Have you ever wondered about the laws surrounding openly carrying a handgun in Texas? If so, you’re in the right place. We’re going to take a deep dive into TX PENAL § 30.07, which deals with trespass by license holders with openly carried handguns. Don’t worry, we’ll break it down in simple terms, so you don’t need a law degree to understand it!
What is TX PENAL § 30.07?
TX PENAL § 30.07 is a section of the Texas Penal Code that deals with the rights and responsibilities of license holders who openly carry handguns. It’s all about where you can and can’t go with your handgun visible.
The law is designed to balance the rights of gun owners with the rights of property owners and the general public. It’s a bit like the rules about where you can take your dog – some places are okay, and some places aren’t.
The Basics of TX PENAL § 30.07
So, what does TX PENAL § 30.07 actually say? Well, it states that a license holder commits an offense if they enter the property of another with a handgun that is openly carried and visible, after receiving notice that entry with a visible handgun was forbidden.
This notice can be given in several ways. It can be a verbal or written communication by the owner of the property, or someone with apparent authority to act for the owner. It can also be a sign posted on the property, or a card or other document handed to the license holder.
Understanding the Details of TX PENAL § 30.07
Now that we’ve covered the basics, let’s delve a bit deeper into the details of TX PENAL § 30.07. We’ll look at what counts as a ‘notice’, what ‘openly carried’ means, and what the consequences are for breaking this law.
Remember, we’re keeping it simple, so you don’t need to be a lawyer to understand this!
What Counts as a ‘Notice’?
Under TX PENAL § 30.07, a ‘notice’ is any communication that tells a license holder they can’t enter a property with an openly carried handgun. This could be a conversation with the property owner, a letter or email, a sign on the property, or a card handed to the license holder.
The law is quite specific about what the notice must say. It must include the exact wording: “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.”
What Does ‘Openly Carried’ Mean?
‘Openly carried’ means that the handgun is visible. It’s not hidden away in a bag or under clothing. If you’re a license holder, you’re allowed to carry a handgun in public, but it must be in a shoulder or belt holster.
Under TX PENAL § 30.07, it doesn’t matter if the handgun is loaded or not. The law applies whether the gun is loaded or unloaded.
What are the Consequences of Breaking TX PENAL § 30.07?
If a license holder breaks TX PENAL § 30.07 by entering a property with an openly carried handgun after receiving notice that this is not allowed, they can be charged with a Class C misdemeanor. This can result in a fine of up to $200.
If the license holder was given notice by a sign and they refuse to leave the property after being asked to do so, they can be charged with a Class A misdemeanor. This can result in a fine of up to $4,000, jail time of up to one year, or both.
How TX PENAL § 30.07 Affects You
TX PENAL § 30.07 is important for anyone who owns a handgun and has a license to carry it in Texas. It’s also important for property owners and the general public.
As a license holder, you need to be aware of this law and respect the rights of property owners. If you’re a property owner, you need to know how to give notice if you don’t want openly carried handguns on your property.
For License Holders
If you’re a license holder, it’s your responsibility to look for and respect notices that prohibit the open carry of handguns. If you see a sign, receive a card, or are told verbally that you can’t enter a property with your handgun visible, you must respect this.
Remember, breaking TX PENAL § 30.07 can result in a fine or even jail time. It’s not worth the risk!
For Property Owners
If you’re a property owner and you don’t want openly carried handguns on your property, you need to give notice in a way that meets the requirements of TX PENAL § 30.07. This could be a sign posted on your property, a card handed to license holders, or a verbal or written communication.
The notice must include the exact wording specified by the law. If it doesn’t, it won’t be valid, and license holders won’t be breaking the law if they enter your property with an openly carried handgun.
Conclusion
TX PENAL § 30.07 is a complex law, but it doesn’t have to be confusing. Whether you’re a handgun license holder or a property owner, it’s important to understand this law and how it affects you.
Remember, the law is there to balance the rights of everyone involved. By understanding and respecting TX PENAL § 30.07, we can all contribute to a safer and more respectful community.