Search found 8 matches

by Solaris
Fri Feb 12, 2016 1:26 pm
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19029

Re: Hotel question

thetexan wrote: This is very similar to Costco. Do you as a signatory to a hotel lease contract have to be notified by .06/.07 language in the contract to be legally compelled under contract law to follow the policies you, by signing the contract, agree volunterily to follow in acceptance of the contract.
I think you are missing the point of the thread. Civil law is not the issue here.

What folks want to know is, if there is NO oral notice, NO written notice, and NO signs when they check in, if they are then found to be carrying a handgun under LTC law, can/will an officer arrest for 06/07? The answer IMO is probably NOT, especially if the person is polite and asks to leave immediately.

Now if hotel owner says to the LEO, "but we had a no guns policy posted on our web site 2 months ago when he made the reservation!". I still think the answer is NO, especially if the person is polite and asks to leave immediately.

Others may agree or disagree, but absent any documented arrests, convictions, case law, it is all just opinions.
by Solaris
Fri Feb 12, 2016 1:10 pm
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19029

Re: Hotel question

thetexan wrote:
Solaris wrote:Tex

I understand your point. The original intent of the law had nothing to do with CHL, and was to protect hunters and shooters from being evicted for carrying Longguns to/from there room. So it is a far stretch to think it was legislature intent to make web postings valid 06/07 notice. It is fun to theorize on the Internet about it, but can find nobody in the real legal world who practices it.
I'm not sure you do. You signed three electronic afadavit legally binding "documents" on line to get your LTC if you recall

tex
So what you are saying is let my non-ltc wife book all my hotels and then I entered into nothing electronically.
by Solaris
Fri Feb 12, 2016 1:03 pm
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19029

Re: Hotel question

thetexan wrote: As you arrive in the room there is a 30.06/.07 notification and other policies on hotel letterhead siting on the desk.
Written notice is legal, I was referring to NO written notice, NO oral notice, and NO signs.
by Solaris
Fri Feb 12, 2016 11:03 am
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19029

Re: Hotel question

Tex

I understand your point. The original intent of the law had nothing to do with CHL, and was to protect hunters and shooters from being evicted for carrying Longguns to/from there room. So it is a far stretch to think it was legislature intent to make web postings valid 06/07 notice. It is fun to theorize on the Internet about it, but can find nobody in the real legal world who practices it.
by Solaris
Fri Feb 12, 2016 10:38 am
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19029

Re: Hotel question

chamberc wrote:
No Texas court has ever NOT upheld a website as not being valid 30.06 notice, just to be fair.
Can anyone show even one arrest/conviction? Until that happens, I would say it is just another silly internet mental masturbation theory.

And at Class C and no more than $200, who cares? I have gotten speeding tickets for more than that.
by Solaris
Fri Feb 12, 2016 10:15 am
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19029

Re: Hotel question

One more thing

If two months prior 0607 is on a website when you reserved room, but when you show up there are no signs anywhere, and no mention when you check in (oral or card), What is logical to conclude? It seems logical to me they now allow LTC. Being given notice at a prior point in time does not supercede current time. The idea you have to check websites before you enter property to know current policy is not realistic and I do no see how any court would uphold it.
by Solaris
Fri Feb 12, 2016 9:55 am
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19029

Re: Hotel question

JP171 wrote:
Solaris wrote:
JP171 wrote:yes it is legal notice, the law for hotels was changed and requires that if they don't want weapons then it has to be done at the time of the online reservation. so yep its legal notice
No it is not legal notice as in 30.06. HB333 only requires they tell you up front their gun policy on their website. Gun policy could have nothing to do with lawful carry, could be as simple as saying no big game rifles allowed in rooms.

http://www.legis.state.tx.us/tlodocs/83 ... 00333F.htm
keep on thinkin that and be a guest of the gray bar hotel, good luck with that
Lets see how many ways you are wrong.

1) Class C Misdemeanor - nobody is going to the "gray bar hotel".

2) 30.06 only applies if you are carrying under LTC. Transporting a firearm to/from your car does not require a LTC.

3) If websites counted, nobody would post signs. Everyone would put notice on their website.

Again read the law, they are only required to post their policy, nowhere in the law does it say the web posted policy is effective notice. Sign, Card, or written document is required. Websites are electronic documents. No court in Texas has ever upheld a website as valid 30.06 notice.
by Solaris
Thu Feb 11, 2016 8:51 pm
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19029

Re: Hotel question

JP171 wrote:yes it is legal notice, the law for hotels was changed and requires that if they don't want weapons then it has to be done at the time of the online reservation. so yep its legal notice
No it is not legal notice as in 30.06. HB333 only requires they tell you up front their gun policy on their website. Gun policy could have nothing to do with lawful carry, could be as simple as saying no big game rifles allowed in rooms.

http://www.legis.state.tx.us/tlodocs/83 ... 00333F.htm

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