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TrueFlog wrote:So this begs an interesting question - is there any sign that carries legal weight that would prevent an individual from carrying under the MPA? (And I mean one that's specific to firearms, not a general no trespassing sign.) For example, suppose I own several acres in rural Texas and my house sits well off the road such that my driveway is a few hundred yards long. Is there any sign I could post at the entrance to the driveway to prohibit someone from having a gun in their car as they drive up to my house?

And, if they are trespassing with a weapon, then the charge goes from a Class C misdemeanor to a Class A.

Abraham wrote:Keith,

Are you saying when in your vehicle MPA takes precedent or in some manner supercedes a CHL?

That is the consensus. Due to the fact you don't need a license to carry in your car, then it would take precedence over licensed carry.

baldeagle wrote:
Jumping Frog wrote:
baldeagle wrote:Your entire body doesn't intrude on the property owner's property until you exit your vehicle. Therefore the property owner cannot prohibit you from carrying in your car onto his property and then locking the weapon in the car before exiting the vehicle.
Nope, don't buy your argument.

The body is still on the property whether it is in a vehicle or not.

Dangerous to provide someone that advice and have them rely upon it to their possible detriment.
Obviously I disagree. When you are in your vehicle, you are on your property, regardless of where the vehicle is. Once you step out of the vehicle, you are on the property owner's property. If that were not true, then was was entry so clearly defined in the law? "Entry means the intrusion of the entire body." Not part of it. Not most of it.

Maybe Charles could comment?

You can be arrested for trespass in a vehicle. You don't have to exit the vehicle. Where I believe the argument on being able to bypass the 30.06 sign with a gun in your car is that 30.06 does not apply to MPA and you would not be carrying under the authority of your CHL until you exit your car. 30.05 would still apply to you for criminal trespass, even in your vehicle, if the location was posted with a general no trespass sign or you refused to leave when requested since your CHL would not be applicable to carrying at that time, MPA would.

A 30.06 sign on private property IS valid as section 30.06 refers to PROPERTY and not premises

§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice
if the owner of the property or someone with apparent authority to
act for the owner provides notice to the person by oral or written
communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) "License holder" has the meaning assigned by
Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by holder of license to carry a concealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (concealed handgun law), may not enter this
property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.

Added by Acts 1997, 75th Leg., ch. 1261, § 23, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.24, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, § 2, eff. Sept. 1,
2003.

Now, it is believed that you may be able to carry in your vehicle under MPA as long as you don't remove the gun from the vehicle as 30.06 doesn't apply. Also, the Parking Lot Exemption allows you to keep a handgun in your car on your employers parking lot, even if it is posted 30.06.

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