CHL Holder Defense in Greater Houston


Jehrico 941F 9 mm pistolConcealed Handgun License Defense in Greater Houston

If you or a loved one need a Houston criminal attorney, contact James Sullivan at (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan attended Gerry Spence’s Trial Lawyers College and was invited to join The National Trial Lawyers association.

Texas Penal Code, Section 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.

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