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 includes a built-in shield for them. Subsection (f) creates a defense to prosecution when the person carrying has a valid LTC and keeps the handgun concealed or in a holster. In plain terms: an LTC holder can still be charged under 30.05 for walking past a posted “no firearms” sign, but the charge should not survive once the defense is raised. That protection is narrower than most carriers assume, and it does nothing against several other rules that trip people up far more often.

How the 30.05 Defense Works for LTC Holders

Section 30.05 is the general criminal trespass statute. It makes it an offense to enter or stay on someone’s property without consent after receiving notice that entry is forbidden, and that notice can take the form of a direct statement, fencing, posted signs, or purple paint marks.¹ A specific subsection lets a property owner post a sign at each entrance announcing that firearms are prohibited under 30.05. That sign is aimed primarily at permitless carriers.²

Subsection (f) then gives LTC holders a defense to prosecution when two things are true: the only reason entry was forbidden was a handgun prohibition, and the licensed carrier had the handgun concealed or in a holster.¹

A defense to prosecution is not an exemption. You can still be arrested and charged. The protection kicks in once you raise the defense and show you held a valid LTC and carried the handgun properly. A knowledgeable officer or prosecutor will usually recognize the defense and decline to pursue the case, but the distinction matters if you ever find yourself explaining it in a report or a courtroom.

The holster requirement is easy to miss. If you openly carry a handgun without a holster onto property that has posted a 30.05 firearms sign, the defense does not apply. Concealed, or in a holster — those are the two conditions.¹

Oral Notice Overrides the Defense

Section 30.05(f) protects you from the posted sign. It does not protect you from being told to leave. The statute’s definition of notice includes oral communication from the owner or someone acting on their behalf, and no defense to prosecution overrides a direct instruction to go.¹

This is where most LTC holders get into real trouble. Not from walking past a sign, but from refusing to leave when a manager, security guard, or owner tells them to. Staying after an oral order escalates the matter to a Class A misdemeanor, which carries up to a $4,000 fine, up to a year in county jail, or both.³ If you’re asked to leave, leave. Argue later.

Section 30.05 Signs Are Not the Signs That Target You

Two other statutes exist specifically to restrict licensed carriers, and the 30.05 defense has nothing to do with either one.

Section 30.06 makes it an offense for an LTC holder to carry a concealed handgun on property where the owner has given proper notice banning concealed carry by license holders.⁴ Section 30.07 does the same for open carry.⁵ A business that wants to exclude both concealed and open LTC carry has to post both.

For a 30.06 or 30.07 sign to carry legal weight, it has to meet strict formatting rules:

Specific statutory language referencing Section 30.06 or 30.07, in both English and Spanish
Contrasting colors with block letters at least one inch tall
Conspicuous placement visible to the public, and at each entrance in the case of 30.07⁵

A handwritten “no guns” poster taped inside a window is not effective notice under 30.06 or 30.07. A sign missing the required Spanish text, or printed in letters under an inch tall, is likewise defective.

A violation of a properly posted 30.06 or 30.07 sign is a Class C misdemeanor with a maximum $200 fine. If you then receive oral notice to leave and refuse, the offense jumps to a Class A misdemeanor, with the same potential year in jail and $4,000 fine that attaches under 30.05.⁴³

Section 30.06 also carves out government property. An LTC holder cannot be charged under 30.06 for carrying on government-owned or government-leased property unless carry at that location is independently prohibited under Section 46.03.⁴

Places Where No Sign Matters at All

A separate statute, Section 46.03, lists locations where carry is banned outright. No sign is required because the prohibition comes directly from state law, and an LTC provides no defense. Prohibited locations include K-12 schools and school transportation, polling places during elections and early voting, courtrooms and court offices without written authorization, racetracks, the secured area of airports past the checkpoint, businesses that derive 51 percent or more of their revenue from on-premises alcohol sales, high school, collegiate, and professional sporting events, correctional and civil commitment facilities, and licensed hospitals.⁶

Carry on the grounds of a public or private postsecondary institution is allowed for LTC holders only to the extent the school’s rules permit it.⁶

These are not misdemeanors. Most Section 46.03 violations are third-degree felonies with prison exposure. This is the list to memorize before worrying about any sign.

Reading the Signs in Practice

Putting the pieces together for an LTC holder walking up to a storefront:

A 30.05 firearms sign alone: you have a defense to prosecution as long as the handgun is concealed or in a holster.
A 30.06 sign: you cannot carry concealed on the property. Open carry remains lawful unless a 30.07 sign is also posted.
A 30.07 sign: you cannot carry openly. Concealed carry remains lawful unless a 30.06 sign is also posted.
Both 30.06 and 30.07 signs: no handgun carry on the property under any mode.
A Section 46.03 location: no carry, no exception beyond narrow circumstances such as written court authorization.
Oral notice to leave, anywhere: leave.

One final consequence worth keeping in mind. A conviction for a Class A misdemeanor within the five years before you apply or renew will disqualify you for an LTC.⁷ A 30.06 or 30.07 incident that escalates to a Class A charge because you refused to leave is not just a bad afternoon. It can cost you the license for five years.

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
State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited
7
Texas Public Law. Texas Government Code 411.172 – Eligibility