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30.06 and 30.07 Signs, Where Can’t You Carry in Texas

Texas Gun Law:

There is no denying it. Gun law can be confusing.

Even those who consider themselves experts do as poorly on The Self Defense Gun Law Quiz as those who don’t. In fact, the average score is between 5 and 6 out of 10, regardless of the professed amount of legal knowledge.

It makes sense; gun law is tricky. The legal jargon can be almost impossible to wade through without having passed the Bar Exam.

I hope to shed light on Texas state laws regarding carrying a firearm into businesses that don’t allow it and the differences between a 30.06 sign and a 30.07 sign.

What could happen when owners of a business that prohibits guns discover you violated their policy?  This 22-year-old man recently found out after he accidentally shot himself in a Chuck E.Cheese’ss.

Hopefully, you won’t have a negligent discharge in a children’s restaurant. But there are other ways they may find out you have a firearm. Such as, if you were to grab something off the top shelf and your shirt comes up revealing your holstered pistol.

Signage:

Some establishments choose not to allow weapons onto their premises for a variety of factors. Whether you agree with these reasons or not, it is the choice of the business. After all, it is private property, and they have the right to say who is and is not allowed on their property.

Your constitutional right to “keep and bear arms” does not supersede their constitutional right to do as they wish with owned property.

If a business doesn’t allow weapons on their property, they must notify their customers with verbal and/or written notice. Both carry the same weight in court.

Business That Sell Alcohol:

Texas law requires certain businesses to post specific signs on the property.

According to the Texas Alcoholic Beverage Commission, if a business derives 51% of its revenue from the sale of alcoholic beverages for on-premises consumption, it must post a” “51” sign.

If a business derives any revenue from alcohol sales up to 50%, they must post this sign at every entrance:

Notice this sign says “Unlicensed.”

So, if you see this sign in a restaurant and have a concealed handgun license, don’t worry; you’re good to go.

Some businesses don’t have a choice, so keep that in mind and don’t be too hard on them.

30.06 Signs:

Signs banning guns are not a friendly suggestion. In Texas, they actually carry the weight of the law. However, to be enforceable,  the business must display the sign in a particular way.

The sign must:

  1. Say the following exactly, in both English and Spanish:

“Pursuant to Section 30.06, Penal Code (trespass by a license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.”

  1. Be posted on the property and be displayed conspicuously, clearly visible to the public. Business owners should post 30.07 signs at each entrance, but at this time is not a requirement of 30.06 signs.
  2. The signs must appear in contrasting colors with block letters at least one inch in height.

In other words, police cannot enforce the law where an owner posts a hand-written sign in the window with “NO GUN” scrawled across it.

Penal Code Section 30.06 Sign

For businesses that do not want to allow weapons on their property, this is the law.

Is the offense called “Trespass by License Holder with a Concealed Handgun”

What’s at stake when you violate a 30.06 Sign?

Ignoring a sign is at least a Class C misdemeanor, punishable by a fine of up to $200. However, depending on factors, a violation could be a Class A misdemeanor.

To better clarify the consequences of ignoring the signs, I’ll use the case of the man who shot himself in the Chuck E. Cheeses as an example:

If (under Texas law) the man possessed a firearm in an establishment that displayed a written notice banning guns, he faces a Class C misdemeanor.

If, however, he was approached by Chuck E.Cheese’ss staff and asked to leave because he was carrying a pistol and did not, he could face a Class A misdemeanor offense (on top of the gunshot wound to his leg.)

Class A misdemeanors are substantially more severe.

The offense carries a punishment of up to a year in county jail and a fine of up to $4,000. That slice of greasy cheese pizza isn’t worth it in my book.

Some people don’t understand the difference between Section 30.06 and Section 30.07. But hang in there; this is an easy one to sort out.

30.07 Signage:

Section 30.07 or “Trespass by License Holder with an Openly Carried Handgun” is essentially the same as Section 30.06.

Except, code 30.07 specifies open carry, while 30.06 specifies concealed carry. Everything else is essentially the same.

You can carry concealed in a 30.07 labeled establishment, but you cannot open carry. If the business wants to prohibit both open and concealed carry, the business should display both signs.

Some businesses may feel customers will be afraid of open carry but don’t mind having licensed concealed carriers on their property.

