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Trespass by License Holder with an Openly Carried Handgun

The Trespass by License Holder with an Openly Carried 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 openly brought your handgun into a place where openly carrying handguns is forbidden. Learn more detailed information about the Trespass by License Holder with an Openly Carried Handgun offense below.

Have you been charged with Trespass by License Holder with an Openly Carried Handgun? Call criminal lawyer Paul Saputo at (888) 239-9305.

Trespass by License Holder with an Openly Carried Handgun is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 30 “Burglary and Criminal Trespass.”

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

The offense is described in Section 30.07 of the Texas Penal Code.

(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 and

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

Notice is given “if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.”1 Written communication is also described specifically in the statute as:2

(3) “Written communication” means:

(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 at each entrance to the property.

How can I be charged with Trespass by License Holder with an Openly Carried Handgun?

You can be charged with Trespass by License Holder with an Openly Carried Handgun 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 punishment for Trespass by License Holder with an Openly Carried Handgun?

A conviction for Trespass by License Holder with an Openly Carried Handgun is punished by default as a Class C misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.1 Learn about the differences between grades of felonies and misdemeanors


Legal References:

1Texas Penal Code Section 30.07(b)

2Texas Penal Code Section 30.07(c)(3)

3Texas Penal Code Section 30.07(d)

Published by Criminal Defense Attorney on and last modified