Quote History Quoted:I don't know who Gifford's is, but he is generally wrong. Secured areas of airports are the only proscribed location that offers a defense if you agree to and do leave immediately.
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I've been thinking about the defenses that affect LTC's in certain scenarios and went back and looked at TX Penal Code reference to 30.06. The last entry in this section is as follows:
(g) It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property.
I saw the airport reference you mention, but this is apart from that. Not trying to be argumentative...just trying to wade through the clear-as-mud sections that pertain to lawful and unlawful carry.
Am I looking at this correctly or taking it out of context. Poring over the main section about weapons and carrying under 42 and looking at 30.06's section, it looks like there is a defense in some other cases when the LTC person is notified after the fact...but maybe not.
I also found this under the site "Concealed Carry-ED:
Penal Code §30.06 and §30.07: Criminal Trespass
Texas Penal Code §30.06 and §30.07 cover trespassing by an LTC holder with a concealed or openly carried handgun.
According to these sections, it is an offense if you carry a concealed or open-carry handgun under the authority of Subchapter H, Chapter 411, Government Code (have a valid LTC), on another person’s property if:
You do not have that person’s consent and/or…
You have received oral or written notice from the property owner or someone acting on behalf of the property owner that entering the property with a concealed or open-carry handgun is forbidden for a person who has an LTC.
A written notice must be cards, signs, or other documents that include the exact language shown on the examples below.
If signs are posted, the property owner must have:
A §30.06 sign to prohibit an LTC holder with a concealed handgun from entering the property and…
A §30.07 sign to prohibit an LTC holder with an openly carried handgun from entering the property.
Any sign must be:
Written in both English and Spanish and…
Printed in BLOCK letters at least one-inch-high such that the color of the letters contrasts with the background and…
Displayed in a conspicuous manner clearly visible to the public.
Instead of meeting the above requirements exactly, a property may also be posted with a sign that is sufficiently compliant to be deemed to have given effective notice.
It is a defense to prosecution under Sections 30.06 and 30.07 if you have a valid LTC and:
You received oral notice and promptly departed from the property or...
You are the owner, the tenant, or a guest of an owner or tenant on rental property and you carry, store, or possess a handgun on the property.
This includes the parking area provided for tenants and their guests.
Landlords are prohibited from restricting tenants and their guests from possessing firearms and ammunition unless possession on a landlord’s property is prohibited by state or federal law.
Sections 30.06 and 30.07 do not apply to property owned or leased by a governmental entity that is not a premises or other place where the LTC holder is prohibited from carrying a handgun under Penal Code §46.03 or §46.035.
Again, just trying to wade through this stuff.