Hotels and 30.06

[mr.72]

The Driskill question brought up a question I had regarding 30.06 sign applicability for hotels, maybe the experts can chime in.

Can they keep you from having a gun in a room you are staying in, or from carrying between the room and your car, even with a 30.06 sign?

§ 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.
...
(a-2) For purposes of this section, "premises" includes
real property and a recreational vehicle that is being used as
living quarters, regardless of whether that use is temporary or
permanent. ...

So it appears to me that a hotel room would be considered one's premises, or premises under one's control; that is, real property that is being used as living quarters. You have rented the room, it is absolutely and definitely under your control, as much as any property that is rented is under the control of the renter.

So I would ask the experts: would it not be legal to have a gun in your hotel room, and also to carry that gun from your car to the hotel room, regardless of any 30.06 sign? Like for example, I know that if you rent an apartment, and the complex has a 30.06 sign even at the entry gate, you can still carry your own gun in your car, from the car into your apartment, and so forth legally, but you cannot carry the gun into common areas if they are not along your route from the car to the apartment. Would not the same apply to a hotel?

[txflyer]

This came up in my CHL class. The response was that a hotel room is considered temporary living quarters and therefore a hotel cannot prevent you from keeping a firearm in your room and they cannot interfere with your ability to directly move a weapon between your room and vehicle.

[bdickens]

+1

For the duration of your stay, that hotel room is your residence.

[DONT TREAD ON ME]

thats good info to have. thanks!

[rm9792]

This came up in my CHL class. The response was that a hotel room is considered temporary living quarters and therefore a hotel cannot prevent you from keeping a firearm in your room and they cannot interfere with your ability to directly move a weapon between your room and vehicle.

What happened to private property rights? Hotel cant dictate their terms?

[mr.72]

You're renting the property. At that time, it is your private property rights.

[txflyer]

This came up in my CHL class. The response was that a hotel room is considered temporary living quarters and therefore a hotel cannot prevent you from keeping a firearm in your room and they cannot interfere with your ability to directly move a weapon between your room and vehicle.

What happened to private property rights? Hotel cant dictate their terms?

The same thing that happens when an apartment owner rents to a person. Many of their "property rights" are preempted by the renter's property rights. A person who leases generally has the same rights as an owner. An owner may not enter a leased property without cause. For example, they cannot enter to see what color your underwear is, but may enter to protect their property from a burst water pipe.

[Keith B]

You're renting the property. At that time, it is your private property rights.

As I have stated many times, IANAL, and didn't stay in a Holiday Inn Express last night (especially one that was posted 30.06 ) BUT, you have to enter into a contract to 'rent' a room. This is a private contract between you and the hotel. If the hotel was posted 30.06, you have been given notice and must follow their ruling. Just renting the room does not now relieve you of following their guidelines IMO. You have the option of going down the road to the more CHL friendly hotel.

I see it as no different that the contact you sign and enter into with many homeowners associations. State laws don't get you by that one. It could be construed by a DA that way if you are outed.

[barres]

You're renting the property. At that time, it is your private property rights.

As I have stated many times, IANAL, and didn't stay in a Holiday Inn Express last night (especially one that was posted 30.06 ) BUT, you have to enter into a contract to 'rent' a room. This is a private contract between you and the hotel. If the hotel was posted 30.06, you have been given notice and must follow their ruling. Just renting the room does not now relieve you of following their guidelines IMO. You have the option of going down the road to the more CHL friendly hotel.

I see it as no different that the contact you sign and enter into with many homeowners associations. State laws don't get you by that one. It could be construed by a DA that way if you are outed.

I agree, almost, but I believe you can still have your pistol in your hotel room and take it between your room and your vehicle. The reason is that I am not keeping my pistol in my room under the authority of my CHL. I am keeping it under the authority granted as an exception to UCW provided to me as the person in control of the property in question. I rented the room, so I control it, so UCW does not apply to me. I do not control the lobby, so I cannot carry if i loitered there, as 30.06 prevents it. I cannot aimlessly wonder the halls, because I do not control them, so 30.06 prevents my carrying. If I visit the hotel for a conference, I cannot carry, because 30.06 prevents it, as I am not in control of any portion of the property. The hotel has every right to control the property that it maintains sole control over. But it relinquished control over one room to me, which means UCW does not apply to me in that one room (and only that room) and between that room and my vehicle.

IMHO and I am not a lawyer, etc.

[anygunanywhere]

I have stayed in many, many hotels. In 2007 I spent 200 nights in hotels on bidness. I have never seen a 30.06 posted hotel.

I typically take my firearms with me when I travel, although I did not this time. I am in PA right now. I have carried my firearms to all states I have travelled, including FL, SC, PA, CA, GA, TN, LA. FYI, CA considers your hotel room as your residence.

Hotels want your money, and frankly, I would never think twice about taking my firearms with me and arming up as I stayed in their acommodations.

Anygunanywhere

[Liberty]

I have stayed in many, many hotels. In 2007 I spent 200 nights in hotels on bidness. I have never seen a 30.06 posted hotel.

I typically take my firearms with me when I travel, although I did not this time. I am in PA right now. I have carried my firearms to all states I have travelled, including FL, SC, PA, CA, GA, TN, LA. FYI, CA considers your hotel room as your residence.

Hotels want your money, and frankly, I would never think twice about taking my firearms with me and arming up as I stayed in their acommodations.

Anygunanywhere

And my experience parallels yours, I've never even noticed a no guns sign except at the hotel bar. Most hotel parking lots very insecure and I believe most Hotel operators would rather have you bring the gun into the room than leave it in the car.

[jimlongley]

In 2006 I traveled 3 weeks on the road, one week off (sometimes) for nine months, which works out to over 200 days myself. At several hotels outside of Texas I saw gunbusters signs, and a couple with "No Weapons" but none in TX with 30.06.

I also noted a few with no weapons policies in their hotel guidebooks, including a couple in TX.

[aardwolf]

As I have stated many times, IANAL, and didn't stay in a Holiday Inn Express last night (especially one that was posted 30.06 ) BUT, you have to enter into a contract to 'rent' a room. This is a private contract between you and the hotel.

I'm staying in a hotel right now and I didn't sign a contract when I checked in. You can argue that their policy prohibits guns but I'll argue my policy requires guns, and when they allowed me to check in they gave me consent to carry.

If the hotel was posted 30.06, you have been given notice and must follow their ruling.

Anyway, 30.06 only applies to CHL so an unlicensed person can carry on premises under their control regardless of 30.06 signs.

[Rayden]

I have stayed in many, many hotels. In 2007 I spent 200 nights in hotels on bidness. I have never seen a 30.06 posted hotel.

I typically take my firearms with me when I travel, although I did not this time. I am in PA right now. I have carried my firearms to all states I have travelled, including FL, SC, PA, CA, GA, TN, LA. FYI, CA considers your hotel room as your residence.

Hotels want your money, and frankly, I would never think twice about taking my firearms with me and arming up as I stayed in their acommodations.

Anygunanywhere

I am interested in how you carry in CA as I understand they don't have a reciprocal agreement with TX?

[TacShot]

Anyway, 30.06 only applies to CHL so an unlicensed person can carry on premises under their control regardless of 30.06 signs

This is an interesting point. PC 30.06 refers to "on property of another" Therefore, if the hotel is the property of another and 30.06 is applicable to the licensed, it would mean the unlicensed is subject to PC 30.05.d, criminal trespass with a deadly weapon. You can't have it both ways.