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by Keith B
Tue Dec 26, 2017 8:36 am
Forum: General Texas CHL Discussion
Topic: Gun Buster Signs
Replies: 54
Views: 18563

Re: Gun Buster Signs

We need to remember that 30.05 DOES apply to LTC holders. The only exemption you get as an LTC is if they are saying you can't enter because of the handgun (which the gunbuster sign implies)
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden;  and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code,  [FN1] to carry a handgun;  and
(B) a handgun:
(i) in a concealed manner;  or
(ii) in a shoulder or belt holster.
and it is only a defense to prosecution, not that the section does not apply as it does to active peace officers:
(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden;  and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure , regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
So, the potential of a ride still exists if the officer believes there is probable cause for the arrest.

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