Constitutional Carry in Texas: 5 Things You Still Can't Do With a Gun

What Did Constitutional Carry Actually Change?

Before HB 1927 (effective September 1, 2021), Texas Penal Code §46.02 made it unlawful to carry a handgun outside the home or vehicle without a License to Carry (LTC). The LTC required:

• Application and background check
• Fingerprinting
• 4-6 hour training course
• Shooting proficiency demonstration
• Approximately $40-$140 in fees

HB 1927 amended §46.02 to permit most adults 21 and older to carry handguns publicly without an LTC. The change was framed as recognizing the Second Amendment right under the Texas Constitution.

However, Constitutional Carry did not eliminate Unlawful Carrying Weapons prosecutions entirely. Five categories of prohibited carry remain.

1. Convicted Felons Cannot Carry — Texas State Law

Under Texas Penal Code §46.04, a person convicted of a felony cannot possess a firearm before the fifth anniversary of release from confinement, parole, or community supervision. After the five-year window, possession is permitted at the residence but not elsewhere.

This is unchanged by HB 1927. The Constitutional Carry framework explicitly preserves the prior-felony prohibition.

Penalty: Third-degree felony (2-10 years prison, up to $10,000 fine).

2. Federal Felon-in-Possession Is Unchanged

Federal law — 18 U.S.C. §922(g) — prohibits firearm possession by anyone with a prior felony conviction, regardless of how much time has passed since release. The federal prohibition is lifetime unless rights are formally restored under federal law.

HB 1927 has no effect on federal felon-in-possession liability. Many Texans who can lawfully carry under state law (after the five-year window expires) remain prohibited under federal law.

Federal exposure: Up to 10 years under §922(g). Armed Career Criminal Act under §924(e) imposes a 15-year mandatory minimum for defendants with three or more qualifying prior convictions.

3. Intoxicated Carry Remains Unlawful

Under PC §46.02(a-1), intentionally, knowingly, or recklessly carrying a handgun while intoxicated is unlawful. "Intoxicated" has the same definition as in DWI cases — not having normal use of mental or physical faculties OR BAC 0.08+.

This is a distinct offense from DWI. A person can be charged with intoxicated UCW even if they were not driving a vehicle.

Penalty: Class A misdemeanor (up to 1 year, $4,000 fine).

4. Protective-Order Subjects Cannot Carry

A person subject to a protective order issued under Texas Family Code Chapter 85 (or similar order from another jurisdiction) cannot carry a firearm during the order’s pendency. Federal 18 U.S.C. §922(g)(8) imposes parallel federal liability.

The protective-order exclusion is automatic upon order issuance. Defendants must surrender firearms during the order period.

Penalty: Class A misdemeanor (state) and up to 10 years (federal §922(g)(8)).

5. Carrying in Prohibited Places Remains Unlawful

Under PC §46.03, firearms remain prohibited in nine listed locations regardless of LTC or Constitutional Carry status:

1. Schools (premises and grounds during school activities)
2. Polling places (during voting)
3. Government courts and offices
4. Racetracks
5. Secured airport areas
6. Places of religious worship (with notice carve-outs)
7. Correctional facilities
8. Hospitals/nursing homes (with notice)
9. Amusement parks

Penalty: Third-degree felony (2-10 years). Schools have additional enhancement under PC §46.11 elevating to second-degree felony in some circumstances.

Bonus: Criminal-Street-Gang Activity Remains a Bar

Under PC §46.02(a)(2)(C), a person engaged in criminal-street-gang activity at the time of carrying is prohibited from carrying. This category was preserved by HB 1927.

Penalty: Same as basic UCW — Class A misdemeanor, elevated to felony with prior felony or other aggravators.

What This Means for Defense Practice

Post-HB 1927, UCW prosecutions look different. Many cases that would have been clear-cut violations under the prior law now require the State to prove the defendant fits one of the prohibited categories. Defense work focuses on:

• Constitutional Carry compliance: Was the defendant within the new statutory carve-outs?
• Prohibited-person status challenges: For elevation based on prior felony or other status, the State must prove the prior
• Knowledge / mens rea: Constructive possession in multi-occupant vehicles, unknown firearms, shared spaces
• Prohibited-place definition challenges: Some places are litigable on whether they qualify (closed schools, abandoned racetracks, etc.)

The framework is more defendant-friendly than before HB 1927, but UCW remains a real charge with real consequences. Constitutional Carry is not a free pass.

Out-of-State Travel

Texas Constitutional Carry does not extend beyond Texas borders. Out-of-state travel requires compliance with each state’s laws. Many states do not honor Constitutional Carry. Defendants facing weapons charges in other states cannot rely on Texas law as a defense.

For interstate travel, Texas defendants should consider whether to obtain an LTC anyway — the LTC is honored in 38 reciprocity states under Texas Government Code Chapter 411 reciprocity provisions.

What Should I Do If I’m Charged with UCW?

Engage criminal defense counsel immediately. Post-HB 1927 UCW cases require:

1. Constitutional Carry analysis: Was your conduct within the statutory carve-outs?
2. Prohibited-status verification: Does the State actually have the proof of prior felony, intoxication, protective order, etc.?
3. Federal-state forum analysis: Is there parallel federal exposure under §922(g)?
4. Pre-trial diversion eligibility: Many DFW counties accept first-offense Class A UCW cases for diversion
5. Collateral-consequences planning: Even on conviction, structured plea agreements can preserve future career options

Most first-offense UCW cases under the post-HB 1927 framework are eligible for pre-trial diversion or deferred adjudication, often resulting in dismissal and expunction.