Texas-Book-Gun Law Armed And Educated - Flipbook - Page 285
holder convicted of a Class A misdemeanor criminal trespass may
face up to one year in county jail and/or up to a $4,000 fine or
the person may receive a maximum of two years of probation
with a minimum of 80 hours of community service. However,
a conviction for a Class C misdemeanor criminal trespass by a
license holder is punishable by a fine up to $200 and no jail time.
Further, a conviction or order of deferred adjudication for a Class
C misdemeanor criminal trespass by a license holder will not have
any consequences on the LTC holder’s license.
It is important to point out, however, that a violation of Sections
30.06 or 30.07 requires that a property owner who provided valid
notice actually press charges to prosecute the crime of criminal
trespass by a license holder. One question that is often asked is,
“what if I am forced to use my handgun to stop a crime from
happening in a place where a 30.06 or 30.07 sign was posted?”
One can only speculate what would happen, but if an LTC holder
saves the life of another person while violating Sections 30.06 or
30.07, a business owner may be hard-pressed to go forward with
charges against a hero.
Other defenses to prosecution under Sections 30.06 and 30.07
It is a defense to prosecution that the license holder is a first
responder who holds an unexpired certificate of completion under
Section 411.184 of the Texas Government Code and, at the time
of engaging in the applicable conduct, was engaged in the actual
discharge of the first responder’s duties while carrying the handgun
and was employed or supervised by a municipality or county to
which Chapter 179, Local Government Code, applies. See Tex.
Penal Code §§ 30.06 and 30.07.
274 | CHAPTER THIRTEEN
