The new age requirement for the Texas License to Carry – Texas Concealed Carry is now only 18 years old per Federal Court Ruling.
Now just not reserved to Active Military, who can get a Texas LTC with range waivers and license cost of $0
Firearms Policy Coalition, Inc. et. al., v. Steven McCraw, et. al., No. 4:21-cv-1245-P
TEXAS NEW DISTRICT LAW,18 YEARS OLD OWNING A CONCEAL CARRY
Despite a statewide campaign for stricter gun laws in the aftermath of the mass shooting in Uvalde, Texas, in May, 2022 Texas lawmakers have drastically expanded gun rights.
Following the result of the mass shooting, the incident happened in Robb Elementary School in Uvalde, Texas, some 80 miles west of San Antonio, where the authorities reported that an 18-year-old gunman opened fire at around 11:30 a.m., killing at least 15 people. Though the victims’ identities and ages were not made known to the public.
The lack of action by state and federal officials outraged many gun violence prevention activists.
In a statement, March for Our Lives, a gun safety body founded by survivors of the Parkland, Florida, school shooting in 2018, claimed that “regular mass murder of children like this is only “normal” in America.”
This incident brings to mind the tragic shootings at Columbine High School in Littleton, Colorado, in 1999; Marjory Stoneman Douglas High School in Parkland, Florida, in 2018; and Santa Fe High School in Santa Fe, Texas, late last year.
In June 2022, the governor of Texas, Governor Greg Abbott signed seven legislation as part of his pledge to preserve Texas a “bastion of freedom,” one of which permits open carry of handguns.
A federal judge in Fort Worth declared a Texas law prohibiting adults between the ages of 18 and 20 from carrying pistols in public to be unconstitutional. A license to carry a pistol is currently prohibited by state law for most individuals under 21 except “under specific forms of protection orders.”
A gun-right non-profit Firearms Policy Coalition, filed a lawsuit against the law, claiming that it infringed the “freedom of the people to keep and bear arms” provided by the Second Amendment.
A U.S District Judge, Mark Pittman emphasized the Second Amendment’s lack of age restrictions and frequently referenced a Supreme Court decision from June that expanded gun rights in his decision. The unquestionable historical evidence, according to Pittman, “establishes that 18 to 20-year-olds were understood to be a part of the militia in the Founding Era.”
According to Pittman, “the Court decides that the Second Amendment guards against this ban based on the wording of the Second Amendment, as influenced by Founding-Era history and tradition.” Prior to the law taking effect, the state has 30 days to file an appeal.
The decision was made three months after Salvador Ramos, an 18-year-old gunman, killed 19 children and two teachers in Uvalde, Texas, using a semi-automatic weapon.
As of 2022, the Texas state lawmaker passed a bill allowing adults over 21 to carry firearms without a permit, background check, or training.
Cody Wisniewski, a senior attorney for the Firearms Policy Coalition, in a statement announcing the group’s victory. wrote that “Texas cannot point to a single Founding Era law that prohibited 18- to 20-year-olds from carrying a functional firearm for self-defense, because not only did such a law not exist, but because those people are an important reason why we have a Bill of Rights in the first place.”
After the ruling, a number of local officials expressed their disagreement of the handgun ruling, including Houston Mayor Sylvester Turner, who said that “the State of Texas has not amended a single statute” as a result of the mass killing in Uvalde.
“Now, just as young students are returning to school, high school seniors who are just turning 18 can openly carry a handgun?”
Turner’s statement read. “Making gun access—with no background checks or training—is making it harder to keep our city safe. Unlicensed carry was a mistake, and now 18-year-olds openly carrying handguns… our children deserve better.”
Following the Uvalde massacre, another unsatisfying remark came from the mayor’s panel against gun violence’s chair, Haley Carter, who said that it is harmful to provide 18-year-olds broader access to firearms. As I was in the Marines, Carter said in a statement, “In the military, before you can carry a weapon, you are training and drilled to be proficient. Allowing 18-year-olds to openly carry pistols without any training is a risky public policy and an insult to gun owners with common sense.
Another criticism came from Gilberto Hinojosa, the chairman of the Texas Democratic Party, stating that the party vehemently disagrees with the ruling. “We once more urge Republicans to defend our kids and enact effective gun violence prevention laws before it’s too late”. If Republicans keep obstructing measures to reduce gun violence, the next horrific event in Texas will happen when, not if.
After all the saids and done, the court ruling still stands, then how does Texas now allow 18 year olds to apply and have a license to carry (formally concealed carry).
Texans aged 18-20 now have the ability to get a License to Carry if they are protected under certain types of protective orders or magistrate’s emergency protective orders.
What is a protective order?
