US Law Shield Texas Travel Guide for Gun Owners Owner’s Manual

US Law Shield Texas Travel Guide for Gun Owners Owner’s Manual

Texas recognizes handgun carry licenses and permits from most other states, including resident and non-resident licenses and permits. But even if you do not hold a license or permit from your state of residence, Texas allows for the permitless carrying of handguns by qualifi ed individuals (sometimes referred to as “constitutional carry”).

IMPORTANT NOTES: When you are in another state, you are subject to that state’s laws. Even if a state recognizes your handgun license or permit, or allows for permitless carry, the state may have additional restrictions on certain types of fi rearms, magazines, or ammunition. Take time to learn the law!

Who qualifies to carry under Texas Constitutional Carry? Learn more on Page 6.

TEXAS LAWS YOU SHOULD KNOW

Texas has statutory preemption, meaning fi rearm laws are uniform throughout the state. Keep in mind that federal property is subject to federal law (not state law) and as a result, typically prohibits fi rearms anywhere on federal property (including parking lots). See Tex. Loc. Gov’t Code § 229.001; 18 U.S.C. § 930.

LEGALLY EFFECTIVE SIGNAGE IN TEXAS

EFFECTIVE SIGNAGE FOR LICENSE AND PERMIT HOLDERS
Texas has strict requirements for signs to give legally effective notice to exclude handgun license and permit holders who are carrying in places not otherwise governed by statute (see the next page for prohibited places). See Tex. Penal Code §§ 30.06 and 30.07.

EFFECTIVE SIGNAGE FOR TEXAS CONSTITUTIONAL CARRIERS
Those carrying under the authority of Texas Constitutional Carry are subject to the general trespass statute and must be vigilant for “no weapons” or “no gun” signs. These signs could come in many diff erent forms; the only legal requirement is that the notice is reasonably likely to come to the attention of the person entering the building. See Tex. Penal Code § 30.05.

SIGNAGE FOR ALL PERSONS CARRYING A FIREARM
It is generally a felony to carry into an establishment that sells alcohol by the drink and receives 51% or more of its income from alcohol sales (e.g., a bar); the establishment should display a 51% sign at each entrance. Note: a person may carry a fi rearm in a combined restaurant/bar establishment as long as it sells more food than alcohol. See Tex. Penal Code § 46.03.

WHERE CAN YOU LEGALLY CARRY YOUR HANDGUN IN TEXAS?

Note: To carry a handgun in Texas, an eligible person must be 21 years of age or older and not prohibited from possessing a firearm, or must possess a handgun license or permit. Keep in mind, there are exceptions and nuances with every law—for questions about your particular circumstances, please consult an attorney licensed in the State of Texas.

*Generally, a person may carry in their employer’s parking lot; however, some employers may exclude all firearms.

**Effective TPC 46.03 notice is not required for the location to be prohibited. Signage merely removes a possible defense to prosecution.
***There are several exceptions to federal gun-free school zones. Notably, possessing a license or permit to carry a firearm issued by the state in which the zone is located. For example, a Texas License to Carry (“LTC”) would meet the exception for a handgun in a Texas school zone. As of this writing, there is no controlling case law on applying this exception to long guns carried by LTC holders.
±If at any point a person receives notice from the owner or someone with apparent authority that carrying a firearm in the location is prohibited, they must immediately depart or face heightened penalties.

Who qualifies for Texas Constitutional Carry?

“Constitutional carry” is a broad term applied to states that do not require a license or permit to carry a handgun. This law allows a qualified person to carry a handgun in a public place without a license or permit. In order to qualify for Texas Constitutional Carry, a person must meet all of the following:

FEDERAL LAWS YOU SHOULD KNOW

NATIONAL PARKS
Federal law allows possession of fi rearms in national parks and wildlife refuges so long as the person is not otherwise prohibited by law from possessing the fi rearm and the possession is in compliance with the law of the state in which the national park or wildlife refuge is located. However, you cannot bring the fi rearm into any federal buildings, which may include ranger stations, museums, exhibits, and restrooms. See 16 U.S.C. § 1a-7b; 18 U.S.C. § 930; 54 U.S.C. § 104906.

ARMY CORPS OF ENGINEERS PROPERTY
Loaded fi rearms, ammunition, and other projectile fi ring devices are generally prohibited on U.S. Army Corps of Engineers (“USACE”) property. This applies to property owned and managed by the USACE (including bodies of water), but does not include easements or other rights of way that USACE may have near a project site (e.g., private or state-owned shoreline near a USACE lake). Simply put, if the USACE does not own the property in whole, then the prohibition on the possession and carrying of fi rearms will not apply under this regulation. Unfortunately, these boundaries and ownership are oftentimes unclear. To be safe, be on the lookout for signs prohibiting the possession of these items and contact the offi ce of the USACE project site for clarifi cation. See 36 C.F.R. §§ 327.13(a), 327.26(a)(3), 327.30(d).

TRANSFER OF FIREARMS
We are frequently asked about transferring (through sale or gift) a fi rearm to a person living in a diff erent state. It is a violation of FEDERAL LAW to give, sell, or trade any fi rearm to a non-resident unless done through a Federal Firearms Licensee (FFL). This includes a gift to a child or parent. A violation of this law is punishable by up to fi ve years imprisonment in a federal penitentiary and up to a $5,000 fi ne. See 18 U.S.C. §§ 922(a)(5), 924.

SAFE PASSAGE

Some states just don’t like guns. For example, California and New Jersey prohibit magazines that carry more than 10 rounds of ammunition. The State of California does not ban “Black Talon” ammunition, but the City of San Francisco does. New Jersey prohibits hollow-point ammunition outside of the home. Maryland prohibits over 60 specifi c fi rearms, including any “copycat” fi rearms. So, how do you travel safely through gun-hostile territories? Luckily, federal law provides a “traveling” defense intended to protect gun owners as they travel through such states.

THE SAFE PASSAGE PROVISION UNDER 18 U.S.C. § 926A

“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a fi rearm shall be entitled to transport a fi rearm for any lawful purpose from any place where he may lawfully possess and carry such fi rearm to any other place where he may lawfully possess and carry such fi rearm if, during such transportation the fi rearm is unloaded, and neither the fi rearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.” 18 U.S.C. § 926A.

FLYING WITH A FIREARM

Road trips are not everyone’s cup of tea; some prefer to fl y to their destination state. But the idea of getting assaulted by TSA doesn’t sound like fun, which makes many people nervous to fl y with their guns. However, if you comply with the law, it will take the mystery and danger out of air travel. Keep in mind, these are only the requirements to fl y with your fi rearm; you must follow the laws of the destination state once you arrive.

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Any of the information in this manual is solely a general legal discussion of the law of Texas and should not be considered as giving legal advice, nor creating an attorney-client relationship. This manual is not a substitute for legal advice on any particular situation. Your situation may be different, so contact an attorney regarding your personal circumstances. Only a licensed attorney may give you legal advice.

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