You might notice that the 30.07 sign says the following:

“A person licensed under subchapter H Chapter 411, Government Code (Handgun Licensing Law), may not enter this property with a handgun openly carried.”

This section clarifies that even if a person has a Concealed Handgun License, they are still not allowed to open carry on a property with a posted 30.07 sign.

Parting Shots:

Whether or not we agree with a business’s choice to prohibit concealed carry, they have that right. Furthermore, please understand that you could face legal trouble if you ignore the signs.

If you strongly feel you should be allowed to carry inside every business, vote with your wallet. Read here for a list of businesses that are not 2nd Amendment friendly.

Disclaimer:

I am not a lawyer. This article is my interpretation of the laws as I read them and my research of legal opinions on the topic.

If you have a legal background or a greater understanding of the law than I do, leave a comment and tell me what you think I got wrong.

What is your opinion on businesses that are not 2nd Amendment friendly? Let me know in the comments below.

Resources consulted:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm

https://www.tabc.state.tx.us/laws/sign_requirements.asp

Additional Resources:

Our Legal Boundaries by State Book is a fantastic resource for understanding complex and changing gun laws across different states. It is way more than a reciprocity map. The book is available in hard copy or digital download and contains essential gun laws for every state and D.C.

texas gun laws

Does the state you’re traveling to have a duty to notify, the duty to retreat, or magazine capacity limitation laws? These are just some of the valuable information inside the book. Also included is information on how to travel on a plane with a gun and federal law related to crossing state lines with firearms.

And, because we know gun law changes rapidly, we regularly update the physical book and release new editions. The digital copy is updated whenever a change in law goes into effect. If you purchase the physical copy, you automatically receive lifetime access to the digital download.

Learn more about the Legal Boundaries by State Book – by clicking HERE

-This post has been updated and was originally published in 2019

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31 Responses to 30.06 and 30.07 Signs, Where Can’t You Carry in Texas

  1. Wayne Ehlert February 1, 2019 at 8:26 pm #

    Could not download the hand book for some reason.
    Would like to have it
    Thanks

  2. Larry Gleba February 2, 2019 at 9:19 am #

    LEOSA and these the 30.06 and 30.07 signs?

    • Bill October 23, 2020 at 9:32 pm #

      Larry, HR218 (LEOSA), specifically addresses your question. ” Additionally, HR-218 does not supersede the laws of any state that restrict firearm possession in certain places (18 USC §926C(b)), or other state laws that are not in direct conflict with LEOSA (as stated in 18 USC §927)”.

      Consequently the individual State, i.e., Texas in this case, or any other state may impose limitations through it’s Penal Code. Active Duty (Texas), law enforcement personnel are covered separately under other provisions of the Texas Penal Code. Franky, as a retired LEO I would Never rely on LEOSA for “protection”. The majority of states Departments of Justice/Attorney Genral apply their own interpretation of LEOSA due it being so poorly constructed and written. Not to mention a LOT of states are just flat ignorant when it comes to the application of LEOSA. And, even if the States AG is in the know, the vast majority of local PD’s and S.O’s are clueless when it comes to LEOSA provisions.

  3. JC Findley February 2, 2019 at 11:38 am #

    Incorrect.

    A 30.07 prohibits open carry and a 30.06 prohibits concealed carry. The signs are mutually exclusive and a 30.06 does NOT prohibit you from open carrying a pistol in and of itself. In order to prohibit ALL guns both signs must be present. Now, I have yet to see a business with a 30.06 sign and no 30.07 sign next to it but per the law 30.06 signs do NOT prohibit openly carried firearms.

  4. Russell Jones February 2, 2019 at 11:48 am #

    Hi!

    I think a few clarifications need to be made in this article so that visitors aren’t confused when they read it. I think it’s important for the facts to be made clear and concise given how important this information is.

    – The 51% sign is required when the business derives 51% or more of it’s revenue from ON-PREMISES drinking, not just alcohol sales in general.

    – Not all 30.06/30.07 signage is a class C, some jumps straight to a class A misdemeanor for carrying past them, it depends on if the type of business is listed under 46.035.

    – 30.07 signage must be posted at all entrances to be valid. 30.06 does not have this requirement (currently).

