Section 30.06 CHL Notice/Signage Requirements
Private property owners and business owners have also had the right to determine whether they wanted to allow CHL holders with handguns on their premises. Texas Penal Code Section 30.06 provides for the crime of trespass by a license holder of a concealed handgun, and it provides the notice requirements for property owners and business owners who wish to bar CHL holders from entering their premises or businesses with a concealed handgun. Interestingly, notice may be provided by oral or written notification:
(a) A license holder commits an offense if the license holder:
(1) carries a concealed handgun . . . 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.
Tex. Penal Code §§ 30.06 (a)–(b).
The statue provides specific requirements for notice through a written communication:
(c)(3) "Written communication" means:
(A) a card or other document on which is written 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"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
Tex. Penal Code § 30.06 (c). This provision dictates the exact requirements for the signage that must be posted to restrict entry to CHL holders carrying a concealed handgun.
If a CHL holder violates Section 30.06 and enters with a concealed handgun despite written notice or oral notice as provided by the statute a misdemeanor office has been committed:
(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.
Tex. Penal Code § 30.06(d).
What Has Changed with Legalized Open Carry?
In 2015, the Texas Legislature passed House Bill 910 legalizing licensed open carry of handguns. See H.B. 910 84th Leg., R.S. (Tex. 2015). The new “open carry” laws became effective January 1, 2016. Licensees may now open carry or conceal carry their handguns. The license reference to “CHL” will now be changed to “LTC” or “Licensed to Carry Handgun.” Existing license holders will be allowed to openly carry without change to their existing concealed carry licenses, and new licensees or renewed licensees after January 1, 2016, will be licensed as LTC.
Most of the same requirements in place for licensed concealed carry will now apply to licensed open carry of handguns. Of course, the prior “concealed” requirements for license holders have been abolished. Licensees may now openly carry their handguns; under the law, however, such openly carried handguns must be carried in a “shoulder or belt holster.” Tex. Penal Code § 46.02(a-1)(1). Carrying a handgun concealed or openly is still an offense if a handgun holder is not licensed as required by the law. See id.
As with licensed conceal carry, property and business owners may restrict the open carry of handguns on their premises or in their businesses by providing notice as per Texas Penal Code Section 30.07, which has similar requirements as Section 30.06 for concealed carry restriction notices. Tex. Penal Code § 30.07 (a)–(c). As under Section 30.06, notice of restriction of open carry to license holders may be provided through oral or written notification. Tex. Penal Code § 30.07 (b). Written notice under Section 30.07 is defined as
(A) a card or other document on which is written 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"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
Tex. Penal Code § 30.07(c)(3).
Thoughts and Considerations
Property owners will need to decide whether they want to restrict entry of licensed open and/or concealed carry of handguns and whether they should post signage restricting either or both. It is important to note that both the Section 30.06 (for concealed carry) and Section 30.07 (for open carry) signage are required to restrict entry of both licensed concealed and open carry of handguns by posting sign notices. How and where the restrictive entry notices should be carefully considered.
Property owners and/or managers may leave it up to their tenants to decide to restrict entry of open carry or concealed carry of handguns in their premises and businesses. Tenant business owners will also need to consider whether, how, and where they will provide these restrictive notices.
The ongoing debate, which has not been definitely addressed under Texas law, certainly not for open carry, concerns the premises liability implications for posting, or not posting, such restrictive entry signage. One set of considerations focuses on de-arming a license holder who is later subjected to an armed attack in the premises or business where entry restrictions were imposed. The query is whether this would subject the property owner or business owner who imposed the licensed carry restrictions to liability for negligently disarming the license holder who may have believed they were in “gun free” zone.
The contrary argument is that posting or not posting should not increase or decrease potential liability. Texas law does not require posting of restrictive entry notices, and there are no criminal penalties imposed for failing to post such signage. It is an option under the law to post notice of such entry restriction; thus, by exercising legal rights should not necessarily result in creating liability. However, if the decision is to restrict entry and post, statutory signage requirements should be adhered to strictly. The only problem is the statutes do not specify where such signage must be posted exactly, but every building (or premises) exit/entry point, including garage entrance and exit sites, should be considered. Property owners, and tenants, should review their leases to understand how security is generally addressed and/or, more likely, disclaimed by the landlord.
Other considerations concern what to do with, or where to store, license holder’s handguns if entry is restricted. Finally, property and business owners must decide how to handle licensed carriers who ignore, or refuse to abide by, restrictive entry notifications. It is reasonable to ask for evidence of licensure. The safest course is to call the authorities rather than attempting to make some sort of citizen’s arrest if a license holder ignores or refuses to comply with entry restrictions or if non-license holder is encountered.