SB501, effective 1 Sep, amended a couple of provisions in the Penal Code dealing with carrying concealed weapons.

PC 30.05 (criminal trespass) was amended, adding section 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 concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying."

This was intended to negate the effect of posting a 30.06 (no weapons) sign and making it N/A with respect to CHL holders.

If it is a "defense to prosecution" is it safe to assume most prosecutors would not prosecute?

MORE IMPORTANTLY,

PC 46.03 (a)(3) was amended by adding the words "on the premises of" and deleting the word "in", so that it now reads:

"(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm....(3) ON THE PREMISES OF (emphasis added) any government court or offices utilized by the court unless pursuant to written regulations or written authorization of the court;"

This is a distinct change in the law, which currently allows concealed carry with a permit inside a courthouse but not inside a courtroom, unless the courthouse is otherwise posted.

Note there is no requirement to post a notice that concealed carry is now prohibited anywhere inside the courthouse or any other building containing a court.

Is anyone talking about posting notices?

Mike

PC Sec. 30.06 is still available for prosecution of a concealed handgun carrier for trespassing. The defense in 30.05 only applies to 30.05.

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Originally posted by mike bartley:

PC 30.05 (criminal trespass) was amended, adding section 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 concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying."

This was intended to negate the effect of posting a 30.06 (no weapons) sign and making it N/A with respect to CHL holders.

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Actually, this was to prohibit governmental entities from skirting 30.06 by using 30.05 instead. It makes CT based on the "gunbusters" sign defensible under 30.05. 30.06 still applies, if the sign is legal according to 30.06 and is legally able to be posted at a location.

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MORE IMPORTANTLY,

PC 46.03 (a)(3) was amended by adding the words "on the premises of" and deleting the word "in", so that it now reads:

"(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm....(3) ON THE PREMISES OF (emphasis added) any government court or offices utilized by the court unless pursuant to written regulations or written authorization of the court;"

Note there is no requirement to post a notice that concealed carry is now prohibited anywhere inside the courthouse or any other building containing a court.

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Correct. CHL holders have several places that they are REQUIRED to *know* are restricted, such as a polling place on election day. Those places are NOT required to post notice under 30.06, but the section still applies. "Posting" is *only* required on those places that can elect to prohibit carry - it is NOT required for those places statutorially prohibited to begin with.

Mike

Thanks for the responses. My point was: after Sept 1, it will be a 3rd degree felony offense to carry a concealed weapon ANYWHERE in the courthouse or any other government building which houses a "court." My question was whether any of your counties are going to post a temporary notice (neither 30.06 or 30.05) to warn honest, law-abiding citizens of the change in the law. Our CJ has decided that we will.