    – Class A misdemeanor charges absolutely WILL result in your license being suspended, and if you are convicted, revoked. This information in the article is patently false:

    “The good news is you won’t lose your concealed handgun license if the Class A misdemeanor is your only offense. Although the legal headache you’ll have to deal with might make you wish you never carried at all.”

    You are ineligible for a license for five years after a conviction for a Class A or Class B misdemeanor.

    Hope that this clarification helps and will be used to amend the article!

    Russell Jones
    [link removed due to community policy violation]

    • Brian McLaughlin March 18, 2019 at 2:33 pm #

      Agreed! Thank you for that valuable input Russell. I have updated the article accordingly.

    • Richard Still March 18, 2021 at 9:03 pm #

      Going to an establishment that sells alcohol and tobacco which is 51% + of their revenue but don’t have any signs is it illegal to enter with a concealed weapon?

  5. Thomas Sherman February 3, 2019 at 6:04 pm #

    What happens under a 30.06 situation where you are caught carrying & you apologize, & say, “would you like me to carry my gun to my car & put it up?”

  6. Neldon in Texas February 4, 2019 at 1:03 pm #

    Brian:

    I too am neither a lawyer nor a LEO, however I believe your interpretation of Texas’ 30.06 and 30.07 statutes is incorrect.

    I do not know how a 30.06 trespass has been interpreted by Texas courts, but 30.06 addresses only concealed carry and 30.07 addresses only open carry. It is my interpretation that both signs must be properly displayed to legally prohibit both forms of carry.

    The stautes can be found in Texas government code 411, chapter 9, Penal Codes 30.06 & 30.07.

    PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
    Last amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 8, eff. Sept. 1, 2017.

    PC §30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN.
    Last amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 9, eff. Sept. 1, 2017.

    Neldon

  7. sean spangler April 27, 2019 at 9:57 pm #

    Clarification on where the signs should be posted is it inside the establishment or outside so it can be seen before you enter the building?

  8. KRS July 15, 2019 at 12:50 pm #

    30.06 ONLY applies to concealed carry. You can still OPEN carry in those places, but if asked, you must leave immediately.

    30.07 ONLY applies to open carry. You can still concealed carry.

    Your statement about 30.06 covering both is WRONG. It has been outlined by both the AG and the DPS that 30.06 is only for concealed carry.

  9. Arch August 13, 2019 at 11:32 am #

    Then WHY is MY Constitutional Right to do as I wish, with my own property…..in my own home (ie: My guns), being subjected to ILLEGAL and Unconstitutional CONFISCATION WITHOUT DUE PROCESS and ABILITY TO MEET MY ACCUSER (Red FLag Laws)?

  10. Arch August 13, 2019 at 11:42 am #

    If the VP was such a VIP and we called him an SOB, then the SGT would call the MPs and the CO would have us all on KP on the QT!!!! That is what these laws sound like to me!

  11. Chris Haskall August 18, 2019 at 10:40 am #

    Does a business or public university have to go through an application process to be allowed to display the 30.06 and 30.07 signs or can anyone simply buy a sign and display it?

    • Richard Simpson October 14, 2020 at 3:15 pm #

      Buy a sign and display. Anyone can and is required to display to ban either. However the laws about school, college and universities is different and falls into the category of learning institutions.

  12. David Lynch August 31, 2019 at 8:51 am #

    What if I don’t see the sign? Am I supposed to get up and look crazy walking around with my gun on me to check for the sign?

    • Alex December 30, 2019 at 5:47 pm #

      @ David Lynch – this is a fascinating question. Does anyone know?

      • Jacob Paulsen January 1, 2020 at 10:37 am #

        Signs are meant to be displayed somewhere a reasonable person would find and see them. If they are not posted where a reasonable person would see them they are likely not enforceable.

      • CJ Olsen July 1, 2020 at 7:50 pm #

        You would conceal carry as long as you had your LTC until you saw a sign. I’ve known some businesses that put them up in the back. Hard to find. Hope this helps.

