Does Texas Penal Code 30.05 Apply to LTC Holders?

Texas Penal Code Section 30.05 does apply to License to Carry holders, but the statute contains a built-in shield that makes a standard “no firearms” sign largely toothless against them. Subsection (f) gives LTC holders a defense to prosecution when the handgun is concealed or in a holster. That defense is real, and it is narrower than most carriers think: it covers posted 30.05 signs only, not verbal orders to leave, and not the separate signs written specifically for licensed carriers under Sections 30.06 and 30.07.

What a 30.05 Firearms Sign Does

Section 30.05 is the general criminal trespass statute. It makes it an offense to enter or remain on someone else’s property without effective consent when notice against entry has been given.¹ Notice can be an oral statement, a fence, purple paint marks, or a posted sign.

A subsection added for firearms lets a property owner post a sign at each entrance stating that firearms are prohibited under Section 30.05. The primary audience for that sign is the permitless carry population. Someone who does not hold an LTC and enters while armed commits criminal trespass.²

The LTC Defense to Prosecution

Subsection (f) of Section 30.05 creates a defense to prosecution with two conditions. First, the reason entry was forbidden must be that the property banned handguns. Second, the person must have been carrying a valid LTC and a handgun that was either concealed or in a holster.¹

A defense to prosecution is not an exemption. You can still be arrested and charged. Once you raise the defense and show a valid LTC with a properly carried handgun, the charge does not stick. In practice, an officer or prosecutor who understands the statute will decline the case. The distinction is worth keeping in mind: the LTC does not make you invisible to Section 30.05; it gives you an escape hatch written into the law.

The holster requirement is easy to miss. An LTC holder who openly carries a handgun without a holster onto a property posting a 30.05 firearms sign loses the defense. Concealed or holstered — one or the other — is required for the protection to apply.

Oral Notice Overrides the Defense

Subsection (f) covers posted signs. It does not cover a verbal command from the owner or someone with authority. If you are personally told to leave, you must leave, license or not. The statute defines notice to include oral communication, and no defense to prosecution overrides that path.¹

Refusing to leave after being told escalates the offense to a Class A misdemeanor, carrying a fine of up to $4,000, up to a year in county jail, or both.³ Most trespass problems for LTC holders start here, not at the doorway.

The Signs That Actually Restrict LTC Holders

Sections 30.06 and 30.07 were written specifically to bind licensed carriers, and no defense to prosecution applies to either. Section 30.06 makes it an offense for an LTC holder to carry a concealed handgun on property posted with proper notice against concealed carry by license holders.⁴ Section 30.07 does the same for open carry.⁵ A property owner who wants to exclude both concealed and open carry by license holders must post both signs.

For a 30.06 or 30.07 sign to carry legal weight, it must meet strict formatting rules. The text must include the specific statutory language in English and Spanish, appear in contrasting colors with block letters at least one inch tall, and be displayed conspicuously and clearly visible to the public. A 30.07 sign must appear at each entrance.⁵ A handwritten “no guns” poster taped in a window is not legally effective notice.

Penalties Under 30.06 and 30.07

Walking past a properly posted 30.06 or 30.07 sign is a Class C misdemeanor with a maximum fine of $200. If you enter, receive oral notice to leave, and refuse, the offense becomes a Class A misdemeanor.⁴ That jump means potential jail time and a fine up to $4,000.³ The same escalation applies under 30.07.⁵ A Class A conviction also affects future LTC eligibility, since a Class A or Class B misdemeanor conviction within the previous five years disqualifies an applicant.⁶

Government Property Exception Under 30.06

Section 30.06 does not apply to government-owned or government-leased property unless carry is independently prohibited at that location under Section 46.03, which covers places like courthouses and schools.⁴ A government agency cannot lock out LTC holders by simply posting a 30.06 sign.

Places Where No Sign Is Needed and No LTC Helps

Certain locations are off-limits for firearms under Section 46.03 regardless of license or signage. The prohibition comes from state law directly. These include:

K-12 schools and school transportation vehicles. LTC holders may carry concealed on a public or private postsecondary campus only if the institution’s rules permit it.
Polling places during voting.
Government courts and offices used by a court, absent written court authorization.
Racetracks.
Secured areas of airports past the security checkpoint. The public terminal before security is treated differently.
Bars earning 51 percent or more of their revenue from on-premises alcohol sales.
High school, collegiate, professional, and interscholastic sporting events.
Correctional and civil commitment facilities.
Licensed hospital premises.⁷

Most offenses under Section 46.03 are third-degree felonies, not misdemeanors. An LTC provides no defense here, and prison time is on the table. Anyone carrying in Texas should know this list before worrying about which sign is which.

How the Signs Stack Together

The interaction between the three trespass sections and the flat prohibition list confuses even experienced carriers. In practical terms:

A 30.05 firearms sign alone: an LTC holder carrying concealed or in a holster has a defense to prosecution. A permitless carrier does not.
A 30.06 sign alone: an LTC holder cannot carry concealed on that property but could still carry openly.
A 30.07 sign alone: an LTC holder cannot carry openly on that property but could still carry concealed.
Both 30.06 and 30.07 signs: no handgun carry by an LTC holder, period.
A Section 46.03 location: nobody carries, license or no license, outside narrow exceptions like written court authorization.

An owner who wants to exclude all handgun carriers has to post three signs — one under 30.05 for permitless carriers, one under 30.06 for concealed LTC carry, and one under 30.07 for open LTC carry.² For an LTC holder, the practical rule is straightforward: a 30.05 firearms sign alone doesn’t stop you if you’re concealed or holstered, a 30.06 or 30.07 sign does, and a verbal order to leave always does.

1
State of Texas. Texas Penal Code 30.05 – Criminal Trespass
2
Texas State Law Library. Businesses and Private Property
3
State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
4
State of Texas. Texas Penal Code 30.06 – Trespass by License Holder With a Concealed Handgun
5
State of Texas. Texas Penal Code 30.07 – Trespass by License Holder With an Openly Carried Handgun
6
Texas Public Law. Texas Government Code 411.172 – Eligibility
7
State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited