TEXAS LAW ACADEMICS

1. CONCEALED CARRY - “Concealed” means:

  A. That the weapon cannot be visible, and 

  B. That its presence cannot be discernible through ordinary observation.

Where concealed is required- "A license holder commits an offense if the license holder carries a handgun on or about the license holder's person and intentionally displays the handgun in plain view of another person in a public place. 

2. OPEN CARRY – Started 1 Jan 2016. HB 910

  A. Not Concealed

  B. Must be in a holster 

3. BRANDISHING – 

  A. Illegal showing of a weapon. (Not Concealed or Open Carry)

  B. Causing an effect and intent of a threat on another person. 

 PROHIBITED AREAS   PC 46.03 / PC 46.035

1. Prohibited Areas List, TX State Law

  A. Places- Schools, Courthouse, TSA Airport (see below), Prison

  B. Events- School Event, Professional sports, Gambling, Voting

2.  Places with SIGNS precluding legal carry

  A. 30.06 sign (No firearms inside that premises)

  B. 30.07 sign (Prohibiting Open Carry in that premises)

  C. 51% sign  (No firearms inside that premises)

  D. 46.03 sign (No firearms inside that premises IAW PC 46.03/46.035)

  E. 30.05 sign (No Unlicensed firearms inside that premises) 

3.Notification of Criminal Trespass

  Oral or written notification, before entry or after entry

In Texas you are not required to possess an LTC to have a firearm in your vehicle.  All other states have their own legal guidelines. 

If stopped in Texas you must immediately notify the peace officer (Requirement of Notification) of your name, that you have an LTC and whether or not you have a firearm on or about your person.

RECIPROCITY AGREEMENTS WITH OTHER STATES

Click here to go to the Texas Department of Public Safety (DPS)  resource to view Texas' agreement with another state 

Sec 9.31. Self-Defense

A person is justified in using force against another

when and to the degree the actor (you) reasonably

believes the force is immediately necessary to protect against the other’s use of unlawful force. We take on the burden of proof.

REASONABLENESS

The US Supreme Court has defined the reasonableness standard for all states in:

Graham v. Connor

Force that is not excessive and that is appropriate for protecting oneself or property

Determined by Jury unless Castle Doctrine. 

The reasonable person doctrine. A person with all of my knowledge and experience would do the same thing in these circumstances. 

IMMEDIATE NECESSITY

Sec 9.22. Necessity. Conduct is justified if:

McGarity v. State

When a person took his action, he had to take that action right then, right there and without delay, otherwise he may have suffered harm or injury.

1. No other Option is possible to stop/prevent the crime 

2. Retreat is not considered an option. (Stand your Ground)  

UNLAWFUL FORCE

Sec 9.31 and 9.32 Reasonable if:  

Knew or had reason to believe the person against whom the force was used:

1.unlawfully and with force entered/attempted entry to the actors occupied habitation, vehicle, or business/employment (Breaking and Entering) Castle Doctrine

2. attempted to remove/removed actor from his habitation, vehicle, 

or place of employment/business (Kidnapping)

3. Attempted Murder

4. Sexual Assault

5. Robbery

DEFENSE OF 3RD PERSON  Sec. 9.33. 

Justified in using force and up to deadly force if;

a. Justified under Sec. 9.31. and 9.32

b. Reasonably believes his intervention is immediately necessary

If the person being defended could legally use lethal force, then you are justified in doing the same in their protection

DEFENSE OF PROPERTY Sec 9.41 & 9.42

You must be in lawful possession of the property, 

Force justified to prevent trespass, unlawful interference with property

Force justified to reenter or recover property-fresh pursuit

If dispossessed by force, threat, or fraud 

Reasonably believes deadly force is immediately necessary to:

Prevent arson, burglary, robbery, theft during the night, or criminal mischief during the night

Prevent other fleeing immediately after committing burglary, robbery or theft during nighttime with property: and:

Land/property cannot be retrieved by other means

Force other than the use of deadly force would create a substantial risk of death or serious bodily injury.

 If you are involved in a use of deadly force:  

1. Make sure all Threats are stopped

2. Have someone Call 911. Who and Where you are and What your Wearing

3. Don’t leave the scene unless still threatened at that location.

    Remember your call is recorded

Call Attorney while awaiting first responders 

Greeting the Police

1. Holster Gun & Hands up. You keep possession of the handgun-do not give the gun to anyone except law enforcement. 

2. Comply with Police Commands  

"I would like to invoke my right to silence and council with my attorney"

The LTC is a License to legally carry a HANDGUN/PISTOL ( it has nothing to do with rifles or shotguns), ON OR ABOUT YOUR PERSON (on your body or convenient to get to), in PUBLIC (LTC not required for your habitation, vehicle or place of employment)

STAND YOUR GROUND

There is no duty to retreat in Texas. 3 requirements.

1. Right to be present with a firearm

2. Your did not provoke the crime or criminal

3. Your not engaged in criminal activity

In determining whether the actor reasonably believed the use of deadly force was necessary, the finder of fact may not consider whether the actor failed to retreat.

CASTLE DOCTRINE

Sec 9.32 

If in your:

1.Habitation  2.Vehicle  3.Business/Place of Employment 

TX law gives you the legal presumption of Reasonableness that a crime against you is taking place.

PREMISES 

A building or a portion of a building. Never to include a public or private street, sidewalk, walkway, parking lot, parking garage or other parking area. 

REQUIREMENT TO NOTIFY

When encountering a Peace Officer/Judge you must notify them of three things:

Your Name, that you are an  LTC holder and whether you have a handgun on or about your person (convenient to get to)

REQUIREMENT TO DISPLAY  

If a license holder is carrying a handgun and a peace officer or magistrate (judge) requests identification, the license holder must present both identification and the License To Carry.

AUTHORITY TO DISARM  GC 411.207

A peace officer who is acting in the lawful discharge of the officers official duties may disarm the license holder.

HOLSTER REQUIREMENTS  HB 2112 / SB 550 2021

Relating to the carrying of holstered handguns by handgun license holders. 

Removes the requirement for the LTC holder to have the holster of an Open Carry Handgun be attached to the belt or shoulder.

AIRPORT / TSA RESTRICTIONS  HB 1920 2021

Relating to the offense of possessing a weapon in a secured area of an airport.

"Secured area" means an area of an airport terminal building to which access is controlled by the inspections of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees.

HOTEL / MOTEL / APARTMENT RESTRICTIONS  SB 20 2021

Relating to carrying and storing a handgun or handgun ammunition by a hotel guest. 

(A) A hotel may not adopt a firearms policy prohibiting a hotel guest from: (1)  carrying or storing a handgun or handgun ammunition in the guest's hotel room; (2) carrying a handgun or handgun ammunition directly en route to or from the hotel or the guest's hotel room; (3) carrying a handgun or handgun ammunition directly en route to or from the guest's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests; or (4) carrying or storing a handgun or handgun ammunition in the guest's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests. 

(B) A hotel may adopt a firearms policy requiring a hotel guest carrying a handgun or handgun ammunition in a common area on the hotel property to: (1) carry a handgun in a concealed manner; or (2) carry handgun ammunition in a case or bag.