carve out because essentially you’ve got this five year almost cooling off period if you’ve been convicted of certain misdemeanors and it’s five misdemeanors it’s assault causes bodily injury such a class a assault we’ve got deadly conduct we’ve got terroristic threat which sounds like something a lot worse than it is really it’s just threatening someone placing them in fear of bottle injury serious bodily injury i mean i’m not going to go through the statutory qualifications now but it’s really just a threat to cause someone harm and then we’ve got two types of disorderly conduct disorderly conduct discharge of a firearm and disorderly conduct display of a firearm and if you have one of those misdemeanor convictions in the last five years you are not eligible to constitutional carry until that five years has run and there’s a word i want us to all hone in on that emily said convictions a conviction so that means you’ve been finally adjudicated as guilty …
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