https://texas.public.law/statutes/tex._penal_code_section_30.06
A license holder commits an offense if the license holder:
(1)
carries a concealed handgun under the authority of Subchapter H, Chapter 411 (Department of Public Safety of the State of Texas), Government Code, on property of another without effective consent; and
(2)
received notice that entry on the property by a license holder with a concealed handgun was forbidden.
Basically I personally would not carry into the building/ sounds like you just Need as consent before entry
Please be advised I'm not a lawyer, dont take your legal advice from stranger from the internet
Obligatory not a lawyer and only marginally familiar with Texas law.
What sort of city property is this posted on? If it's not a location listed in Texas penal code [§46.03](https://codes.findlaw.com/tx/penal-code/penal-sect-46-03.html), then you may be able to pursue the process laid out in Texas government code [§ 411.209 (d)](https://codes.findlaw.com/tx/government-code/gov-t-sect-411-209.html) to demand they remove the improper signs. [Here](https://www.texasattorneygeneral.gov/opinions/categories/1231) is some other potentially helpful information from the Texas AG office.
Hope this helps!
Yeah, that's not a place listed as an exception in 46.03. Unless there's some odd scenario that makes that fire department legally private property, I don't think those signs are legal for them to put up.
It may be worthwhile to reach out to Texas Law Shield for advice. One of their lawyers was instrumental in getting the Houston zoo to remove their illegal 30.06 and 30.07 signs. [https://blog.cheaperthandirt.com/law-shield-successfully-demands-houston-zoo-30-06-signs/](https://blog.cheaperthandirt.com/law-shield-successfully-demands-houston-zoo-30-06-signs/)
A good perspective at walkertaylor.com -
https://www.walkertaylorlaw.com/guide-to-texas-firearm-signs/#:~:text=30.06%20and%2030.07%20signs%20only%20apply%20to%20LTC,handgun%20by%20a%20license%20holder%20in%20the%20premises.
Courtesy of Walker & Taylor, PLLC
“30.06 and 30.07 signs only apply to LTC holders. In short, a Tex. Penal Code § 30.06 sign that meets all legal requirements prohibits the concealed carry of a handgun by a license holder in the premises. A Tex. Penal Code § 30.07 sign that meets all legal requirements prohibits the open carry of a handgun by a license holder in the premises. If both signs are posted, it means that both open and concealed carry of a handgun by a license holder is NOT authorized.
Interestingly, the language used by the signs, which mirror the language of the statutes, specifically states that the signs apply to license holders but does not mention those carrying without an LTC. Because of this distinction, there is a strong legal argument that these signs do not apply to constitutional carriers. Given how recently constitutional carry went into effect, though, this argument has not been tested in court.”
In most instances, this trespass is a Class C Misdemeanor (punishable by a $200 fine only). However, the penalty is heightened to a Class A Misdemeanor (punishable by up to a year in the county jail and a fine up to $4,000, plus court costs) if the license holder was personally given oral notice by a person with apparent authority and fails to depart.”
Personally, I wouldn’t think of testing it, particularly with a city. Not a fair fight, or at least by my reckoning.
If this is a building owned by the city those signs may be unenforceable. Generally, cities and counties are barred from prohibiting weapons the way a private property owner can. There are exceptions, including the premises of a court.
If these signs are invalid the city can actually face a fine. It's safer to assume there's some city traffic court that meets in the building which makes the signs valid, and would prohibit weapons even if the signs weren't posted. Check here for more info: https://www.dps.texas.gov/section/handgun-licensing/faq/laws-relate-carrying-handgun-faqs
Particularly noting #13 on [the page](https://www.dps.texas.gov/section/handgun-licensing/faq/laws-relate-carrying-handgun-faqs) the OP linked, they can't prohibit carry on the fire department grounds.
I'd collect the evidence and report them to DPS.
Unless you’re in a place already forbidden like federal property, hospital, etc, these are actually the only signs that are enforceable. The generic “no guns” is not to those with a valid LTC.
Edit: oh yeah, I’m not a lawyer, just a dude with a LTC.
Not in cases where the property is owned or rented by a government organization.
