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 noted below.

• A §30.06 sign should include 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 §30.07 sign should include this exact language:
  Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.

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.

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.

Penalties

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.