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.

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.