Question CHL 30.06?

[Thumper]

Can a property post the standard 30.06 signage then on request from certain tenants give them permission to carry on property?

Can the owner of the property pick and choose who can carry and who can not?

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

[Coach W]

I would think so... How else do school cops carry?

They are not employed by the city...

But they also dont carry concealed.... Good Question!

[Kingslayer]

The Goverment & State Can

[Rockpit TX]

My opinion is the law cannot pick and choose. its either yes you can or no you cant. 30 06 says no. But I believe it can apply to customers and not employees.

[M16]

On private property you can do as you please. You get to make the rules.

[WCB]

Not sure but if given permission while a 30.06 is posted I'd get it in writing...

[Thumper]

I would think so... How else do school cops carry?

They are not employed by the city...

But they also dont carry concealed.... Good Question!

They're police officers and do not fall under 30.06/CHL regulations.

[Redneck Archer]

30.06 means no...

if they say you can get it in WRITING, and keep it with your CHL. because a cop wont care. if he sees the 30.06 sign, and somehow finds you carrying you are WRONG...

[JBS]

I would think so... How else do school cops carry?

They are not employed by the city...

But they also dont carry concealed.... Good Question!

Because they are commissioned Peace Officers. For the most part LEO’s are exempt from the weapons laws and rules.

[SB09]

My question would be, does the landowner/poster if the 30.06 sign have to press charges in order for a CHL holder to be arrested. Or, is the 30.06 something a DA takes upon themselves to press charges?

[DeerMagnet]

The landowner would need to be the complainant. It is unlikely a DA would pursue the charges by themselves.

[tvc184]

I believe that you can carry on a 30.06 property with the consent of the owner. The state doesn't file charges on trespassing, the victim does. In this kind of case the "victim" is the property owner/manager.

It is not a law like UCW on an alcohol license premises where the state law says that you can't carry. The owner has no say so as he is not the "victim" as the state has deemed the property as banned for a CHL. In the case of a private business like maybe Walmart, the state has not deemed anything, the owner has. It is not a violation of the law unless that owner asks for a violation which is different than UCW where there is not a consent issue.

Chapter 30 is a trespass statute, not a weapons possession statute. In fact it is essentially no different than merely banning a person from being on your home property for any reason. If you don't like your neighbor, you can tell him not to step on your property or you will file charges. With the 30.06 law, it is still trespassing and the warning can come from merely telling a person verbally or by writing not to carry on your property. The writing can be by merely walking up and handing the person a card with the proper language or by the well known sign in Spanish and English.

Just like you can have a no trespassing sign in your yard and a locked gate. That doesn't mean that the police can move in and arrest your mother for trespassing when she is coming over to visit. The reason? She has been given consent by you to be there, regardless of the sign.

So let's look at the law itself. Under 30.06 the statute says:

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:................


The key is that is a violation of the law "without effective consent". Then it goes on to explain how that effective consent can be given. So for everyone that steps on the property, a CHL is not valid if they have been given notice as described by law. That law does not exclude an owner/manger from giving that effective consent to a person however. What if a manager wants his employees to carry with a CHL to protect a store but not the general public. Can the police simply come in and start arresting those employees when the owner has told them that they can carry? Remember again, this is a trespass statute, not a weapons carry statute such as UCW.

If you give a person, "effective consent", you have allowed him to carry on your property and you have negated the law that requires "without effective consent".

In my opinion, an owner or manager can give anyone consent to carry on his property but everyone else is banned if the proper notification is given by law that has not received that individual consent.

[tvc184]

I would think so... How else do school cops carry?

They are not employed by the city...

But they also dont carry concealed.... Good Question!

School police are licensed peace officers just as a sheriff deputy, city cop, DPS, game warden, etc. They aren't carrying under a CHL but under a state license as a police officer. They can carry open or concealed as the UCW or Places Weapons Prohibited laws do not apply to them.

Being employed by a city or not has nothing to do with it.

[Geezy Rider]

Yes the property owner or the person in charge of the propery can give written permission for somebody to carry on the property. For example, a school Ag class is teaching the Texas Hunters Safety Certification. The instructor can bring firearms on school property for use in the class if he or she has written permission from the principal.

[tvc184]

Yes the property owner or the person in charge of the propery can give written permission for somebody to carry on the property. For example, a school Ag class is teaching the Texas Hunters Safety Certification. The instructor can bring firearms on school property for use in the class if he or she has written permission from the principal.

I don't believe that written permission is needed to overcome 30.06 and only that permission is given by the owner or manager. Written permission might be nice but not required.

You are correct in your example but you are talking about the wrong statute. That example is from Chapter 46 on weapons. Specifically under 46.03 Places Weapons Prohibited, a person can be on the on the premises of a school if written permission authorization from the school.


Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;



That has no bearing on trespassing under 30.06.