Unlicensed Carry Legislation Still Requires Eligibility

A new version of “constitutional carry” legislation is introduced in the Texas House, one that would keep the eligibility requirements to carry a hand gun.

“The 'constitutional carry' is bascially everybody can carry as long as they're not a felon, but this bill says let's not go that far yet, and let's continue to have these eligibility requirements in place,” says Michelle Byington, an attorney at Texas Law Shield.

That's what makes HB 1911, by state Rep. James White, slightly more restrictive than legislation previously introduced.

“You don't have to have a license to carry a gun, however, you still have to be qualified under the requirement of Texas Government Code 411.172, which is the eligibility to carry a Texas handgun,” she says.

“If you've gotten a misdemeanor within the past five years, you've got a deferment on certain felony convictions, or you are affected by one of these mental illness, then you are not qualified to carry a handgun.”

The biggest hurdle for any 'constitutional carry' legislation may be money, since the state rakes in millions in revenue on licensing and other fees.

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