The Trespass by License Holder with a Concealed Handgun crime in the state of Texas gives police the right to arrest you if they believe you are a concealed carry license holder and you brought your concealed handgun into a place where concealed handguns are prohibited. Learn more detailed information about the Trespass by License Holder with a Concealed Handgun offense below.
TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN ATTORNEY FAQs
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Trespass by License Holder with a Concealed Handgun is classified in the Texas Penal Code under Title 7 “Offenses Against Property”, Chapter 30 “Burglary and Criminal Trespass.”
The offense is described in Section 30.06 of the Texas Penal Code.
(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. The law says you have received this notice 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.1 Oral notice is not specifically defined, but written notice is defined. Written notice is either:2
(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”
(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 written notice.
You can be charged with Trespass by License Holder with a Concealed Handgun if the state’s attorneys believe that each of the elements of 30.06(a) as described in the section above have been met.
A conviction for Trespass by License Holder with a Concealed Handgun is punished by default as a Class C misdemeanor,3 with a maximum possible fine under Texas state law 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 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. Learn about the differences between grades of felonies and misdemeanors
1Texas Penal Code Section 30.06(b)
2Texas Penal Code Section 30.06(c)(3)
3Texas Penal Code Section 30.06(d)
4Texas Penal Code Section 30.06(d)