OK, I was under the impression in the example given, that the person received oral notice BEFORE he entered, and that RPB was saying you could only be prosecuted IF you entered and refused to leave. My misunderstanding.boomerang wrote:Yes, if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral communication, or by written communication that meets certain requirements, before the person enters the property.G26ster wrote:You seem to be changing the "or" in § 30.06(a)(2)(A) to an "and". You can be prosecuted whether or not you refuse to leave. Simply receiving notice that the handgun was forbidden is enough according to the statute.
If the person receives "notice" after entry, and they depart after receiving notice, I don't think they commit an offense.
In practice, if they're gone before the police arrive, successful prosecution seems unlikely. Of course, in practice, concealed means concealed.
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Return to “"Possession of Unauthorized Firearms"”
- Tue May 25, 2010 11:00 pm
- Forum: General Texas CHL Discussion
- Topic: "Possession of Unauthorized Firearms"
- Replies: 43
- Views: 9795
Re: "Possession of Unauthorized Firearms"
- Tue May 25, 2010 12:11 pm
- Forum: General Texas CHL Discussion
- Topic: "Possession of Unauthorized Firearms"
- Replies: 43
- Views: 9795
Re: "Possession of Unauthorized Firearms"
You seem to be changing the "or" in § 30.06(a)(2)(A) to an "and". You can be prosecuted whether or not you refuse to leave. Simply receiving notice that the handgun was forbidden is enough according to the statute.RPB wrote:
He'd be more successful trying to prosecute under 30.06 IF he verbally told you to leave and you refused.
If you left, then he would have a problem later tying to prosecute for an offense that didn't occur.
§ 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.