When Texas passed it's version of a Shall Issue Concealed Carry Law, a compromise was made that attempted to balance the right to keep and bear arms with the rights of a property owner. In Texas a business owner may prohibit concealed carry on his or her property. This was accomplished through the Texas Penal Code, Section 30.06.
PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
Basically a CHL holder is in violation of the law (Class A misdemeanor) if he or she remains on the property after proper notification that entry on the property by a license holder with a concealed handgun was forbidden. This notification can be either verbally, the owner or owner's representative asks you to leave, or by written communication. The written communication can be a card handed to the CHL holder, or a sign posted at the entrance of the property. The language of the written communication has to be exactly as follows (in both English and Spanish):
"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A 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."Any other signage does not constitute proper notification and a CHL holder can legally enter the establishment with a concealed firearm. If a business owner posts a no guns sign other than the proper 30.06 sign, I see it as an invitation for a CHL holder to enter. Now if the owner determines that you have a concealed firearm and asks you to leave, you must leave.
"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO."
One of my very first posts on Fit's site, Shooting the Messanger, concerned some comments he made about Texans and 30.06. I took a bit of umbrage to a post of his "The Neverending Sissification Of Texas...We Get Letters" and we have been commenting back and forth ever since.
There are very few 30.06 signs posted in Texas these days. Businesses have realized that CHL holders have money and are not the guys planning on a robbery. We are gaining momentum towards changing the Penal Code and doing away with 30.06, but it will be awhile yet before that happens
More information on 30.06 can be found here and here.
4 comments:
We wait the return of the true Texas.
I am a strong supporter of the 2nd amendment. I am also a strong supporter of private property rights.
If a business owner doesn’t want CHL holder to bring gun into his/her establishment then she should have that right. What we 2nd amendment advocates need to do is “call out” all of the non gun friendly businesses. We should write letters to their headquarters demand that they respect us and allow us to carry in their businesses. Local gun organizations need to have lists of businesses that don’t allow carry and we should let them know that we spend money too
As much as I would like for every business to allow us to carry in their establishments I would not want to gov’t to require that they allow it. I think that it’s governmental overreach.
Actually, the 1995 law creating the CHL in Texas didn't include 30.06. That law was added in 1997 to standardize (and make it somewhat punitive) how to give notice.
John Mark, that is correct. I mis-spoke in my commentary.
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