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Old July 24, 2012, 05:59 PM   #6
wally626
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Join Date: July 31, 2009
Posts: 642
I listed the 30.06 section below and part of 30.05 that deals with posting property for criminal tresspass that is mentioned in 30.06. In essence, if the buisness owner wants to inform you via a sign that he does not wish you to carry on his property he needs a sign meeting the requirements of 30.06 posted at the entry so that it can be seen (30.05). However, the owner can also just notify you that they do not allow carry. For a buisness with no or deficient sign, you have to leave if notified otherwise you are tresspassing, for a buisness with a legally worded, constructed, and posted sign you are quilty of tresspass when you enter the property with the gun.

With todays internet, most laws can be quickly looked up and in most states read. There are always issues of what the law actually means, sometimes even when clearly worded, which is why we have courts and lawyers. I am not a lawyer and just looked up the wording for you and did a short summary.

Quote:
§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(1) 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:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice
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.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) "License holder" has the meaning assigned by
Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "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"; 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.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.

Added by Acts 1997, 75th Leg., ch. 1261, § 23, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.24, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, § 2, eff. Sept. 1,
2003.
Quote:
§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:.....

(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
...
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;
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