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We must be clear as to what property we are dealing with, when discussing TPC §§ 30.05 and 30.06. TPC §30.05 cannot be use to successfully prosecute a CHL holder solely because he/she is carrying a gun. This applies to both private property and government-owned or leased property.

To prosecute a CHL holder for trespass, the elements of TPC §30.06 must be met. This means the CHL must be notified by a compliant 30.06 sign, a written card or paper with the express language required on a 30.06 sign, or or by verbal warning. Note, a verbal warning does not require any specific language, as does a written warning. Something as simple as a verbal statement "no guns in here" will constitute proper notice under 30.06.

This is what worries me about the 30.05 discussions that have been discussed in various threads recently. If property is posted with a "no guns" sign that doesn't meet the requirements of TPC §30.06, then it doesn't apply to a CHL and the CHL can enter the property. If the owner or someone with apparent authority to speak for the owner learns you have a gun, he can tell you to leave. If you don't, you can be prosecuted for trespass, not under 30.05, but under 30.06 because you have now been given proper verbal notice. Crossing a 30.05 sign did not constitute a criminal violation, but staying on the property after receiving verbal notice violates 30.06.

None of this applies to a CHL entering or remaining on government owned or leased property, regardless of whether a private person or entity is renting or leasing it, no matter what is included in the rental/lease contract. This includes the much-discussed AAC property.

Chas.