Texas-Book-Gun Law Armed And Educated - Flipbook - Page 284
they only have a legal argument. This is an issue that has not been
decided by the courts, yet.
The lack of case law on this subject makes scenarios such as a sign
posted using white letters on a clear glass window difficult to judge
beforehand. Is clear glass a sufficient contrasting background from
the white letters as required by law? An argument could easily be
made either way—which is exactly what will happen should such
a case go to trial.
Beware, therefore! If you decide, as an LTC holder, to disregard a
posted 30.06 or 30.07 sign because of a technical deficiency, you
may be the first “test case” to help establish the bright lines of the
law. Also, always remember that if a property owner ever gives
you oral notice that LTC holders are not welcome to carry on their
property, you have been given effective legal notice and must leave
the property; otherwise, you are criminally trespassing.
What happens if I violate Sections 30.06 or 30.07?
Generally, a violation of Texas Penal Code Sections 30.06 or
30.07 is a Class C misdemeanor. But, if an LTC holder carrying
a concealed handgun was personally given the notice by oral
communication and subsequently failed to depart, it is a Class A
misdemeanor. See Tex. Penal Code §§ 30.06 and 30.07. However,
if you are given verbal notice to leave the premises and you
promptly depart the property, then you will have a defense to
prosecution.
A conviction or order of deferred adjudication for a Class A
misdemeanor means the suspension of a person’s LTC for seven
years. See Tex. Gov’t Code § 411.186(c). In addition, an LTC
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