Which elements constitute trespass by a license holder with an openly carried handgun?

• A. Carries openly on property
• B. Received notice that entry on the property by a license holder openly carrying a handgun was forbidden
• C. Both A and B
• D. None of the above

Answer: (D)

Trespass for a license holder who open-carries a handgun hinges on being on property in a way the owner has warned against. The critical elements are: the property must be posted or otherwise convey that open carrying is forbidden, the person must be on that property, and they must be carrying openly as a licensed handgun holder. Simply carrying openly on the property does not by itself prove trespass, and simply receiving notice that open carry is forbidden does not prove trespass unless the person has entered or remains on the property in light of that notice. In other words, the offense requires both the prohibition itself and the act of entering or remaining on the property with the openly carried handgun. Because the two choices listed cover only one aspect each and don’t capture the full trespass scenario, none of them alone (or in combination as stated) fully state the necessary elements. That’s why none of the above is the correct choice.