Penal Code §30.06 and §30.07: Criminal Trespass
Texas Penal Code §30.06 and §30.07 cover trespassing by an LTC holder with a concealed or openly carried handgun.
- According to these sections, it is an offense if you carry a concealed or open-carry handgun under the authority of Subchapter H, Chapter 411, Government Code (have a valid LTC), on another person’s property if:
- You do not have that person’s consent and/or…
- You have received oral or written notice from the property owner or someone acting on behalf of the property owner that entering the property with a concealed or open-carry handgun is forbidden for a person who has an LTC.
- A written notice must be cards, signs, or other documents that include the exact language shown on the examples below.
- If signs are posted, the property owner must have:
- A §30.06 sign to prohibit an LTC holder with a concealed handgun from entering the property and…
- A §30.07 sign to prohibit an LTC holder with an openly carried handgun from entering the property.
- Any sign must be:
- Written in both English and Spanish and…
- Printed in BLOCK letters at least one-inch-high such that the color of the letters contrasts with the background and…
- Displayed in a conspicuous manner clearly visible to the public.
- Instead of meeting the above requirements exactly, a property may also be posted with a sign that is sufficiently compliant to be deemed to have given effective notice.
- It is a defense to prosecution under Sections 30.06 and 30.07 if you have a valid LTC and:
- You received oral notice and promptly departed from the property or...
- You are the owner, the tenant, or a guest of an owner or tenant on rental property and you carry, store, or possess a handgun on the property.
- This includes the parking area provided for tenants and their guests.
- Landlords are prohibited from restricting tenants and their guests from possessing firearms and ammunition unless possession on a landlord’s property is prohibited by state or federal law.
- Sections 30.06 and 30.07 do not apply to property owned or leased by a governmental entity that is not a premises or other place where the LTC holder is prohibited from carrying a handgun under Penal Code §46.03 or §46.035.
If you enter a person’s property after receiving notice under §30.06 or §30.07, you can be charged with:
- A Class C misdemeanor punishable by a fine not to exceed $200 for entering the property or…
- A Class A misdemeanor for refusing to leave the property.