Permission not Required: “Constitutional Carry” Bill Introduced in Texas

Tenth Amendment Center – by Michael Maharrey

AUSTIN, Texas (Nov. 29, 2016) – A “Constitutional Carry” bill filed for the 2017 legislative session would make it legal for Texans to carry a concealed firearm without a license, and foster an environment hostile to federal gun control.

Rep. Jonathan Strickland (R-Bedford) filed House Bill 375 (HB375) on Nov. 16. If passed into law, it would end Texas’ conceal carry licensing requirements and remove the need for government permission to carry a concealed firearm in the state. The new law reads in part:  

Notwithstanding any other law to the contrary, a person who is not otherwise prohibited by law from possessing a firearm shall not be required to obtain any license to carry a handgun as a condition for carrying a handgun.

The legislation also provides legal protection from unreasonable police interference for those carrying a concealed weapon.

The mere possession or carrying of a handgun, openly or concealed, with or without a license issued under this subchapter, shall not constitute reasonable belief for a peace officer to disarm or detain an otherwise law-abiding person.

“Constitutional carry is a big step toward being able to exercise a natural right that has been infringed at all levels for far too long,” ShallNot.org policy lead Scott Landreth said.

While constitutional carry bills do not directly affect federal gun control, widespread passage of permitless conceal carry laws in states subtly undermines federal efforts to regulate guns. As we’ve seen with marijuana and industrial hemp, a federal regulation becomes ineffective when states ignore it and pass laws encouraging the prohibited activity anyway. The federal government lacks the enforcement power necessary to maintain its ban, and people will willingly take on the small risk of federal sanctions if they know the state will not interfere. This increases when the state actively encourages “the market.”

Less restrictive state gun laws will likely have a similar impact on federal gun laws. It will make it that much more difficult for the feds to enforce any future federal gun control, and increase the likelihood that states with few limits will simply refuse to cooperate with federal enforcement efforts.

State actions like passage of HB375 will lower barriers for those wanting to the option of defending themselves with firearms and encourages a “gun-friendly” environment that would make federal efforts to limit firearms that much more difficult.


Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center.He proudly resides in the original home of the Principles of ’98 – Kentucky.See his blog archive here and his article archive here.He is the author of the book, Our Last Hope: Rediscovering the Lost Path to Liberty. You can visit his personal website at MichaelMaharrey.com and like him on Facebook HERE

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5 thoughts on “Permission not Required: “Constitutional Carry” Bill Introduced in Texas

  1. Ah yes, they’re “allowing” (as if they had any right to deny) concealed carry just in time for the introduction of the Smart Gun requirement.

    They want you to carry a gun because they’ll be able to track it just like your cell phone. Did you think your “smart gun” wouldn’t be trying to “phone home” harder than E.T.?

  2. and if we are to be UNITED States.. than this goes for all of Obamas “57” states

    ( yes i know its really 50 states)

    why I push the UNITED thing? because we are not ! and dam sure should be, or why call it the “United States”
    Im just as sick of this as I am them or anyone calling our form of government or country a Democracy , when it was never founded as such
    return my Republic now or face my opposition to every move they make

    abolish all Fed “laws” that infringe on any part of anyone’s Bill of Rights ( abolish the Feds completely anyways)
    Abolish all States “Laws” that infringe on any part of anyone’s Bill of Rights

    Immediately .. zero time frame screw the law makers, the senate the house the whole dam bunch of usurpers

    I will not be purchasing any “smart” guns .. and I have enough to hand down to my entire family for generations

    what is made by man can always be undone by man

  3. “A “Constitutional Carry” bill filed for the 2017 legislative session would make it legal for Texans to carry a concealed firearm without a license, and foster an environment hostile to federal gun control.”

    To protect ones property/life is already LAWFUL. I’m all for TX making it “legal” to carry without a license because then people will NOT be harassed if they already carry with no license. Most of us have a drivers license and carry insurance even though we no it’s not lawful to be required to do so, but if you don’t have these things and you get pulled over, I guarantee, they will make your life hell.

    1. Police = Policy Enforcement
      Policy = Corporate Rules
      Corporate Rules = Policy
      Policy Enforcement = Police

      The big circle of Rules

      aka: Fascism at its best

  4. Followed by signs already in Texas buildings saying, “It is illegal to carry a firearm in this building” such as malls, movie theaters, etc. So how does this help?

    Once again, lets make a law FOR something and then make a law that goes completely AGAINST that same thing. Typical “THESIS – ANTITHESIS – SYNTHESIS” formula.

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