TexasCHLforum.com

Please forgive my beating a dead horse, some of my coworkers and I are in disagreement about the penalty for intentionally walking past a 30.06 sign is....

I think notice vs effective consent and written vs verbally are confusing the issue.

Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.

(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.


(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.



http://www.txdps.state.tx.us/rsd/chl/faqs/index.htm

43. What are the penalties against a license holder for violating §30.06 or §30.07, Texas Penal Code?


Until January 1, 2016, it is a Class A misdemeanor for a license holder to carry a concealed handgun onto private property after receiving effective notice under §30.06, Texas Penal Code.

Effective January 1, 2016, it is a Class C misdemeanor punishable by a fine not to exceed $200 for a license holder to carry a concealed handgun onto private property after receiving effective notice under §30.06, Texas Penal Code, or to openly carry a handgun onto private property after receiving effective notice under §30.07, Texas Penal Code. Note, after January 1, 2016, the offense will be enhanced to a Class A misdemeanor if it is shown at trial that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) (of §30.06 or §30.07)and subsequently failed to depart.



So I interpret this as if I received prior notice verbally or written, and then later made entry anyway then it's a Class C misdemeanor. Upon/after entry if I am then given a 2nd verbal notice and also failed to depart then it its a Class A misdemeanor.

My reasoning is that whether verbal or written, notice is notice and the penalty for violating notice is a Class C. The penalty for being asked to leave and remaining is a Class A.

Am I correct?