By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist
On September 1, 2021, House Bill 1927 went into effect, making Texas a “permitless carry” or “constitutional carry” state. The law fundamentally changed the landscape of gun rights and gun crime prosecution in Texas. Before HB 1927, carrying a handgun, openly or concealed, without a License to Carry (LTC) was a criminal offense under Penal Code §46.02. After HB 1927, most adults 21 and older can carry a handgun without any license, permit, training, or exam.
But permitless carry does not mean unlimited carry. Significant restrictions remain on who can carry, where they can carry, and how they can carry. Misunderstanding these restrictions is how people who believe they are exercising their legal rights end up charged with a gun crime. This article explains what HB 1927 actually changed, what it did not change, and the defense implications for anyone facing a gun charge in post-permitless-carry Texas.
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What HB 1927 Changed
Before September 1, 2021, carrying a handgun on or about your person outside your own premises, motor vehicle, or watercraft was a criminal offense under §46.02 unless you held a valid LTC. The offense was a Class A misdemeanor (up to 1 year in jail, $4,000 fine) for a first offense, and a third-degree felony for subsequent offenses or if the person had a prior felony conviction.
HB 1927 amended §46.02 to remove the license requirement for most adults. Under the current law, a person 21 years of age or older who is not otherwise prohibited from possessing a firearm under state or federal law may carry a handgun, openly or concealed, without a license. The law applies to handguns only — not long guns (rifles and shotguns), which were already legal to carry openly in most circumstances.
The LTC still exists and still provides benefits: reciprocity with other states that recognize Texas LTC holders, exemption from certain location restrictions (such as carrying in some locations where non-LTC holders cannot), and a bypass of the NICS background check when purchasing from a federally licensed dealer. But the LTC is no longer required to legally carry a handgun in Texas.
Who Is Still Prohibited from Carrying
HB 1927 did not change the list of persons prohibited from possessing firearms. The following individuals cannot carry a handgun under Texas law (with or without a license) and doing so remains a criminal offense:
Persons Under 21
Texas law requires a person to be at least 21 years old to carry a handgun under the permitless carry framework. Persons 18–20 may still obtain an LTC if they meet specific criteria (such as active military service or honorable discharge), but they cannot carry without a license. A person under 21 carrying a handgun without authorization commits a Class A misdemeanor under §46.02(a)(2).
Convicted Felons: §46.04(a)
A person convicted of a felony is prohibited from possessing a firearm before the fifth anniversary of their release from confinement or community supervision, whichever is later. After five years, possession is permitted only at the person’s own premises. Carrying outside the premises (ex. in a vehicle, on the street, at a store) remains illegal for convicted felons at all times. Violation of §46.04 is a third-degree felony (2–10 years).
And regardless of the five-year Texas restoration, federal law under 18 U.S.C. §922(g)(1) permanently prohibits firearm possession by convicted felons with no premises exception and no time-based restoration. A convicted felon who possesses a firearm at home after five years may be legal under Texas law but is simultaneously committing a federal felony.
Persons Convicted of Family Violence: §46.04(b)
A person convicted of a Class A misdemeanor involving family violence may not possess a firearm before the fifth anniversary of their release. Federal law under 18 U.S.C. §922(g)(9) imposes a permanent prohibition with no time-based restoration for anyone convicted of a “misdemeanor crime of domestic violence.” This is one of the most significant collateral consequences of a family violence conviction and one of the primary reasons the family violence designation is so aggressively contested in assault cases.
Persons Subject to Protective Orders: §46.04(c)
A person subject to a protective order under Texas Family Code Chapter 85 is prohibited from possessing a firearm for the duration of the order. Federal law under 18 U.S.C. §922(g)(8) also prohibits firearm possession during the pendency of a qualifying restraining order. Carrying a handgun while subject to a protective order is a Class A misdemeanor under §46.04(c) and a separate federal offense.
Persons Who Are Intoxicated
Under §46.02(a-6), a person commits an offense if they carry a handgun while intoxicated. “Intoxicated” has the same definition as in the DWI statute (§49.01): not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances, or any other substance into the body, or having a BAC of 0.08 or more. This is a Class A misdemeanor. Carrying while intoxicated is one of the most commonly charged gun offenses in the post-permitless-carry era, particularly in bar-district areas and entertainment districts across North Texas.
Other Prohibited Persons
Persons who are members of criminal street gangs (§46.02(a-5)), persons under indictment for or convicted of certain offenses, and persons prohibited under federal law (including illegal aliens under §922(g)(5) and persons adjudicated as mentally incompetent under §922(g)(4)) remain prohibited from carrying. The full list of prohibitions under §922(g) applies regardless of Texas’s permitless carry law.
Where You Still Cannot Carry
HB 1927 did not change the location restrictions on firearm carry. Even adults 21 and older who are otherwise eligible to carry under permitless carry are prohibited from carrying handguns in the following locations:
Statutory Prohibited Locations
- Schools and educational institutions (§46.03, §46.035(b)(1)) — All school property, including university buildings and grounds. LTC holders have limited exceptions for vehicles in parking areas.
