Not sure how to interpret.

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply
TRanger
Junior Member
Posts: 2
Joined: Sun Sep 06, 2015 7:37 am

Not sure how to interpret.

Post by TRanger »

Hello everyone.

I have been lurking for a while and this is my first post. I tried searching but couldn't find the magical word combination to find an answer. I know it is legal to carry in your hotel room even if the hotel is posted. My question... I work for company X. Company X has a floor in a large office building. The building has proper 30.06 signage. There is nothing in the employee manual or company documentation forbidding weapons. Since company X is renting, would I be legal to carry in the office?

TRanger
The Wall
Senior Member
Posts: 819
Joined: Thu Mar 26, 2015 10:59 am

Re: Not sure how to interpret.

Post by The Wall »

Welcome to the forum. I would ask Company X. Just because it's not specified in their policy doesn't mean they will allow it. Especially if it could get them in trouble with the Landlord.
User avatar
TexasJohnBoy
Banned
Posts: 1999
Joined: Sun Mar 22, 2015 4:21 pm
Location: North Texas

Re: Not sure how to interpret.

Post by TexasJohnBoy »

I'd say you're walking past proper 30.06 signage. Assuming the building isn't owned by a governmental entity, and is privately owned, I don't think you can carry. I don't think your place of work is any part of your castle (which your vehicle, and I believe hotel room qualify as)

I am open to being corrected if I am wrong...
TSRA Member since 5/30/15; NRA Member since 10/31/14
Mike S
Senior Member
Posts: 740
Joined: Sun Sep 06, 2015 5:08 pm
Contact:

Re: Not sure how to interpret.

Post by Mike S »

TRanger wrote:Hello everyone.

I have been lurking for a while and this is my first post. I tried searching but couldn't find the magical word combination to find an answer. I know it is legal to carry in your hotel room even if the hotel is posted. My question... I work for company X. Company X has a floor in a large office building. The building has proper 30.06 signage. There is nothing in the employee manual or company documentation forbidding weapons. Since company X is renting, would I be legal to carry in the office?

TRanger
Could you please cite where you found an exception to carry in your hotel room despite 30.06 signage? In 2013 the 83rd Legislature amended Chapter 1 of the Occupations Code to insert a requirement for hotels to post their firearms policy on-line & in any written policies provided to the guest when making reservations if they restrict or prohibit the possession or storage of firearms by hotel guests. (See H.B. 333 below).

With this in mind, I'd suggest that an offense would be committed if we ignore the signage.

As far as the question you posed, I'd suggest that you would also be in violation if you carried into any portion of the building you work in. I'd tread carefully on that one.


H.B. No. 333

AN ACT
relating to requiring notice of a hotel's firearms policy and other guest policies; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2155, Occupations Code, is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. FIREARMS POLICY NOTICE
Sec. 2155.101. DEFINITION. In this subchapter, "hotel" has the meaning assigned by Section 156.001, Tax Code.
Sec. 2155.102. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a hotel that has a policy prohibiting or restricting the possession, storage, or transportation of firearms by hotel guests.
Sec. 2155.103. NOTICE REGARDING FIREARMS POLICY. (a) A hotel shall include on the hotel's Internet reservation website the hotel's policy regarding the possession, storage, and transportation of firearms.
(b) If a hotel provides a written confirmation or a written
statement of terms and conditions to a consumer after accepting the consumer's hotel reservation by telephone, the hotel shall include information specifying how the consumer may review applicable guest policies. The guest policies must indicate the hotel's policy regarding the possession, storage, and transportation of firearms by guests.
(c) A hotel owner or keeper commits an offense if the person does not comply with this section. An offense under this subsection is a misdemeanor punishable by a fine of not more than $100.
SECTION 2. This Act takes effect September 1, 2013.
User avatar
Charles L. Cotton
Site Admin
Posts: 17788
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: Not sure how to interpret.

Post by Charles L. Cotton »

Both of your examples could result in arrest and conviction for criminal trespass. Hotels and office building owners can post the property off-limits with a 30.06 sign, thus you would commit a crime when you enter to register.

Chas.
TRanger
Junior Member
Posts: 2
Joined: Sun Sep 06, 2015 7:37 am

Re: Not sure how to interpret.

Post by TRanger »

Thank you to all that have replied. I had bad info about the hotel it seems. This is pretty cut and dried. I am getting my license again after letting it lapse for several years because of work and appreciate the guidance.

TRanger
wharvey
Senior Member
Posts: 244
Joined: Fri Nov 12, 2010 9:00 am
Location: Natalia, Texas

Re: Not sure how to interpret.

