Legalities of Owning and Carrying Weapons and Knives in Texas

Texas has a specific set of legalities surrounding the ownership and carrying of weapons and knives, which are governed by the provisions of the Texas Penal Code, particularly Texas Penal Code Section 46.02. This code, created in 1976 as a revision to a broad prohibition enacted in 1871, remains a significant guide for these regulations.

A Brief History of Texas Weapon Laws

Until 1995, Texas had the strictest carry laws in the nation, with no permits required and exemptions only for law enforcement officers, prison guards, and specific judges. However, in 1995, the Texas legislature loosened these laws, allowing residents to apply for a License to Carry a Concealed Firearm (LTC). This new law was equally strict, revoking the license if the concealed firearm was accidentally revealed.

Types of Licenses and Restrictions

Texas is one of only 16 states that require a permit to carry a handgun, and the LTC allows both concealed carry and open carry, with the latter being permitted only in states west of the Mississippi River. Licenses are issued by the Department of Public Safety.

Long guns such as rifles and shotguns are not subject to state-level regulations on carry, though the city of San Antonio has local ordinances which may need to be repealed due to state preemption statutes. Moreover, there are no state-level laws governing the possession of firearms by individuals over 18 years old who are not otherwise prohibited from purchasing or possessing firearms under state or federal law.

Prohibited Livings and Areas

A unique aspect of Texas law is that it is legal to carry a concealed handgun in certain places, including one's place of residence, the place of business owned or managed by the person, a private motor vehicle or watercraft, and privately-owned rifles or shotguns in motor vehicles. Furthermore, there are no general laws governing the possession of firearms, including NFA firearms, as long as the acquisition was in accordance with the National Firearms Act of 1934. Magazines with no capacity restrictions are also allowed.

However, it is a felony to carry certain weapons in areas where alcoholic beverages are sold, served, or consumed unless one holds a valid LTC. While license holders are exempt, they are prohibited from consuming alcoholic beverages immediately after carrying a firearm. This allows licensees to eat in restaurants that serve alcohol as a side business or to carry a handgun in supermarkets or convenience stores that sell beer or wine.

It is also illegal for anyone other than sworn law enforcement officers to enter establishments that derive more than 50% of their revenue from the sale of alcohol while carrying a weapon. Restrictions also apply to carrying weapons in public schools, amusement parks, sporting events, police stations, and any premises where a government meeting is in progress. However, licensees can carry their firearms into government buildings and non-restricted areas of airports.

Business and Commercial Entity Restrictions

Businesses and commercial entities can prohibit the licensed carry of firearms by a person who holds a valid license, and this prohibition must be posted and follows a specific state-prescribed form. '30.06' signs prohibit concealed carry, while '30.07' signs prohibit open carry. These signs have the force of law, and a person commits a misdemeanor if they carry a handgun into premises with posted prohibitions.

It was previously forbidden for licensed individuals to carry a firearm onto the grounds of a church, synagogue, or other place of worship. However, following the Sutherland Springs shooting, public sentiment prompted the state to allow armed defenders in such sites, with the prohibition removed, and licensed individuals allowed to carry their handguns into a church as of September 1, 2019.

Lastly, firearm owners are required to properly secure their firearms. Failure to do so may result in criminal liability if a person under the age of 17 gains access to the firearm and uses it to commit a criminal act.

Knife Regulations

Knives, swords, and similar weapons are not subject to specific ownership restrictions under Texas law, and may be carried in any location that does not prohibit weapons. However, local ordinances in certain areas, such as Austin's Congress Avenue, may still require caution when carrying such items, as law enforcement officers may be likely to question individuals carrying katana or broadswords.

In conclusion, the legalities of owning and carrying weapons and knives in Texas are complex and specific, varying with the type of weapon, the location, and the individual holding the weapon. While the state has made significant strides in recent years to loosen some of these restrictions, complex regulations still exist, particularly concerning the carry of firearms and the prohibited areas where weapons cannot be carried.