    • Richard Simpson October 14, 2020 at 3:26 pm #

      Ok so obviously a sign posted on the back wall and not clearly visible from the entrance to the store or property. Is not reasonable. It needs to be reasonably visible upon entering the property or building. If you were arrested for commiting a crime before you were able to see a warning sign. Warning you about said crime (In this case) . That would be considered entrapment. Keep in mind. That weather signs are posted or not. The owners or someone acting on behalf of the owner can ask you to leave at any time and for any or no reason. I suggest you do as they wish.

  13. Brandon Carter December 31, 2019 at 9:25 am #

    So, what about parking lots. I’ve seen at malls, at the entrance a 30.06 and 30.07 posted? How does that work? I think I know the answer to this next question. Do the red circle with a line through it over a gun have any legal meaning?

    • CJ Olsen July 1, 2020 at 7:51 pm #

      If both signs are displayed then you can’t carry at all.

    • Rev. Geary T Jones Sr. March 21, 2021 at 3:03 pm #

      They can’t tell you anything if you leave it in your vehicle. Your vehicle is a extension too your home. And you don’t have too have a license too carry too have your firearm in your vehicle.

  14. Dennis Ludwig January 29, 2020 at 11:02 am #

    Question:
    Do 30.06 and 30.07 pertain to an individual, such as a private investigator, or a security officer, in the performance of his job?

  15. Dominick Underhill April 27, 2020 at 12:13 am #

    Following laws that jeopardize your safety 30.07 and 30.06 i was there at the Umpqua community collage shooting. Tho,s people died because responsible gun owners were afraid of getting a ticket and thrown in prison for protecting others. Now i regret every day not bringing my gun i could of saved so many lives. I would of took that risk if i knew what i know now. Police are important but they mite arrest the guy after he kills you or your love ones. arm yourselves.

  16. Brandon Carter July 7, 2020 at 5:28 pm #

    What about driveway entrances? Can a business have a 30.06 or 30.07 posted at the driveway? How does that work?

    • DG Trevino May 29, 2021 at 11:47 pm #

      You can’t enter past the front doors when both 30.06 and 30.07 are posted. That a felony. Best reference where you will see both is at any public elementary, jr or high school parking lots right and before the entrance doors. An LTC gets you in the parking lot, but, not inside. Thisnwas the only question I missed on the written test and re-read the codes to clarify the distinctions.

  17. David June 18, 2021 at 10:56 am #

    30.06 and 30.07 specifically refer to a license holder. Literal interpretation suggests that after constitutional carry becomes law this September, a non-licensed gun carrier would not commit an offense if they enter a business properly displaying the signs. The constitutional carry bill doesn’t seem to address this gap. Will 30.06 and 30.07 be amended this September?

  18. Jerry Walker Jr July 2, 2021 at 1:27 pm #

    can someone just copy and print one of these signs

  19. Kyle Hagner August 28, 2021 at 10:25 am #

    I have a question, what if the establishment has all three signs posted. 1 says you can open or conceal as long as you have a permit. 1 says only conceal carry. One says no open carry. Wich one takes precedence?

  20. Joseph N. September 8, 2021 at 5:47 pm #

    Under constitutional carry it appears a new standard has been created regarding signage.

    30.05 is now interpreted, for the purposes of carrying any unlicensed firearm, to now give force of law to any generic no-gun sign but creates the following scenarios.

    A person without a license is entitled to ignore 30.06 and 30.07 signs UNLESS the sign has additional language such as a 30.07 sign that says OPEN CARRY FORBIDDEN, then it also bars unlicensed open carry but seemingly not unlicensed concealed carry, but a 30.06 or 30.07 sign that additionally says NO FIREARMS and maybe even NO WEAPONS would now completely bar carrying of firearms even long guns and maybe even knives too if a prosecutor wants to be adventurous.

    It should be noted that 30.05’s exception for license holders only applies solely to the act of carrying a handgun meaning a theoretically even if you have an LTC, if you walk past a NO WEAPONS sign you can be arrested for possessing a knife if, again, the prosecutor wants to be especially adventurous.

    Now as a closing note, I believe that the old TABC blue signs do not qualify under 30.05 as a prohibition on carrying a gun as it merely states the penalty of a now defunct law and doesn’t directly say firearms are prohibited.

    Now all this is in the air how far they will take 30.05 which will inevitably end in some court of appeals decisions to establish the exact limitations of generic signs under 30.05 but we shall see.

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