Texas-Book-Gun Law Armed And Educated - Flipbook - Page 279
TAKEAWAY:
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A location does not have to post a 46.03 sign to still be a
prohibited place.
If a place does post a 46.03 sign, the presence of that sign
removes any ability for a person who carried a firearm into
that location to say, “I simply didn’t know that this area was
a prohibited location.”
—Emily
Regardless, if the location has or has not posted a 46.03 sign, it is
still prohibited.
B. Legally effective signage for license holders
In order to legally prohibit an LTC holder from carrying a handgun
on an owner’s property, the owner must give the LTC holder notice,
usually orally, in writing, or by signage. However, for written
notice and signage, this notice must be specific, and there are legal
requirements for the protection of LTC holders.
So, if someone wants to exclude LTC holders from carrying a
handgun on his or her property, he or she must give effective legal
notice that LTC holders are prohibited from carrying pursuant to
either Texas Penal Code Section 30.06 (for concealed carry), Texas
Penal Code Section 30.07 (for open carry), or both. These Sections
pertain to criminal trespass, and as such, prohibitions can apply
broadly to all property owned by the prohibiting party, depending
upon the location of signage and/or the scope of notice given. For
example, a grocery store might choose to post effective signage on
its front door, which would serve as criminal trespass notice for the
building. Or, it could post signage at the entrance to the parking lot,
268 | CHAPTER THIRTEEN
