Gun Stolen from GFZ Hotel Parking Lot

[rotor]

Why would someone stay at a hotel they couldn't take their gun in and leave it unsecured in their vehicle? Cause they got a good deal on a room on the riverwalk? Hope it was worth it.

http://news4sanantonio.com/news/local/p ... pportunity

Texas law requires that any policy prohibiting a guest’s right to bring firearms onto a hotel premises be disclosed in the terms and conditions of guest reservations on the hotel’s website at the time a reservation is made. Under Texas Occupations Code § 2155.103 (2015), if a guest makes a reservation by phone, the hotel’s written confirmation of the reservation must include information about how guests may access and review the applicable gun policy.

If you elect to go to a posted hotel you take your chance. They must notify you as per above.

If they don't notify you and they are posted can you still be convicted for 30.06 violation (assuming it applies)?

I don't know.

[rotor]

This is the extent of the law
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.
Note their maximum fine is only $100.

[Soccerdad1995]

This is the extent of the law
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.
Note their maximum fine is only $100.

So if the hotel doesn't disclose their policy, they commit an offense and face a $100 fine.

I think it is a separate question as to whether a hotel policy banning firearms would legally prevent a guest from carrying a firearm to their rented room. Maybe the hotel could cancel their room rental contract (since you violated a condition of that contract), but I doubt that the guest would face any criminal issues since they would be travelling and / or carrying the weapon to their rented accommodations. Probably safest to have the gun in a suitcase while checking in or doing anything other than going straight from your car to your room.

Interestingly from reading this statute it sounds like the hotel has to disclose their policy even if they do not restrict firearm possession in any way. That seems a bit strange.

[bblhd672]

I cannot understand the business logic of a hotel preferring a gun to be stolen by a bad guy from a guest's vehicle than allowing a licensed "good guy (gal)" carry it inside the property.

[rotor]

This is the extent of the law
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.
Note their maximum fine is only $100.

So if the hotel doesn't disclose their policy, they commit an offense and face a $100 fine.

I think it is a separate question as to whether a hotel policy banning firearms would legally prevent a guest from carrying a firearm to their rented room. Maybe the hotel could cancel their room rental contract (since you violated a condition of that contract), but I doubt that the guest would face any criminal issues since they would be travelling and / or carrying the weapon to their rented accommodations. Probably safest to have the gun in a suitcase while checking in or doing anything other than going straight from your car to your room.

Interestingly from reading this statute it sounds like the hotel has to disclose their policy even if they do not restrict firearm possession in any way. That seems a bit strange.

I believe a hotel can post 30.06 and 30.07 and it is therefore illegal to carry past those signs, even if you have booked a room. I am not 100% sure about this but I leave that to the legal people. As far as I am concerned, I would not book a reservation at a hotel that is posted.

[Soccerdad1995]

This is the extent of the law
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.
Note their maximum fine is only $100.

So if the hotel doesn't disclose their policy, they commit an offense and face a $100 fine.

I think it is a separate question as to whether a hotel policy banning firearms would legally prevent a guest from carrying a firearm to their rented room. Maybe the hotel could cancel their room rental contract (since you violated a condition of that contract), but I doubt that the guest would face any criminal issues since they would be travelling and / or carrying the weapon to their rented accommodations. Probably safest to have the gun in a suitcase while checking in or doing anything other than going straight from your car to your room.

Interestingly from reading this statute it sounds like the hotel has to disclose their policy even if they do not restrict firearm possession in any way. That seems a bit strange.

I believe a hotel can post 30.06 and 30.07 and it is therefore illegal to carry past those signs, even if you have booked a room. I am not 100% sure about this but I leave that to the legal people. As far as I am concerned, I would not book a reservation at a hotel that is posted.

I would not knowingly book or stay at a hotel that is posted either unless this some weird corner case hypothetical where I have to travel somewhere and there really is no other alternative. I might sleep in my car first. So I will likely never actually test this.

But I do believe that the hotel is not allowed to use the arrest power of the state to prevent it's guests from exercising their constitutional rights in the rooms they have rented. So they can't send the police in to arrest you for watching porn on your computer, surfing DNC (or RNC) sympathetic web sites, talking quietly about politics with your spouse, carrying a gun, filling out a voter registration card, or similar things. These activities might violate the civil contract that you have signed with the hotel but they are not criminal acts when done in the privacy of your home even if it is a rented home and even if it runs against the biases of the property owner. Maybe the lawyers on this board will chime in here.

[mr1337]

This is the extent of the law
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.
Note their maximum fine is only $100.

So if the hotel doesn't disclose their policy, they commit an offense and face a $100 fine.

I think it is a separate question as to whether a hotel policy banning firearms would legally prevent a guest from carrying a firearm to their rented room. Maybe the hotel could cancel their room rental contract (since you violated a condition of that contract), but I doubt that the guest would face any criminal issues since they would be travelling and / or carrying the weapon to their rented accommodations. Probably safest to have the gun in a suitcase while checking in or doing anything other than going straight from your car to your room.

Interestingly from reading this statute it sounds like the hotel has to disclose their policy even if they do not restrict firearm possession in any way. That seems a bit strange.

I believe a hotel can post 30.06 and 30.07 and it is therefore illegal to carry past those signs, even if you have booked a room. I am not 100% sure about this but I leave that to the legal people. As far as I am concerned, I would not book a reservation at a hotel that is posted.

Unless you're carrying under the traveling exemption, which you would probably be eligible for unless you're just in the habit of staying at hotels in your home town.