Trespass by License Holder with an Openly Carried Handgun: Texas Penal Code §30.07

The Texas Trespass by License Holder with an Openly Carried Handgun law gives police the right to arrest you if they believe you are a handgun license holder and you openly carried a handgun on someone else’s property without effective consent after receiving notice that entry on the property by a license holder openly carrying a handgun was forbidden.

The Texas legislature enacted this law in 2015 and codified it in Texas Penal Code Section 30.07. The legislature subsequently amended it in 2017, 2019, 2021, and 2023, and the vast majority of these amendments created defenses to prosecution.

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 a Concealed Handgun in Texas Penal Code §30.06. As the name implies, that offense applies to concealed handguns, whereas this offense applies to openly-carried handguns.

The Penal Code classifies the Texas Trespass by License Holder with an Openly Carried 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 an Openly Carried Handgun below.

What is the current Texas law about Trespass by License Holder with an Openly Carried Handgun?

Texas law currently defines the offense of Trespass by License Holder with an Openly Carried Handgun in Penal Code Section §30.07 as follows:^[1]

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

(1) openly carries a 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 openly carrying a handgun was forbidden.

The legislature enacted this law in 2015,^[2] effective January 1, 2016.^[3]

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.

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.”^[4] In the same bill, the legislature defined 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.”^[5]

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.^[6]

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.^[7]

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.^[8]

Another defense to prosecution added by the legislature in 2021 allows handgun license holders to argue that they were a first responder^[9] 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.^[10]

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.^[11]

An exception to prosecution

The statute also provides an exception to the application of this statute if the property on which the license holder openly 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.^[12]

In 2021, the legislature amended this exception by updating the cross-reference to the Places Weapons Prohibited law, a nonsubstantive change.^[13]

What qualifies as notice that entry on the property by a license holder openly carrying a handgun is forbidden?

The law says you have received this notice that entry on the property by a license holder openly carrying a handgun was forbidden if the owner of the property (or someone with apparent authority to act for the owner) provides notice by either an oral or written communication.^[14] The term “oral communication” is not specifically defined, but notice by “written communication” is defined.

The statute defines notice by “written communication” as either:^[15]

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

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 an Openly Carried Handgun offense in Texas?

You can be charged with Trespass by License Holder with an Openly Carried Handgun in Texas if the state’s attorneys believe that each of the elements of 30.07(a) as described in the section above have been met.

What is the statute of limitation for Trespass by License Holder with an Openly Carried Handgun in Texas?

As a misdemeanor, Trespass by License Holder with an Openly Carried Handgun charges have a two-year limitations period.^[16]

What is the penalty for a Texas Trespass by License Holder with an Openly Carried Handgun offense?

A conviction for Trespass by License Holder with an Openly Carried Handgun is punished by default as a Class C misdemeanor with a maximum fine of up to $200, except that the offense is a Class A misdemeanor if, after entering the property, the handgun license holder was personally given the notice by oral communication described by subsection (b) and subsequently failed to depart.^[17]

Can you get probation for Trespass by License Holder with an Openly Carried Handgun in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Trespass by License Holder with an Openly Carried Handgun, and judges are also allowed to accept deferred adjudication plea deals.^[18]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[19]

What level of crime is Trespass by License Holder with an Openly Carried Handgun in Texas?

The Penal Code classifies the punishment for Trespass by License Holder with an Openly Carried 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.

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Legal References:

^1. Texas Penal Code §30.07. This law is current as of 2024.^2. HB 910, 84th Texas Legislature, Section 44^3. HB 910, 84th Texas Legislature, Section 53^4. Texas Penal Code §30.07(g), as enacted by HB 435, 86th Texas Legislature, Section 9^5. Texas Penal Code §46.01(18)^6. Texas Penal Code §30.07(h), as enacted by HB 121, 86th Texas Legislature, Section 2

It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property.

^7. Texas Penal Code §30.07(e-1), (e-2) and (e-3), as enacted by HB 302, 86th Texas Legislature, Section 3–

(e-1) It is a defense to prosecution under this section that:

(1) the license holder is:

(A) an owner of an apartment in a condominium regime governed by Chapter 81, Property Code;

(B) an owner of a condominium unit governed by Chapter 82, Property Code;

(C) a tenant or guest of an owner described by Paragraph (A) or (B); or

(D) a guest of a tenant of an owner described by Paragraph (A) or (B); and

(2) the license holder:

(A) carries or stores a handgun in the condominium apartment or unit owner’s apartment or unit;

(B) carries a handgun directly en route to or from the condominium apartment or unit owner’s apartment or unit;

(C) carries a handgun directly en route to or from the license holder’s vehicle located in a parking area provided for residents or guests of the condominium property; or

(D) carries or stores a handgun in the license holder’s vehicle located in a parking area provided for residents or guests of the condominium property.

(e-2) It is a defense to prosecution under this section that:

(1) the license holder is a tenant of a leased premises governed by Chapter 92, Property Code, or the tenant’s guest; and

(2) the license holder:

(A) carries or stores a handgun in the tenant’s rental unit;

(B) carries a handgun directly en route to or from the tenant’s rental unit;

(C) carries a handgun directly en route to or from the license holder’s vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or

(D) carries or stores a handgun in the license holder’s vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises.

(e-3) It is a defense to prosecution under this section that:

(1) the license holder is a tenant of a manufactured home lot governed by Chapter 94, Property Code, or the tenant’s guest; and

(2) the license holder:

(A) carries or stores a handgun in the tenant’s manufactured home;

(B) carries a handgun directly en route to or from the tenant’s manufactured home;

(C) carries a handgun directly en route to or from the license holder’s vehicle located in a parking area provided for tenants or tenants’ guests by the landlord of the leased premises; or

(D) carries or stores a handgun in the license holder’s vehicle located in a parking area provided for tenants or tenants’ guests by the landlord of the leased premises.

^8. Texas Penal Code §30.07(e-4), as enacted by SB 20, 87th Texas Legislature, Section 6^9. The law defines first responder in Texas Penal Code §46.01(20) as “a public safety employee whose duties include responding rapidly to an emergency. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. The term does not include:

(A) volunteer emergency services personnel;

(B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or

(C) 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.

^10. Texas Penal Code §30.07(g-1), as enacted by HB 1069, 87th Texas Legislature, Section 6^11. See HB 4595, 88th Texas Legislature, Section 19^12 Texas Penal Code §30.07(e)^13. HB 1927, 87th Legislature, Section 19^14. Texas Penal Code §30.07(b)^15. Texas Penal Code §30.07(c)(3)^16. See Code of Criminal Procedure 12.02(a)^17. Texas Penal Code §30.07(d)^18. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^19. Art. 42A.054(b), Texas Code of Criminal Procedure