Esoteric Question about 30.06

[The Annoyed Man]

Someone else's topic caused this to popup in my mind, and I thought I'd ask it here.......

The current text of TPC §30.06 says:

(a) A license holder commits an offense if the license holder:

• (1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
  (2) received notice that:
  • (A) entry on the property by a license holder with a concealed handgun was forbidden; or
    (B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:

• (1) "Entry" has the meaning assigned by Section 30.05(b).
  (2) "License holder" has the meaning assigned by Section 46.035(f).
  (3) "Written communication" means:
  • (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
    (B) a sign posted on the property that:
    • (i) includes the language described by Paragraph (A) in both English and Spanish;
      (ii) appears in contrasting colors with block letters at least one inch in height; and
      (iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

For the purposes of my question, the operant part is (a)(1) and (c)(2) - "carries a handgun under the authority of Subchapter H, Chapter 411"; and ""License holder" has the meaning assigned by Section 46.035(f)."

46.035(f) says: (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

Subchapter H, Chapter 411 seems to deal exclusively with licenses issued by the state of Texas, whether resident or non-resident licenses. But neither 46.035 nor Subchapter H, Chapter 411 specifically mention out-of-state licenses....... at least not that I can find.

So, there is nothing I can find IN THE CODE making an out of state license subject to 30.06. Before I get flamed, I DO believe that 30.06 DOES affect someone carrying with an out of state license, but I am just having a hard time finding where the law says it does. That's why this is kind of an esoteric question. So, can anyone point out to me where it is that the letter of the law makes 30.06 binding on an out of state license? OR, is this something which is in the power of the Governor/Attorney General to specify when they offer reciprocity to another state? ......as in, "We will recognize your license, with the proviso that all laws governing Texas CHL are applicable to your state's license, even though our law does not mention out of state licenses"?

Just curious, if anyone can explain the legal mechanism to me. Thanks.

[jmra]

http://www.txdps.state.tx.us/rsd/chl/le ... eement.pdf
Above is the agreement with MS. The agreement references the code.

[Keith B]

Subchapter H, Chapter 411 of the Texas Government Code applies to the carrying of a handgun by a licensed individual. Doesn't matter if it is a Texas license or license from another state. When in Texas, you are governed by that law when carrying concealed on or about your person with a license to do so.

[K5GU]

I've been wondering the same thing. Does the reciprocity law that says something like, "..license is recognized.." mean that if an out of state CHL person commits an offense in Texas that Texas code prevails, similar to the way the drivers license laws work? I had this same conversation with a CHL instructor when asking about the Oklahoma interpretation of their open carry laws, and the fact that it has been published that a Texas CHL holder can legally carry openly in Oklahoma.

[WildBill]

Subchapter H, Chapter 411 of the Texas Government Code applies to the carrying of a handgun by a licensed individual. Doesn't matter if it is a Texas license or license from another state. When in Texas, you are governed by that law when carrying concealed on or about your person with a license to do so.

[The Annoyed Man]

Subchapter H, Chapter 411 of the Texas Government Code applies to the carrying of a handgun by a licensed individual. Doesn't matter if it is a Texas license or license from another state. When in Texas, you are governed by that law when carrying concealed on or about your person with a license to do so.

So Keith, what you're saying is that it is general inclusion, not specific to a Texas CHL?

[Jumping Frog]

The current text of TPC §30.06 says:

(a) A license holder commits an offense if the license holder:

• (1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code,

Note that SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN starts with Sec. 411.171. DEFINITIONS through Sec. 411.208, LIMITATION OF LIABILITY and includes everything in between.

SUBCHAPTER I. INTERNAL OVERSIGHT starts at Sec. 411.241.

Thus, this section is within Subchapter H, Chapter 411, Government Code:

Sec. 411.173. NONRESIDENT LICENSE.
. . .(b) The governor shall negotiate an agreement with any other state that provides for the issuance of a license to carry a concealed handgun under which a license issued by the other state is recognized in this state or shall issue a proclamation that a license issued by the other state is recognized in this state if the attorney general of the State of Texas determines that a background check of each applicant for a license issued by that state is initiated by state or local authorities or an agent of the state or local authorities before the license is issued. For purposes of this subsection, "background check" means a search of the National Crime Information Center database and the Interstate Identification Index maintained by the Federal Bureau of Investigation.

[ScottDLS]

This also is why I disagree with the BATFE interpretation of the Federal GFSZA (gun free school zone) with regard to carrying on an out of state license. As far as I know there has never been a court interpretation to support ATF's stated view.

But I sure wouldn't want to be the test case on MY interpretation.

When did I say I was a lawyer? Never...Thought so.