Papa_Tiger wrote: ↑Mon May 24, 2021 11:25 am
Gun Signs with force of law under HB 1927:
30.05
Sign Description:
Includes language that is identical to or substantially similar to the following:
"Pursuant to Section 30. 05, Penal Code (criminal trespass), a person may not enter this property with a firearm"
In both English and Spanish in contrasting block letters at least 1 inch in height
How can it be posted:
At each entrance to the property, in a conspicuous manner clearly visible to the public.
Who can post:
Any private business or non-governmental entity not covered by TPC 46.03 PLACES WEAPONS PROHIBITED
Who does it apply to:
All persons carrying a firearm (this includes long guns as well as handguns)
Defense to prosecution provided to:
LTC holders under TPC 30.05(f) that states:
It is a defense to prosecution under this sect ion that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
( i) in a concealed manner; or
(ii) in a holster.
Offense for violating:
Class C misdemeanor punishable by a fine not to exceed $200
Class A misdemeanor if you receive notice and fail to depart
30.06
Sign Description:
Language identical to the following:
"Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"
In both English and Spanish in contrasting colors at least 1 inch in height
How can it be posted:
On a property in a conspicuous manner clearly visible to the public - applies to the whole property, not just a premises (building or portion of a building)
Who can post:
Any private business, non-governmental entity, and governmental entity listed in TPC 46.03 PLACES WEAPONS PROHIBITED.
There are certain exceptions to the application of TPC 46.03 for license holders - namely governmental meetings subject to the open meetings act.
Government entities/buildings/locations that are not listed in TPC 46.03 can post, but the law cannot be applied to a license holder.
Who does it apply to:
Persons licensed under Subchapter H, Chapter 411 Government Code (handgun licensing law)
Defense to prosecution provided to:
Condo residents or guests, lessees of residential housing, or a lessee of a manufactured home going directly to or from a vehicle and housing unit
Volunteer emergency services personnel
License holders personally given oral notice who promptly depart the property
Who does it NOT apply to:
Unlicensed individuals
Offense for violating:
Class C misdemeanor punishable by a fine not to exceed $200
Class A misdemeanor if you receive notice and fail to depart
30.07
Sign Description:
Language identical to the following:
"Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"
In both English and Spanish in contrasting colors at least 1 inch in height
How can it be posted:
Displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
Who can post:
Any private business, non-governmental entity, and governmental entity listed in TPC 46.03 PLACES WEAPONS PROHIBITED.
There are certain exceptions to the application of TPC 46.03 for license holders - namely governmental meetings subject to the open meetings act.
Government entities/buildings/locations that are not listed in TPC 46.03 can post, but the law cannot be applied to a license holder.
Who does it apply to:
Persons licensed under Subchapter H, Chapter 411 Government Code (handgun licensing law)
Defense to prosecution provided to:
Condo residents or guests, lessees of residential housing, or a lessee of a manufactured home going directly to or from a vehicle and housing unit
Volunteer emergency services personnel
License holders personally given oral notice who promptly depart the property
Offense for violating:
Class C misdemeanor punishable by a fine not to exceed $200
Class A misdemeanor if you receive notice and fail to depart
46.03
Sign Description:
Language that is identical to or substantially similar to the following:
"Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property"
In both English and Spanish in contrasting colors with block letters at least 1 inch in height
Where can it be posted:
On a property in a conspicuous manner clearly visible to the public - applies to the whole property, not just a premises (building or portion of a building)
Who can post:
Locations listed in TPC 46.03 including:
- premises of a school or the grounds where a school sponsored activity is taking place (this includes colleges - no constitutional carry on university property)
- premises of a polling place while voting is in progress
- premises of a court or offices used by the court
- secured area of an airport
- within 1000 ft. of a place of execution on the date of the execution
- Premises of high school, collegiate, or professional sporting events while the event is taking place unless the weapon is used in the event
- Premises of a correctional facility
- Premises of a civil commitment facility
- Hospitals and nursing homes
- Certain state-run mental hospitals
- Government meetings subject to the open meetings act
Who does it apply to:
All persons carrying a firearm (this includes long guns as well as handguns)
Exceptions
Persons licensed under Subchapter H, Chapter 411 Government Code (handgun licensing law) may carry on public institutions of higher education and government meetings subject to the open meetings act
Collegiate sporting events, hospitals, nursing homes, and amusement parks must be posted with 30.06/7 to exclude persons licensed under Subchapter H, Chapter 411 Government Code (handgun licensing law)
51% locations must be properly posted to exclude anyone carrying a weapon
Defense to prosecution provided to:
Persons provided notice by the owner of the property, or from another person with apparent authority to act for the owner that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and promptly departed from the premises or other property.
This does not apply if the location was properly posted with the signs or the person knew that carrying a firearm or other weapon on the premises or other property was prohibited.
Persons possessing a firearm in a secured area of an airport licensed under Subchapter H, Chapter 411 Government Code (handgun licensing law) who are notified and immediately exit the checkpoint after completing the required screening
Offense for violating:
Third degree felony or Class A misdemeanor depending on which location the firearm was carried on.
