Carrying Without an LTC After a Declared Disaster - Texas
Governor Greg Abbot declared a disaster under the authority of the Texas Government Code Section 418.014 (Declaration of State of Disaster). I have received several calls regarding the non-applicability of Texas Penal Code 46.02 (Unlawful Carrying Weapons) under Subsection (k). The circumstances that would allow for the unlicensed carry of a handgun after a declared disaster are fairly limited. Tex. Penal Code 46.02 would not apply to a person carrying a handgun if: they are evacuating from an area of a state of disaster or re-entering that area following their evacuation, they are not prohibited from possessing a firearm, and not more than 168 hours have elapsed since the declaration (note the period of time may be extended).
Author: Richard D. Hayes, II
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