- Polling places (§46.03(a)(2)) — On the day of an election or while early voting is in progress.
- Courts and court offices (§46.03(a)(3))
- Racetracks (§46.035(b)(2))
- Secured areas of airports (§46.03(a)(5)) — Beyond the security screening checkpoint.
- Correctional facilities (§46.03(a)(6))
- Civil commitment facilities (§46.03(a)(7))
- Hospitals, nursing facilities, and mental hospitals (§46.035(b)(4)) — licensed under Chapter 241, 242, or 577 of the Health and Safety Code. Note: this applies to LTC holders; for non-LTC carriers under permitless carry, the restriction is broader.
- Amusement parks (§46.035(b)(5))
- Places of religious worship (§46.035(b)(6)) — Unless authorized by the organization. Many Texas churches have adopted security teams that are authorized to carry.
51% Establishments
Under §46.035(b)(1) (for LTC holders) and §46.02(a-5) (for permitless carriers), carrying a handgun in an establishment that derives 51% or more of its revenue from the sale of alcoholic beverages for on-premises consumption is prohibited. These establishments are required to post a red “51%” sign (TABC sign). Bars, nightclubs, and some restaurants fall into this category. Violation is a third-degree felony.
30.06 and 30.07 Signage
Under Penal Code §30.06 (concealed carry) and §30.07 (open carry), property owners may prohibit handgun carry on their premises by posting compliant signage. The signs must contain specific statutory language in English and Spanish, in contrasting colors, with block letters at least one inch in height. For non-LTC permitless carriers, §30.05 provides a similar trespass-with-firearm prohibition.
Violation of §30.06 or §30.07 is a Class C misdemeanor (fine only) for a first offense, elevated to a Class A misdemeanor if the person refuses to leave after receiving oral notice. Violation of §30.05 (trespass with a firearm by a non-LTC holder) can be a Class A misdemeanor.
Case Results
Defense Implications of Permitless Carry
The Plain View Shift
Before HB 1927, an officer who saw a handgun during a traffic stop or encounter had immediate probable cause because carrying without an LTC was illegal. After HB 1927, the mere presence of a handgun is no longer evidence of a crime for most people. An officer who sees a handgun must now have additional information suggesting the person is prohibited from carrying (under 21, convicted felon, intoxicated, subject to a protective order, in a prohibited location) before the observation establishes probable cause.
This is a fundamental change in the suppression analysis. In post-2021 cases, the defense can argue that the officer lacked probable cause to search, seize the firearm, or extend the encounter based solely on the observation of a handgun. The suppression motion should challenge whether the officer had articulable facts beyond the mere presence of a firearm to believe a crime was being committed.
The Carrying-While-Intoxicated Problem
The intersection of permitless carry and the intoxication prohibition under §46.02(a-6) creates a new category of gun crime that barely existed before 2021. Before permitless carry, a person carrying a handgun in a bar without an LTC was already committing a crime regardless of their sobriety. Now, the legal question is narrower: Was the person intoxicated? This means that BAC evidence, field sobriety testing, and toxicology (the same forensic evidence challenges that DGL has spent 30+ years litigating in DWI cases) become central to gun crime defense.
Deandra Grant’s ACS-CHAL Forensic Lawyer-Scientist designation, SFST Instructor certification, and Master’s Degree in Pharmaceutical Science are directly applicable to carrying-while-intoxicated cases. If the prosecution’s evidence of intoxication does not hold up to scientific scrutiny, the carry was legal.
The Age Verification Issue
For persons under 21, carrying without authorization remains a crime. But how does an officer determine a person’s age during an encounter? If the officer assumes the person is under 21 based on appearance and initiates a detention or search on that basis, the defense can challenge whether the officer had reasonable suspicion to believe the person was under 21. A person who is 21 and looks younger should not be subjected to a search based on an officer’s age estimate.
The LTC as a Defense Tool
Even though the LTC is no longer required, holding one can provide practical benefits in a gun crime case. An LTC holder who is stopped by law enforcement can present their license as immediate evidence that they have passed a background check and are not a prohibited person. This can de-escalate encounters and reduce the likelihood of arrest. For clients who are eligible, we often recommend obtaining an LTC even under the permitless carry framework.
Gun Crime Defense at Deandra Grant Law
Permitless carry expanded the right to carry for most Texans, but it also created new legal gray areas and new categories of gun crime charges. Understanding what’s legal and what’s not, and how the law interacts with the Fourth Amendment, the suppression analysis, and the forensic evidence, requires a defense team that has kept pace with the post-2021 landscape.
Whether your case involves a state charge under §46.02 or §46.04, or a federal charge under §922(g), we have the credentials and the experience to defend it.
With offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall, we defend gun crime cases across North Texas. Call (214) 225-7117 or visit texasdwisite.com for a confidential consultation.
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