A License to Carry gives you the legal right to carry a handgun in Texas — but it doesn’t give you the right to carry everywhere, and it doesn’t simplify your legal exposure the way most people assume. The rules for LTC holders are different from the rules for everyone else in ways that can work against you just as easily as they work in your favor.
I’ve handled these cases in Collin County and throughout the DFW area. The details matter — and there are more valid defenses here than most people realize.
Constitutional Carry vs. LTC — What the Difference Actually Means
Since Texas passed constitutional carry in 2021, most adults 21 and older can carry a handgun in most places without a license at all. So why does having an LTC matter — and why can it create exposure that a non-licensed carrier wouldn’t have?
The answer is that certain restrictions under Texas law specifically target LTC holders. The trespass offenses under Sections 30.06 and 30.07 — the charges that come from ignoring posted signs — only apply to people carrying under the authority of an LTC. Someone carrying under constitutional carry isn’t subject to those charges the same way. But the flip side is also true: LTC holders have statutory defenses at certain restricted locations that a non-licensed carrier doesn’t have. Your license cuts both ways.
Places No One Can Carry — LTC or Not
Section 46.03 of the Texas Penal Code lists locations where carrying a weapon is prohibited for everyone. Your LTC provides no exception here:
- Schools, school grounds, and school vehicles
- Polling places during elections or early voting
- Courts, court offices, and buildings used by courts
- Racetracks
- Secured areas of airports
- Correctional facilities and detention centers
- Mental hospitals
- Churches, synagogues, mosques, and other places of worship — unless the organization expressly permits license holders to carry
Carrying in any of these locations is a third-degree felony under §46.03(g) — 2 to 10 years in prison — regardless of whether you have a license.
Places That Depend on Notice — Where LTC Holders Have a Defense
Section 46.03 also covers a second category of locations — places that are technically restricted, but where LTC holders have a statutory defense if they weren’t given proper notice. Under Sections 46.15(p) and (q), the prohibition doesn’t apply to an LTC holder at these locations if legally effective notice was never given:
- 51% establishments — bars and clubs deriving more than half their income from alcohol sales — if the business didn’t post a valid §411.204 sign and didn’t give notice under §30.06 or §30.07
- Sporting events — if the venue didn’t post a valid §30.06 or §30.07 sign
- Hospitals and nursing homes — if the facility didn’t post a valid §30.06 or §30.07 sign or give oral or written notice
- Amusement parks — if the park didn’t post a valid §30.06 or §30.07 sign or give oral or written notice
This is a defense that only exists because you have an LTC. Someone carrying under constitutional carry at one of these locations has no equivalent statutory protection — which is one of the reasons the license still matters even after 2021.
Signs That Only Restrict LTC Holders
Section 30.06 — Concealed Carry Prohibited
A 30.06 sign tells LTC holders they may not enter the premises carrying a concealed handgun. If you enter — or remain — after receiving that notice, you’ve committed a trespass offense. The sign must display specific statutory language, in both English and Spanish, at a minimum size and in contrasting colors. A generic “no guns” sign doesn’t qualify.
Section 30.07 — Open Carry Prohibited
A 30.07 sign tells LTC holders they may not enter carrying a handgun in plain view. Same structure as 30.06 — specific language required, or the sign has no legal effect. A business can post both, restricting both concealed and open carry.
The 51% Sign
Businesses that derive 51% or more of their income from alcohol sales are required by Section 411.204 to post a specific sign — commonly called the “red sign.” This isn’t optional for qualifying establishments. If a bar or club meets the threshold and doesn’t post it, an LTC holder who entered without any other notice may have a complete defense to the §46.03(a)(7) charge.
What Makes a Sign Valid — and Why It Matters
Sections 30.06 and 30.07 both require exact statutory language, in English and Spanish, in a specific minimum size, in contrasting colors. Many businesses post generic “no firearms” signs that don’t come close to meeting these requirements. A sign that doesn’t comply with the statute is not legally enforceable against you — it cannot serve as valid notice.
This is one of the first things I examine in any LTC-related charge. A defective sign means defective notice, and defective notice can be the foundation of a complete defense. Courts have dismissed these cases when the signs didn’t comply with the statutory requirements.
Penalties
Section 30.06 / 30.07 trespass charges:
- Class C misdemeanor — maximum $200 fine, no jail time — if the only notice was a posted sign
- Class A misdemeanor — up to one year in jail — if you were verbally told to leave and didn’t
Section 46.03 location-based charges:
- Third-degree felony — 2 to 10 years in prison — for hard-prohibited locations: schools, courts, polling places, correctional facilities, mental hospitals, churches
- Class A misdemeanor — up to one year in jail — for sporting events, hospitals and nursing homes, amusement parks, and civil commitment facilities
A felony conviction means more than prison time — it means losing your right to possess firearms, lasting damage to your career and professional licenses, and a permanent record. Even a Class A misdemeanor deserves serious attention from day one.
How I Defend These Cases
LTC charges aren’t automatic convictions. The specific facts determine everything — what sign was posted, whether it met every statutory requirement, whether you received any verbal notice, and exactly where the alleged offense occurred. I examine every element the State has to prove.
Defenses I look at in these cases:
- The sign was legally defective — wrong language, wrong size, wrong format, missing Spanish translation
- You weren’t given legally effective notice before you entered
- The location doesn’t actually qualify as a prohibited place under §46.03
- Under §46.15(p) or (q), the prohibition doesn’t apply to your situation as an LTC holder
- The 51% establishment didn’t post the required §411.204 sign
- Factual disputes — whether you actually refused to leave, whether you were in the restricted area at all
- Whether the stop or arrest itself was lawful
Frequently Asked Questions
I have an LTC. Can I carry anywhere?
No — but the restrictions are more nuanced than most people think. Your LTC creates exposure (30.06 and 30.07 charges) that a non-licensed carrier doesn’t face, but it also gives you defenses at certain §46.03 locations that a non-licensed carrier doesn’t have. The license changes your legal situation in both directions.
What if I didn’t see the 30.06 or 30.07 sign?
Whether you actually received notice matters. The State has to prove legally effective notice was given. If the sign wasn’t posted where you’d reasonably see it on the way in, or if the sign was defective, that’s relevant to your defense. Don’t assume the charge is airtight just because a sign existed somewhere on the property.
Can I carry at a bar that doesn’t have any signs posted?
It depends. If the bar derives 51% or more of its income from alcohol sales, it’s technically a prohibited location under §46.03(a)(7). But under §46.15(p), that prohibition doesn’t apply to LTC holders who weren’t given proper notice — meaning no valid §30.06 or §30.07 sign and no §411.204 sign. If none of those signs were present and valid, you may have a complete defense. Call me if you’re facing this charge.
I was asked to leave and I stayed. How serious is that?
More serious than a sign alone. If you were verbally told to leave after a 30.06 or 30.07 sign was posted and you didn’t leave, the charge upgrades from a Class C misdemeanor — maximum $200 fine — to a Class A misdemeanor carrying up to a year in jail. That’s a significant jump and not something to handle without a lawyer.
Is carrying in a prohibited place a felony?
It can be. Carrying in a hard-prohibited location — schools, courts, polling places, correctional facilities, mental hospitals, churches — is a third-degree felony under §46.03. Sporting events, hospitals, and amusement parks are Class A misdemeanors under §46.03(g-2). The 30.06/30.07 trespass charges start as misdemeanors but escalate if you ignored verbal notice.
Serving All of Collin County
I defend clients throughout Collin County, including:
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