texas 30.06, texas 30.07

Texas Penal Code 30.06 / Texas Penal Code 30.07

 

Since it first took effect in 1997, Texas Penal Code § 30.06 has provided property owners with a means to prevent Concealed Handgun License (CHL) holders from carrying concealed weapons on their property, and created criminal penalties for CHL holders who disregard proper notice that carrying weapons is prohibited.  Texas penal code 30.07

Prior to January 1, 2016, a CHL holder committed the offense of Trespass by License Holder with a Concealed Handgun if he carried a handgun on a property without effective consent, having received notice either that entry onto the property with a concealed handgun was forbidden or that remaining on he property with a concealed handgun was forbidden, and subsequently failing to depart.  In either scenario, an offense committed under this section was a Class A Misdemeanor.

This means that a CHL holder who either entered a property or remained on a property with a concealed handgun after receiving proper notice that doing so was prohibited could face charges for a Class A Misdemeanor, which carries a maximum penalty of one year imprisonment and a $4,000.00 fine.

For the purposes of § 30.06, proper notice includes both written and oral communication from the owner of the property or someone with authority to act on behalf of the owner that carrying a concealed handgun on the premises was prohibited.  Prior to January 1, 2016, proper written notice required the following exact language: “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.”

This means that a property owner, manager, or other employee could either verbally inform a CHL holder that carrying a concealed handgun on the property was prohibited, or post a sign with the prescribed language in both English and Spanish appearing in contrasting colors with block lettering at least one inch in height at every entrance available to the public.

As of January 1, 2016, the Concealed Handgun License (CHL) that was issued to license holders pursuant to Chapter 411 of the Government Code became a License to Carry (LTC), and permitted both the open and concealed carrying of a handgun.  Texas penal code 30.07

Because § 30.06 still only prohibits the concealed carrying of a handgun, it has predominantly remained the same.  Proper notice that carrying a concealed handgun on a premises still includes both oral and written communication.  However, the language required to properly ban the concealed carrying of a handgun has changed slightly to reflect that an LTC now permits both open and concealed carry, and must now read: “Pursuant so 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.” Although the language of the notice required under § 30.06 has changed slightly, its meaning remains the same: a CHL or LTC holder is not permitted to carry a concealed handgun on any property with a properly posted sign bearing this language.  Texas  penal code 30.07

The greatest change to § 30.06 in light of the new open carry legislation is the penalty for violating this section.  Whereas any violation of § 30.06 was previously a Class A Misdemeanor, violations of this section committed on or after January 1, 2016 are a Class C Misdemeanor punishable by a fine of up to $200.00, unless it is shown at trial that, after entering the property, the license holder was personally given verbal notice by the property owner or someone with authority to act on the owner’s behalf that carrying a concealed handgun was prohibited and subsequently failed to depart.  Under these circumstances, an offense under § 30.06 is still a Class A Misdemeanor.

Texas Penal Code § 30.07, which took effect January 1, 2016, applies the same rules governing the concealed carrying of a handgun under the revised § 30.06 to the open carrying of a handgun.  Just as with § 30.06, a violation of § 30.07 (Trespass by License Holder With an Openly Carried Handgun) is a Class C Misdemeanor punishable by a fine of up to $200, unless it is shown at trial that, after entering the property, the license holder was personally given verbal notice that openly carrying a handgun was prohibited and subsequently failed to depart.  Under these circumstances, an offense under § 30.07 is also a Class A Misdemeanor with a maximum penalty of one year imprisonment and a $4,000.00 fine.

As with § 30.06, a property owner or someone authorized to act on the owner’s behalf may give proper notice to license holders that openly carrying a handgun is prohibited pursuant to § 30.07 with either verbal or written notice.  Proper written notice under § 30.07 must meet the same requirements as proper written notice under § 30.06 (signs in both English and Spanish with one-inch block lettering in contrasting colors posted as every entrance available to the public), except that the required language reflects that openly carrying a handgun is prohibited, and must read: “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.”

Just as a properly posted sign pursuant to § 30.06 prohibits the carrying of a concealed handgun, a properly posted sign pursuant to § 30.07 prohibits the open carrying of a handgun.  Requiring separate signs relating to the concealed and open carrying of handguns gives property owners the latitude to prohibit only concealed or open carrying of handguns, as desired.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.