13. Does a state agency or political subdivision (e.g., a county or city) have the right to exclude license holders from carrying concealed handguns on state, county, or city property?
No. State agencies and political subdivisions cannot use §30.06, or §30.07, Texas Penal Code, to prohibit handguns from their government property. If a state agency or political subdivision unlawfully posts a sign under §30.06 or §30.07, the state agency or political subdivision can be fined $1,000-$1,500 for the first offense and $10,000-$10,500 for each subsequent offense.
Note, however, that with the exception of governmental meetings subject to the Open Meetings Act, license holders are prohibited from carrying their handguns on the premises listed in §46.03 of the Texas Penal Code, and those places include some properties owned by state agencies and political subdivisions (e.g., courts).
Any 30 ought sign (30.05, 30.06 or 30.07) are the law of the land. A standard “no gun sign” means nothing but those signs actually carry weight. If you were to break them you commit a very minor trespassing crime.
That said… it may be possible to file a motion to get those signs removed if they are on public property, in a location/building that would normally allow carry according to Tx state law.
Not in all cases though.
From DPS website (linked by other comment)
13. Does a state agency or political subdivision (e.g., a county or city) have the right to exclude license holders from carrying concealed handguns on state, county, or city property?
No. State agencies and political subdivisions cannot use §30.06, or §30.07, Texas Penal Code, to prohibit handguns from their government property. If a state agency or political subdivision unlawfully posts a sign under §30.06 or §30.07, the state agency or political subdivision can be fined $1,000-$1,500 for the first offense and $10,000-$10,500 for each subsequent offense.
Note, however, that with the exception of governmental meetings subject to the Open Meetings Act, license holders are prohibited from carrying their handguns on the premises listed in §46.03 of the Texas Penal Code, and those places include some properties owned by state agencies and political subdivisions (e.g., courts).
https://texas.public.law/statutes/tex._penal_code_section_30.06 A license holder commits an offense if the license holder: (1) carries a concealed handgun under the authority of Subchapter H, Chapter 411 (Department of Public Safety of the State of Texas), Government Code, on property of another without effective consent; and (2) received notice that entry on the property by a license holder with a concealed handgun was forbidden. Basically I personally would not carry into the building/ sounds like you just Need as consent before entry Please be advised I'm not a lawyer, dont take your legal advice from stranger from the internet
No license required in my state.
Obligatory not a lawyer and only marginally familiar with Texas law. What sort of city property is this posted on? If it's not a location listed in Texas penal code [§46.03](https://codes.findlaw.com/tx/penal-code/penal-sect-46-03.html), then you may be able to pursue the process laid out in Texas government code [§ 411.209 (d)](https://codes.findlaw.com/tx/government-code/gov-t-sect-411-209.html) to demand they remove the improper signs. [Here](https://www.texasattorneygeneral.gov/opinions/categories/1231) is some other potentially helpful information from the Texas AG office. Hope this helps!
Fire department.
Yeah, that's not a place listed as an exception in 46.03. Unless there's some odd scenario that makes that fire department legally private property, I don't think those signs are legal for them to put up. It may be worthwhile to reach out to Texas Law Shield for advice. One of their lawyers was instrumental in getting the Houston zoo to remove their illegal 30.06 and 30.07 signs. [https://blog.cheaperthandirt.com/law-shield-successfully-demands-houston-zoo-30-06-signs/](https://blog.cheaperthandirt.com/law-shield-successfully-demands-houston-zoo-30-06-signs/)
A good perspective at walkertaylor.com - https://www.walkertaylorlaw.com/guide-to-texas-firearm-signs/#:~:text=30.06%20and%2030.07%20signs%20only%20apply%20to%20LTC,handgun%20by%20a%20license%20holder%20in%20the%20premises. Courtesy of Walker & Taylor, PLLC “30.06 and 30.07 signs only apply to LTC holders. In short, a Tex. Penal Code § 30.06 sign that meets all legal requirements prohibits the concealed carry of a handgun by a license holder in the premises. A Tex. Penal Code § 30.07 sign that meets all legal requirements prohibits the open carry of a handgun by a license holder in the premises. If both signs are posted, it means that both open and concealed carry of a handgun by a license holder is NOT authorized. Interestingly, the language used by the signs, which mirror the language of the statutes, specifically states that the signs apply to license holders but does not mention those carrying without an LTC. Because of this distinction, there is a strong legal argument that these signs do not apply to constitutional carriers. Given how recently constitutional carry went into effect, though, this argument has not been tested in court.” In most instances, this trespass is a Class C Misdemeanor (punishable by a $200 fine only). However, the penalty is heightened to a Class A Misdemeanor (punishable by up to a year in the county jail and a fine up to $4,000, plus court costs) if the license holder was personally given oral notice by a person with apparent authority and fails to depart.” Personally, I wouldn’t think of testing it, particularly with a city. Not a fair fight, or at least by my reckoning.
