Video: Reviewing Texas Penal Code §30.06 and §30.07

Reviewing Texas Penal Code §30.06 and §30.07 Transcript

Hi. I’m Emily Taylor, Independent Program Attorney for Texas LawShield.

Let’s talk about the signs that prohibit your carry of firearms. Texas law allows private property owners to exclude license to carry holders who are carrying handguns from their property. And we do this through criminal trespass laws. The two criminal trespass laws that apply to license to carry holders who are carrying handguns are Texas Penal Code Section 30.06 and Texas Penal Code Section 30.07 for concealed and open carry, respectively. These notices can be either verbal, in writing, or by sign.

There are no specific requirements for verbal notice. A simple “We don’t allow guns in here” told to the LTC holder by the property owner or a person given the authority by the property owner to give the warning is sufficient. In a business setting, this could be any of the business’s employees.

If the property owner prefers to give notice in writing, it must be provided to the LTC holder with a card or paper that has the following words printed on it. “Pursuant to Section 30.06, Penal Code (trespass by a 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.” This notice must be delivered personally to the LTC holder. Same goes for Section 30.07, which prohibits open carry, with the section number and the word “concealed” changed to “open.”

The most popular methods of giving the 30.06 and 30.07 criminal trespass warning is by placing signs on the property. These signs must contain the words of the written notice; and the sign must be written in English and Spanish, and appear in contrasting colors. The text must be in block letters at least one inch tall, and the sign must be posted in a conspicuous place, clearly visible to the public.