Trespass by License Holder with a Concealed Handgun: Texas Penal Code §30.06

The Texas Trespass by License Holder with a Concealed Handgun law allows police to arrest you if they believe that you are a handgun license holder and carried a concealed handgun on the property of another without effective consent after you received notice that entry on the property by a license holder with a concealed handgun was forbidden.

The Texas Legislature codified this criminal offense in Texas Penal Code Section 30.06. The Legislature amended this law in 2015, 2017, 2019, 2021, 2023, and 2025, and the vast majority of these amendments created defenses to prosecution, including a 2025 defense for certain tactical medical professionals.

There are now numerous “defenses to prosecution” provided under this statute. Defenses to prosecution mean that you can raise these in the even that you are arrested and brought to trial, and if a judge finds that you admitted some evidence that a defense applied to your circumstances, the judge will include instructions in to the jury in the charge that the state must negate the defense beyond reasonable doubt.

The Penal Code has a companion law called Trespass by License Holder with an Openly Carried Handgun in Texas Penal Code §30.07. As the name implies, that offense applies to openly-carried handguns, whereas this offense applies to concealed handguns.

This law, along with all offenses related to handguns, has changed substantially since the Legislature allowed Constitutional Carry.

Our gun crime defense practice includes defense against these prosecutions.

The Penal Code classifies the Texas Trespass by License Holder with a Concealed Handgun law under Title 7 “Offense Against Property,” Chapter 30 “Burglary And Criminal Trespass.” Learn more about the Texas offense of Trespass by License Holder with a Concealed Handgun below.

What is the current Texas law about Trespass by License Holder with a Concealed Handgun?

Texas Penal Code §30.06 currently defines Trespass by License Holder with a Concealed Handgun as follows:^[1]

(a) A license holder commits an offense if the license holder:

(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.

One of the key elements of this offense is that you have to have received “notice” that the entry was forbidden. We discuss what consitutes notice below.

Amendments made by the Legislature in 2015

In 2015, the Legislature amended subsection (a)(2) by removing by removing the language “or remaining on the property with a concealed handgun was forbidden and failed to depart.”^[2] This had the effect of removing one way for license holders to violate the law. Prior to 2015, the property holder could have provided notice that remaining on the property was forbidden. Since this new amendment took effect, however, only notice that entry is forbidden will suffice to create criminal liability under this law.

The same bill that removed that language also added the word “concealed” in front of the word “handgun,” thereby indicating that this law did not apply to openly-carried handguns.

What is the penalty for a Texas Trespass by License Holder with a Concealed Handgun offense?

A conviction for Trespass by License Holder with a Concealed Handgun is punished by default as a Class C misdemeanor,^[3] with a maximum fine of up to $200.

But if the state’s attorneys convince a jury that the license holder was given oral notice and still did not leave, then a conviction for Trespass by License Holder with a Concealed Handgun in Texas is punished as a Class A misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

What are the defenses to prosecution?

There are numerous defenses to prosecution provided by the Trespass by License Holder with a Concealed Handgun statute. These “defenses to prosecution” mean that even if you violated the law, you can still be found not guilty if you take the case to trial, raise enough evidence to convince a judge to include the defense in a jury charge, and a jury finds that the state failed to prove that the defense did not apply to you.

Defense to prosecution created by the Legislature in 2017

The Legislature added a defense to prosecution in 2017 that the license holder was “volunteer emergency services personnel.”^[5] In the same bill, the Legislature defines the term “volunteer emergency services personnel” as “includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties.”^[6]

Defenses to prosecution created by the Legislature in 2019

In 2019, the Legislature added another defense that allows the license holder to avoid prosecution if he or she left the property “promptly” after being verbally told to leave.^[7]

Another defense created by the Legislature in in 2019 allows the license holder to argue that he or she was carrying a handgun in his or her own residence or the residence of someone else as an invited guest, or to and from such a residence and a vehicle or the license holder’s home.^[8]

Defenses to prosecution created by the Legislature in 2021

The Legislature added another defense to prosecution in 2021 allows handgun license holders to argue that they were a guest of a hotel, and: carried or stored a handgun in their hotel room, carried a handgun directly en route to or from the hotel or their hotel room, carried a handgun directly en route to or from theit vehicle located on the hotel property, or carried or stored a handgun in their vehicle located on the hotel property.^[9]

Another defense to prosecution added by the Legislature in 2021 allows handgun license holders to argue that they were a first responder^[10] who held an unexpired certificate of completion under Section 411.1883, Government Code, at the time of engaging in the applicable conduct, was engaged in the actual discharge of the first responder’s duties while carrying the handgun, and was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies.^[11]

Amendments by the Legislature in 2023

The Legislature made a nonsubstantive cross-reference update to the first reponder defense to prosecution, amending the section of Government Code referenced for the certificate of completion required to be held by first responders in order for the defense to apply.^[12]

An exception to prosecution

The statute also provides an exception to the application of this statute if the property on which the license holder carried a handgun was owned or leased by a governmental entity and was not a premises or other place on which the license holder is prohibited from carrying the handgun under the Places Weapons Prohibited law.^[13]

In 2021, the Legislature amended this exception by updating the cross-reference to the Places Weapons Prohibited law, a nonsubstantive change.^[14]

Defense to prosecution created by the Legislature in 2025

Effective September 1, 2025, it is a defense to prosecution that the license holder is a “tactical medical professional” who holds an unexpired certificate of completion under Government Code §411.1884 at the time of the conduct and was engaged in the actual discharge of the tactical medical professional’s duties while carrying the handgun.^[15]

What qualifies as notice that entry on property by a handgun license holder with a concealed handgun is forbidden?

The law says you have received this notice that entry on the property by a license holder with a concealed handgun was forbidden if the owner of the property (or someone with apparent authority to act for the owner) provides either an oral or written communication that the concealed handgun was forbidden.^[16] The term “oral communication” is not specifically defined, but notice by “written communication” is defined.

The statute defines notice by “written communication” as either:^[17]

(A) a card or other document on which is written language identical to the following: “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”

or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

These are the only two ways to provide notice by written communication.

How can I be charged with a Trespass by License Holder with a Concealed Handgun offense in Texas?

You can be charged with Trespass by License Holder with a Concealed Handgun in Texas if the state’s attorneys believe that each of the elements of §30.06(a) as described in the section above has been met.

What is the statute of limitations for Trespass by License Holder with a Concealed Handgun in Texas?

As a misdemeanor, Trespass by License Holder with a Concealed Handgun charges have a two-year limitations period.^[18]

Can you get probation for Trespass by License Holder with a Concealed Handgun in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Trespass by License Holder with a Concealed Handgun, and judges are also allowed to accept deferred adjudication plea deals.^[19]

What level of crime is Trespass by License Holder with a Concealed Handgun in Texas?

The Penal Code classifies the punishment for Trespass by License Holder with a Concealed Handgun as a Class C misdemeanor, except that it’s a Class A misdemeanor if the person refused to leave after being personally told to do so.

Learn more about the penalty range for this offense in the section above.

Legal References compiled by attorney Paul Saputo: