Texas Gun Laws and Open Carry from Hammerle Finley Law Firm in Lewisville, TX

The Legislature Shoots Back

We enter 2020 secure in the knowledge that the Texas legislature has our backs on gun rights. If you want proof, look no further than the 10 bills that went into effect last year.

I Missed a No Guns Allowed Sign, Now What?

The law now gives you a defense of “mistake.” Everyone knows that it is fairly easy to miss a posted sign that states handguns are prohibited on a premises.  Under the old law, the lawful handgun carrier could be prosecuted for such a mistake. Now, the handgun carrier has a defense if he or she promptly leaves after being told that handguns are forbidden on the premises.

Can A Landlord Ban Guns?

Has your landlord been giving you trouble about your lawfully possessed firearm?  That is a remnant of the past. Landlords and condominium regimes can no longer prohibit tenants, owners and their guests from possessing lawful firearms and ammunition in apartments, condominiums and manufactured houses, nor can they prohibit transporting the firearms and ammo between their unit and their vehicles.

Can Teachers Carry Guns In Texas Even If They Are Licensed?

Some schools still have a lot to learn.  Handgun license holders have always been allowed to store firearms and ammo out of sight in a locked vehicle in a school parking lot, but some schools were putting additional rules in place. Those rules are no longer permitted.

Can I Carry My Gun During An Evacuation Even If I Don’t Have The Permit In Texas?

Is there anything more irritating than having to leave your handguns behind during a mandatory evacuation just because you do not have a permit to carry?  Apparently not. As long as you are not prohibited by law from carrying a handgun, you can now carry it while evacuating or reentering an area within 168 hours after the area was declared a state of disaster.

Can You Carry Handguns in Government Agency Buildings?

A few misguided government agencies were not wild about the idea of legal handgun carry in their buildings, so they put up the premises notices.  Your legislators were not amused. They passed a law providing for a 15-day notice to remove the signs.

Can Foster Parents Have Guns?

Foster parents now have the right to possess and store lawfully permitted firearms and ammunition in the foster home.  Some restrictions apply.

Can Local Governments Change State Laws Regarding Guns in Texas?

What are we to do with local governments who think they know better than the great State of Texas?  Sigh. The law now clarifies that municipalities cannot adopt regulations that attempt to modify state law regarding firearms, knives, ammunition and the like.

Can A Business Be Sued For Failing To Prohibit Handgun Carry?

It is now law that a business cannot be sued because it fails to prohibit legal handgun carry on its premises.

Can An HOA Ban Guns In Texas?

Any law that places a restriction on property owners’ associations is a good law. The legislature tossed their right to restrict you from lawful possession, storage or transport of a firearm or ammunition.

What do Texas laws say about carrying guns in churches?

And for the grand finale – this was recently in the news and deserves special mention.   A place of worship is now treated the same as any other private property for purposes of deciding whether a license holder may carry on premises. Find out more here.

The effective date was September 1, 2019. For the full text:  House Bills 121, 302, 1143, 1177, 1791, 2363, 3231 and Senate Bills 535, 741 and 772.

Virginia Hammerle is the President of Hammerle Finley Law Firm.   To sign up for the firm newsletter,  email legaltalktexas@hammerle.com.  Employment opportunities available.

This article does not constitute legal advice.