Post by wharvey »

The hotel is interesting. What about if the gun is packed in your luggage in the same manner as you were to declare it for a flight? I don't think that would be a violation of 30.06. If not, once you are in your room for the night wouldn't it then be legal to unpack it so as to be ready if need be?

I do agree that the office would most likely be off limits but since you are renting the room doesn't it become an extension of your home?
Bill Harvey

License to Carry Handgun - Indiana, since Aug 1997
CHL - Texas, since Aug 2011
User avatar
C-dub
Senior Member
Posts: 13577
Joined: Sat May 16, 2009 7:18 pm
Location: DFW

Re: Not sure how to interpret.

Post by C-dub »

TRanger wrote:Thank you to all that have replied. I had bad info about the hotel it seems. This is pretty cut and dried. I am getting my license again after letting it lapse for several years because of work and appreciate the guidance.

TRanger
I think Charles' scenario implies that when you're registering and not actually in your room is when you could be in trouble. If you're not carrying when registering you should be okay. Then later, in your room you would be okay. I could be wrong, but that's how I interpret his advice.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
User avatar
JALLEN
Senior Member
Posts: 3081
Joined: Mon May 30, 2011 4:11 pm
Location: Comal County

Re: Not sure how to interpret.

Post by JALLEN »

Charles L. Cotton wrote:Both of your examples could result in arrest and conviction for criminal trespass. Hotels and office building owners can post the property off-limits with a 30.06 sign, thus you would commit a crime when you enter to register.

Chas.
Is anyone aware of any that do this?
Luckily, I have enough willpower to control the driving ambition that rages within me.
User avatar
puma guy
Senior Member
Posts: 7907
Joined: Thu Jul 23, 2009 2:23 pm
Location: Near San Jacinto

Re: Not sure how to interpret.

Post by puma guy »

wharvey wrote:The hotel is interesting. What about if the gun is packed in your luggage in the same manner as you were to declare it for a flight? I don't think that would be a violation of 30.06. If not, once you are in your room for the night wouldn't it then be legal to unpack it so as to be ready if need be?

I do agree that the office would most likely be off limits but since you are renting the room doesn't it become an extension of your home?
That's what I do when I check into a hotel that's posted 30.06. It's in my luggage not on my person, so I assume it doesn't qualify as a concealed weapon.
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
User avatar
JALLEN
Senior Member
Posts: 3081
Joined: Mon May 30, 2011 4:11 pm
Location: Comal County

Re: Not sure how to interpret.

Post by JALLEN »

JALLEN wrote:
Charles L. Cotton wrote:Both of your examples could result in arrest and conviction for criminal trespass. Hotels and office building owners can post the property off-limits with a 30.06 sign, thus you would commit a crime when you enter to register.

Chas.
Is anyone aware of any that do this?
I took a peek at Texas3006, and there are some, mostly Hiltons and Embassy Suites, and some others, no Marriotts that I saw.

I bet Lynne Russell and her hubby are glad they were in NM and not at one of these joints.
Luckily, I have enough willpower to control the driving ambition that rages within me.
User avatar
RetNavy
Senior Member
Posts: 515
Joined: Wed Jan 08, 2014 9:21 am
Location: Paris, Tx

Re: Not sure how to interpret.

Post by RetNavy »

would having your weapon in luggage mean that you are not carrying under GC 411 so to me that would mean the 30.06 sign would not have any force of law.... only after unpacking and putting your weapon on and leaving your room would 30.06 be in effect... but also that would mean if you leave the room for anything like a meal or trip away from the hotel then you would either leave it in your room or repack your luggage and take it with you... just my opinion, subject to change....
"Freedom itself was attacked this morning by a faceless coward. Freedom will be defended!"
-President George W. Bush, September 11, 2001
User avatar
ScottDLS
Senior Member
Posts: 5091
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Not sure how to interpret.

Post by ScottDLS »

RetNavy wrote:would having your weapon in luggage mean that you are not carrying under GC 411 so to me that would mean the 30.06 sign would not have any force of law.... only after unpacking and putting your weapon on and leaving your room would 30.06 be in effect... but also that would mean if you leave the room for anything like a meal or trip away from the hotel then you would either leave it in your room or repack your luggage and take it with you... just my opinion, subject to change....
This is the case that I would make in that MPA would allow you to carry to/from your car to your (temporary?) residence without CHL, so conceivably 30.06 would not apply. Not sure I'd chance this until at least January 1, when the penalty for being wrong would be lower.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
Post Reply

Return to “General Texas CHL Discussion”