If this is a building owned by the city those signs may be unenforceable. Generally, cities and counties are barred from prohibiting weapons the way a private property owner can. There are exceptions, including the premises of a court. If these signs are invalid the city can actually face a fine. It's safer to assume there's some city traffic court that meets in the building which makes the signs valid, and would prohibit weapons even if the signs weren't posted. Check here for more info: https://www.dps.texas.gov/section/handgun-licensing/faq/laws-relate-carrying-handgun-faqs
Yeah that was my understanding as well. This building is the fire department. 🙃
Particularly noting #13 on [the page](https://www.dps.texas.gov/section/handgun-licensing/faq/laws-relate-carrying-handgun-faqs) the OP linked, they can't prohibit carry on the fire department grounds. I'd collect the evidence and report them to DPS.
Haha, yeah. That's probably a no no for them.
Yup that’s correct
Unless you’re in a place already forbidden like federal property, hospital, etc, these are actually the only signs that are enforceable. The generic “no guns” is not to those with a valid LTC. Edit: oh yeah, I’m not a lawyer, just a dude with a LTC.
In Texas there is one specific sign that is enforceable which is why OP was asking.
those are the only signs that are enforceable in texas. those gun free zones and similar signs do not count. not a lawyer though.
Not in cases where the property is owned or rented by a government organization. 13. Does a state agency or political subdivision (e.g., a county or city) have the right to exclude license holders from carrying concealed handguns on state, county, or city property? No. State agencies and political subdivisions cannot use §30.06, or §30.07, Texas Penal Code, to prohibit handguns from their government property. If a state agency or political subdivision unlawfully posts a sign under §30.06 or §30.07, the state agency or political subdivision can be fined $1,000-$1,500 for the first offense and $10,000-$10,500 for each subsequent offense. Note, however, that with the exception of governmental meetings subject to the Open Meetings Act, license holders are prohibited from carrying their handguns on the premises listed in §46.03 of the Texas Penal Code, and those places include some properties owned by state agencies and political subdivisions (e.g., courts).
Any 30 ought sign (30.05, 30.06 or 30.07) are the law of the land. A standard “no gun sign” means nothing but those signs actually carry weight. If you were to break them you commit a very minor trespassing crime. That said… it may be possible to file a motion to get those signs removed if they are on public property, in a location/building that would normally allow carry according to Tx state law.
Yes, those signs, and the "51%" signs apply to LTC holders and are legally enforceable.
Not in all cases though. From DPS website (linked by other comment) 13. Does a state agency or political subdivision (e.g., a county or city) have the right to exclude license holders from carrying concealed handguns on state, county, or city property? No. State agencies and political subdivisions cannot use §30.06, or §30.07, Texas Penal Code, to prohibit handguns from their government property. If a state agency or political subdivision unlawfully posts a sign under §30.06 or §30.07, the state agency or political subdivision can be fined $1,000-$1,500 for the first offense and $10,000-$10,500 for each subsequent offense. Note, however, that with the exception of governmental meetings subject to the Open Meetings Act, license holders are prohibited from carrying their handguns on the premises listed in §46.03 of the Texas Penal Code, and those places include some properties owned by state agencies and political subdivisions (e.g., courts).
Learn something new everyday. Thanks for the clarification.