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If you were charged with any gun charge related to trespass by the holder of a license to carry a concealed handgun then contact an experience criminal defense attorney at Goldstein, Goldstein, Hilley & Orr. Our attorneys have a proven track record of defending Texas citizens against firearm charges and defending their right to bear arms protected by the Second Amendment.
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Under most circumstances, a CHL holder is allowed to carry a concealed handgun into a residence or a business unless the possession is otherwise prohibit by federal or state law. Texas Penal Code Section 30.06 allows a home owner, business owner or commercial landowner to post signage that bars a person with a "Concealed Handgun License" or CHL from entering the premises while carrying a concealed handgun. These signs are colloquially called "thirty-aught-six signs" or "30.06 signage."
The statute provides for Class A misdemeanor criminal penalties for a trespass by a holder of a license to carry a concealed handgun. Important defenses exist including the fact that the signage must comply exactly with the statutory requirements.
Elements of this form of trespass include:
For purposes of this trespass statute, the 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. Written communication can be shown through any of the following:
Section 30.06 provides an exception to the application of this trespass statute if 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.
Even without a warning or signage, a CHL may not carry a concealed handgun in any place where it is prohibited under Texas Penal Code Section 46.03 or 46.035 including:
Texas Gun Laws - Read a general summary on Wikipedia of the Gun Laws in Texas related to the possession, use, and sale of firearms and ammunition.