Proper Hotel Notification

[oohrah]

I'm staying in a Dallas hotel this weekend. In accordance with Occupations Code 2155.103, the hotel has this policy statement on their website (and I really had to dig to find it)

"Carrying a weapon on these premises is prohibited and violators may be subject to arrest for trespass under applicable law."

When I arrived, there was no 30.06 or other gun buster sign, only a TABC BLUE in an obscure location.

IANAL, but I believe I have not been given effective notice under 30.06 that I cannot carry as a guest. I wanted to get some other opinions (certainly not legal advice ). If I was just arriving to meet someone, not a guest in the hotel, I sure would not have been notified.

[Taypo]

I'd carry - I don't see a trace of proper notification.

[TexasCajun]

If the obscure and nonbinding "prohibition" wasn't included in any of the documentation that you received upon completing the registration process, you haven't been notified per 30.06. Keep concealed & enjoy your trip.

I don't circle around buildings and move landscaping to try to find 30.06 signs when I go somewhere I've never been. Likewise, I don't scour every page of a website looking for hidden terms and conditions. The key phrases of 30.06 are "presented with" and "conspicuously posted".

[Mike S]

I'd opinion that without a 30.06 sign posted, or required language of 30.06 included within your check-in paperwork, there's no Written Notice provide therefore no offense committed. However, I'd put a heavy emphasis on keeping it concealed; if you are given verbal notice and don't immediately comply you commit the offense & can be charged as a Class A Misdemeanor.

And enjoy the weekend!

[oohrah]

Thanks! Looks like a no brainer.

[Glockster]

My understanding of 46.02, and given that there is no 30.06 posted, is that you can carry your handgun directly from your car to your hotel room because the hotel room is equivalent to your own premises. Worst case, MPA car/parking lot, while in the car place it in your luggage, transport the gun to your room, where you are then in premises under your control. And if you were to go directly from your car to your room, I think that the traveling part of 46.02 is applicable. But in my mind with no 30.06 posted you can CC it to/from without the transport in your luggage.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

[Richbirdhunter]

If you are a registered guest of the hotel, isn't that your temporary residence and don't you have the right to carry?

[Glockster]

If you are a registered guest of the hotel, isn't that your temporary residence and don't you have the right to carry?

I think so. But if a 30.06 was posted the question comes in as to how you legally get the gun from the parking lot to your room. And as it is a hotel I think that you can make a case for being on travel, providing you went directly from car to room (and not for example, have dinner in the restaurant). I myself don't know if the common areas are treated the same as for a condo/apartment, for example. But I think that you can transport from the parking lot to your room (meaning not carry) if it is posted. I think. But that's why lawyers get paid to deal with those what ifs and coulds.

[oohrah]

I carried. Concealed is concealed.

[thetexan]

We're giving the hotel a place among the enumerated prohibited locations when it is not. There are 13 places you can not carry. The rest...the rest....t-h-e r-e-s-t....everybody else....THE REST OF THE TEXAS UNIVERSE MUST USE 30.06 NOTIFICATION (I'm looking for some other way to emphasis the words and I can't find any!!)

You do not even need to consider 46.02 (if you have a CHL).

Policy without 30.06 notification is of no prohibitive concern.

tex

[JALLEN]

We're giving the hotel a place among the enumerated prohibited locations when it is not. There are 13 places you can not carry. The rest...the rest....t-h-e r-e-s-t....everybody else....THE REST OF THE TEXAS UNIVERSE MUST USE 30.06 NOTIFICATION (I'm looking for some other way to emphasis the words and I can't find any!!)

You do not even need to consider 46.02 (if you have a CHL).

Policy without 30.06 notification is of no prohibitive concern.

tex

I don't think so. If you are given effective notification verbally, or some other way, you are prohibited. Notice given in the reservation paperwork can be effective as well, as I understand it.

[ScottDLS]

We're giving the hotel a place among the enumerated prohibited locations when it is not. There are 13 places you can not carry. The rest...the rest....t-h-e r-e-s-t....everybody else....THE REST OF THE TEXAS UNIVERSE MUST USE 30.06 NOTIFICATION (I'm looking for some other way to emphasis the words and I can't find any!!)

You do not even need to consider 46.02 (if you have a CHL).

Policy without 30.06 notification is of no prohibitive concern.

tex

I don't think so. If you are given effective notification verbally, or some other way, you are prohibited. Notice given in the reservation paperwork can be effective as well, as I understand it.

Verbally (orally) yes.... Some other way (written)... must conform to the exact wording specified in 30.06, otherwise not effective.

[kopking10]

I just passed my CHL test last Friday. Our instructor mentioned that the owner or individual of a premise that has the authority can verbally "kick" you out even when there is no 30.06 sign being posted. Legally, the sign MUST
BE POSTED. However, my instructor said that they could still call the cop and get you arrested if the cop wanted. Then, the cop would tell you to explain to the judge about the 30.06 sign! It's crazy he said.

[ScottDLS]

I just passed my CHL test last Friday. Our instructor mentioned that the owner or individual of a premise that has the authority can verbally "kick" you out even when there is no 30.06 sign being posted. Legally, the sign MUST
BE POSTED. However, my instructor said that they could still call the cop and get you arrested if the cop wanted. Then, the cop would tell you to explain to the judge about the 30.06 sign! It's crazy he said.

They can verbally(orally) tell you to get out and then you must leave or the cops can come arrest you. But if they didn't tell you to leave and there was no sign posted, what would the cops arrest you for?

[casp625]

We're giving the hotel a place among the enumerated prohibited locations when it is not. There are 13 places you can not carry. The rest...the rest....t-h-e r-e-s-t....everybody else....THE REST OF THE TEXAS UNIVERSE MUST USE 30.06 NOTIFICATION (I'm looking for some other way to emphasis the words and I can't find any!!)

You do not even need to consider 46.02 (if you have a CHL).

Policy without 30.06 notification is of no prohibitive concern.

tex

I don't think so. If you are given effective notification verbally, or some other way, you are prohibited. Notice given in the reservation paperwork can be effective as well, as I understand it.

Verbal/Oral notice is mentioned in 30.06