Texas-Book-Gun Law Armed And Educated - Flipbook - Page 286
There is also a defense specific to violating Sections 30.06 and 30.07
at a hotel. It is a defense to prosecution if the license holder is a guest
of the hotel and the license holder: carries or stores a handgun in the
license holder’s hotel room; carries a handgun directly en route to or
from the hotel or the license holder’s hotel room; carries a handgun
directly en route to or from the license holder’s vehicle located on
the hotel property, including a vehicle in a parking area provided for
hotel guests; or carries or stores a handgun in the license holder’s
vehicle located on the hotel property, including a vehicle in a parking
area provided for hotel guests. See Tex. Penal Code §§ 30.06 and
30.07.
Are there property owners who cannot lawfully post a 30.06 or
30.07 sign?
Yes. According to Texas Penal Code Sections 30.06(e) and 30.07(e),
buildings and other properties owned or leased by a governmental
entity may not lawfully post a 30.06 or 30.07 sign, unless firearm
possession on the property is otherwise prohibited by law. A handgun
license holder may legally carry their handgun on property owned or
leased by a governmental entity even if the government has attempted
to post a 30.06 or 30.07 sign that is otherwise compliant with the law.
An LTC holder should always be aware if the property is a place
where a license holder is prohibited from carrying a handgun under
Texas Penal Code Section 46.03. The Texas Legislature originally
enacted subsection (e) to Texas Penal Code Section 30.06 in response
to many cities, counties, and other governmental entities that were
using the 30.06 law to prohibit LTC holders from carrying on
government property where the Legislature passively allowed it by
not specifically preventing it, such as public libraries, civic centers,
and city halls. This prohibition on governments posting signs was
later included in Texas Penal Code Section 30.07 as well.
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