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Texas Permitless Carry Law

Texas, for decades, required individuals to acquire a firearm permit or license if they desired to open or conceal carry a handgun. However, in 2021, the state passed “HB 1927,” which is known as the Permitless Carry Bill or Open Carry Bill. As of September 1st, 2021, the Permitless Carry bill legalized the right to constitutional carry rights for residents of Texas. Now, people who qualify under the law can carry a handgun in a public place without a license to carry.

Unfortunately, there are still limitations when it comes to Texas’s Constitutional Carry laws. Violation of these laws could reap serious penalties. From enormous fines to imprisonment, a criminal conviction for a firearm violation can have a lasting impact on one’s life. Outside of the criminal aspect, a conviction can also imply significant challenges for the future such as difficulty obtaining a job, mortgage and/or loan. 

San Antonio Permitless Carry Law Attorney, TX

If you or someone you know was recently arrested for a firearm offense, seek the legal representation of a skilled criminal defense lawyer as soon as possible. A firearm conviction can affect your criminal record and have a significant impact on your future so they should be taken seriously. Managing attorneys Gerald Goldstein and Cynthia Orr at Goldstein & Orr have over 70 years of collective experience working one-on-one with clients who are facing weapon accusations in TX. They are prepared to take your call and begin building a defense for you immediately.

Goldstein & Orr has offices in San Antonio, TX but serves throughout the entirety of Texas, including nearby areas such as Kendall County, Blanco County, Bastrop County, Burnet County, Kimble County, Sutton County, Guadalupe County, Atascosa County, Frio County, Culberson County, and Pecos County. Call (210) 226-1463 to secure a free consultation with him today.


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What is the Texas Permitless Carry Law?

Decades ago, Texas legislators made the decision to prohibit expunctions for unlawfully carrying a firearm. As stated previously, all this has changed with HB 1927. The law, also known as the “Permitless Carry Bill,” now allows residents of Texas to open or conceal carry a gun. It is important to note, however, that although Texans can carry a gun without a permit, section 46.02 of the Texas Penal Code does entail certain requirements.

According to section 46.02 of the Texas Penal Code, it illegal to carry a handgun under the following circumstances:

  • If you are under 21 years of age
  • If you have been convicted of certain offenses within the past 5 years
  • If you are on another person’s premises or premises under their control
  • If you are inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.
  • If you intentionally, knowingly, or recklessly carry a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time unless the handgun is in plain view
  • If you are engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating
  • If you are prohibited by law from possessing a firearm
  • If you carry a handgun and intentionally display the handgun in plain view, out of its holster, in front of another person in a public place
  • If you carry a handgun while intoxicated

Violation of these laws can result in a class C misdemeanor, second degree felony or third degree felony, depending on the nature of the offense.


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Prohibited Weapon Places in Texas

Regardless of whether you carry a license to carry or not, there are certain places in Texas where guns are prohibited. According to Texas Penal Code 46.03, it is illegal to carry guns in any of the following locations:

  • Anywhere where there is a school-sponsored activity
  • On the premises of a racetrack
  • Anywhere on or near a passenger transportation vehicle belonging to a school or educational institution is parked
  • On the premises of a school or educational institution
  • In any secured area of an airport
  • On the premises of a polling place
  • On the premises where an interscholastic event is being held
  • On the premises of a business with a license to sell alcohol
  • Within 1,000 feet of a place of execution
  • On the premises of a hospital, nursing facility, or mental health facility
  • At an amusement park
  • On the premises of a correctional facility
  • On the premises of any government offices utilized by the court

A person who violates this state will face either a third-degree felony or a class A misdemeanor, depending on the location.

A class A misdemeanor in Texas is punishable by up to 1 year in Texas jail and up to $4,000 in fines while a third-degree felony is punishable by 2 to 10 years in prison and up to $10,000 in fines.


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Expungement for Unlawfully Carrying a Firearm in Texas

For years, those convicted of unlawful carry of a firearm (UCW) have been unable to expunge their records. This barrier has been the cause of grief for thousands of Texas who want to shake off the long-lasting consequences of a UCW conviction. Thankfully, the new HB 1927 bill doesn’t only allow residents the right to carry a firearm without a permit, but it also permits them a chance to expunge their records of UCW if they were convicted of the offense before September 1st, 2021.

If you have a prior conviction for unlawfully carrying a gun and wish to expunge it with Texas’s new constitutional carry laws, it is imperative that you secure experienced legal representation.

Utilizing Section 46.02 of the Texas Penal Code, criminal defense lawyer Gerry Goldstein can apply his knowledge, skills, and experience to help you move on from your past.


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Additional Resources

Texas Permitless Carry Law – Click the link to visit the official website for the Texas Legislature Online and learn about HB 1927 or Permitless Carry Bill. Access the page to see the authors of the bill and how the bill has been amended in the House and Senate.

Texas Penal Code: Firearms – Access the Texas Penal Code website to read their laws regarding firearms and weapons. You can view a list of places where weapons are prohibited and penalties for unlawfully carrying a weapon.


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Texas Constitutional Carry Law Attorney | Bexar County

If you have been arrested for a weapon or firearm-related crime in TX, contact Goldstein & Orr. Gerald Goldstein, Cynthia Orr, and their team of associates are skilled criminal defense lawyers that have spent years defending Texans from firearm-related charges and can do the same for you. Their extensive experience allows him to serve as a fierce advocate for any alleged offender.

Your freedom is at stake so do not wait another moment to contact Goldstein & Orr. Call (210) 226-1463 to secure a free, confidential consultation with Goldstein & Orr team today. Goldstein & Orr serves clients in San Antonio, and throughout the State of Texas such as Schertz, Timberwood Park, Sandy Oaks, Universal City, Live Oak, Balcones Heights, Olmos Park, Converse, Selma, Windcrest, Castle Hills, Leon Valley, and Elmendorf.


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