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Masks and LTC

Posted: Wed Jul 08, 2020 4:47 pm
by thetexan
Is there any statute or rule regarding the wearing of masks (Covid or otherwise) while carrying open or concealed?

Tex

Re: Masks and LTC

Posted: Wed Jul 08, 2020 4:50 pm
by striker55

Re: Masks and LTC

Posted: Wed Jul 08, 2020 7:24 pm
by oljames3
thetexan wrote: Wed Jul 08, 2020 4:47 pm Is there any statute or rule regarding the wearing of masks (Covid or otherwise) while carrying open or concealed?

Tex
No, there is no Texas law regarding the wearing of masks while legally carrying a firearm. This question is appearing numerous times in all forms of social media. There are many good responses on several firearms related Facebook pages and subReddits.

Here is an informed answer from Texas criminal defense lawyers. https://www.walkertaylorlaw.com/post/ca ... ing-a-mask
LONG GUNS (RIFLES AND SHOTGUNS)
Those who are not prohibited from possessing a rifle or shotgun may generally carry them so long as they are not carried in a public place in a manner calculated to alarm. See Tex. Penal Code Sec. 42.01(a)(8). Whether wearing face coverings increases the public perception of alarm depends on each particular set of circumstances and will be determined on a case-by-case basis, so use caution.

HANDGUNS (PISTOLS AND REVOLVERS)
Texas LTC or Other Recognized Permit or License
Whether it be under the authority of a Texas License to Carry a Handgun ("LTC") or other recognized license or permit, wearing a mask does not directly impact your right to carry. We have seen many erroneously claim online that you cannot carry a handgun while wearing a mask here in Texas; that is simply not true. License and permit holders may still carry in the manner they were lawfully allowed to in Texas before the pandemic.

Without an LTC
The same is true without a Texas LTC or other recognized license or permit. You may still carry as if you were unlicensed (e.g., on your premises, concealed in your motor vehicle, etc.). Wearing a face covering in your car while carrying a concealed handgun, for example, is not prohibited conduct. This does not mean you could not be arrested for other types of unlawful possession or carrying (e.g., carrying a concealed handgun in your vehicle and driving while intoxicated). Criminal acts and all the laws prohibiting possession and carrying still apply.

Re: Masks and LTC

Posted: Wed Jul 08, 2020 7:39 pm
by flowrie