Page 1 of 1
Not sure how to interpret.
Posted: Sun Oct 04, 2015 5:18 pm
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
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 5:29 pm
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.
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 7:00 pm
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...
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 7:19 pm
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.
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 7:49 pm
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.
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 8:10 pm
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
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 8:39 pm
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?
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 8:42 pm
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.
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 8:50 pm
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?
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 9:06 pm
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.
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 9:18 pm
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.
Re: Not sure how to interpret.
Posted: Sun Oct 04, 2015 9:31 pm
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....
Re: Not sure how to interpret.
Posted: Mon Oct 05, 2015 8:10 am
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.