Have you ever experienced violence, stalking, or sexual abuse? Then a protective order is a court order that prevents your abuser from approaching you if you have experienced any of the above incidents. For those who have been the targets of domestic violence, dating violence, sexual assault, stalking, or human trafficking, there are several types of POs.
A PO orders an abuser to;
● not to harm, harass, or threaten you or your kids personally or through another person;
● to avoid you, your family, your house, your place of employment, and the daycare or school where your kids attend;
● not to possess a gun, even if you have a permit.
How do you get a protective order?
There are several ways to apply for the protective order, below are the steps to follow
● Contact your local county or district attorney’s office.
● Contact your local family violence shelter. Call 800-799-SAFE (7233) to find the nearest one.
● Contact your local legal aid office.
● Hire a private attorney,
● Complete the do-it-yourself PO Kit available from TexasLawHelp.org. Trying to get a protective order without an attorney should be your last resort.
Evidences to show in order to get a Protective order include;
The type of protection order will determine what documentation is required.
You must be able to prove that there has been violence and that it is likely that further violence will occur in order to get a protective order against family violence.
You must be able to prove the abuser engaged in stalking, sexual assault, or human trafficking in order to get protective orders for these offenses.
Some consideration include
Any violence between intimate partners, including dating violence and violence between partners of the same sex, is considered family violence.
Protective orders for sexual assault, stalking, and human trafficking do not require a particular relationship with the perpetrator.
When an incident occurs, dial 911. A PO is more likely to be granted if you have submitted reports in the past.
WHAT IS AN EMERGENCY PROTECTIVE ORDER(EPO)?
After being arrested for a family violence charge, the abuser may be subject to an Emergency Protective Order (EPO), a court order with criminal enforcement. A separate application process for the victim is not necessary, nor is the victim’s presence in court necessary when the order is given.
HOW TO GET AN EPO
Only at the time of an arrest for a crime involving family violence or sexual assault is an emergency protective order (EPO) available. It cannot be prolonged because it is just temporary and an emergency in nature.
The following methods exist for requesting the EPO:
● By the victim of the alleged family violence offense;
● By a guardian of the victim;
● By an attorney representing the state; and/or
● By a peace officer.
● The court may also issue the order on its own motion and, in certain circumstances, the order will be mandated by law
To learn about other types of protective orders, contact the Family Violence Legal Line at (800) 374-4673.
An EPO prohibits an offender from the following:
● Family violence offenses or acts that would constitute a violation of Texas Penal Code 42.07(a)(7) (stalking).
● Directly threatening or harassing the victim, a member of the victim’s family, or a household member; or indirectly threatening the victim or a member of the victim’s family or household.
● Getting as close as possible (about 200 yards) to the victim or a member of the victim’s family
REQUIREMENTS FOR TEXAS LICENSE TO CARRY PERMIT
● You must be 18 years of age or older to apply for a Texas License to Carry (LTC).
● You must have a valid government-issued identification card, such as a driver’s license from Texas or another state.
● You must meet all qualifications to own a handgun.
● You must pass an approved classroom or online training course and demonstrate handgun proficiency shooting with a Texas-qualified LTC instructor.
Documents Required
● Documentation proving successful completion of a training course or program on gun safety that has been approved.
● Your fully filled-out LTC-78A application for a Texas license to carry a handgun, together with any additional supporting documents.
Issuing Authority
● The Texas Department of Public Safety grants non-discretionary (“shall-issue”) licenses to carry handguns to all eligible, qualified applicants.
Permit Duration
● The Texas License to Carry a Handgun is valid for four years
Permit Application Timeline
● A new license to carry permit application might take up to 60 days to process from the time the DPS receives your fully completed application. Questions about eligibility or correctness could add to processing time, but not more than 180 days.
Permit Renewal
● Renewal fees follow the same timeframe as new License to Carry fees. A renewal application form is used by people who want to renew their license. As soon as all required materials are received, renewals are given within 45 days.
Permit Denial
● Texas residents who are denied a License to Carry permit have 30 days to file an appeal. To request a hearing, submit a written request to the Texas Department of Public Safety’s Austin office. The department must promptly schedule a hearing in the proper justice court or in the applicant’s or license holder’s home county after receiving a request for a hearing from a license holder or applicant.
When you’re ready to get your Texas License to Carry (LTC), make sure you choose a premier training provider. Conceal Carry Academy and LTC Training Texas are committed to offering the best firearms training possible. When they need information on firearms safety or they want to take a Texas LTC class, gun owners trust the expertise of the pros from Conceal Carry Academy. If you have questions about any aspect of gun ownership in Texas, contact us today at ltctrainingtexas.com.
