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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

This material is designed for general information and educational purposes and should not be relied on for any specific instance. The information presented should not be construed to be formal legal advice nor create an attorney-client relationship. Consult an attorney for your particular circumstances.

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