TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN

Trespass by Holder of License to Carry Concealed Handgun

Generally, a License to Carry permits gun owners to travel in public or private with a concealed gun. However, Texas law permits businesses or homeowners to bar concealed weapons from coming onto their property. This law is found in Texas Penal Code Section 30.06. It states that a license holder commits an offense if they bring a concealed weapon on the property of another “without effective consent” and have received notice that entering or remaining on the property with a concealed handgun was forbidden by the property owner.

Notice that concealed handgun forbiddance can be accomplished by posting so-called “30.06 signage” on the property that includes this exact language:

“Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun”

A person cannot be guilty under this law if there was explicitly or through the posting of “30.06 signage,” a warning that concealed weapons were barred from the property. It is also important to remember that there are certain places where weapons are prohibited, regardless of whether there are any warnings posted.

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Violating this law is a Class A misdemeanor, which is punishable by up to one year in jail and/or a fine of up to $4,000. In most cases of a first offense, probation or deferred adjudication are possible.

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Penal Code Section 30.06

TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN

(a)  A license holder commits an offense if the license holder:

(1)  carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent;  and

(2)  received notice that:

(A)  entry on the property by a license holder with a concealed handgun was forbidden;  or

(B)  remaining on the property with a concealed handgun was forbidden and failed to depart.

(b)  For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c)  In this section:

(1)  “Entry” has the meaning assigned by Section 30.05(b).

(2)  “License holder” has the meaning assigned by Section 46.035(f).

(3)  “Written communication” means:

(A)  a card or other document on which is written language identical to the following:  “Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun”;  or

(B)  a sign posted on the property that:

(i)  includes the language described by Paragraph (A) in both English and Spanish;

(ii)  appears in contrasting colors with block letters at least one inch in height;  and

(iii)  is displayed in a conspicuous manner clearly visible to the public.

(d)  An offense under this section is a Class A misdemeanor.

(e)  It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese
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