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While potentially very important if you shoot someone who breaks into your hotel room in Texas, I don't see how it's relevant to the question of whether a landlord (or hotel) may prohibit firearms on their property as a term of the lease or other contract.

Consider that the Castle Doctrine also applies in our "place of business or employment" but if an employer has a policy prohibiting firearms, they can fire someone who carries in the office.

C-dub wrote:I thought we had already established that a hotel could not prohibit someone from bringing a gun into their hotel room? How is this any different?

Can you cite a statue or some case law to that effect?

I agree it's (probably) not a crime to keep a weapon in your room because it's your temporary residence. However, if a hotel has a policy against firearms, I haven't seen a compelling argument that they're not allowed to enforce their policies though civil remedies.

Similarly, they could have a policy to charge 10x the room rate if you bring a firearm or pet in the room. Call it liquidated damages. If they catch you, they charge your credit card automatically, rather like the minibar or ppv movies. If you signed a piece of paper agreeing to the policy, it could prove difficult to effectively dispute those charges with your credit card company.

Granted, the risk of being caught sneaking a firearm in a hotel room is rather low, but in theory...

Dragonfighter wrote:We have discussed ad nauseum how one's vehicle (or vehicle under their control) is private property.

We have also discussed how some employers can and do prohibit firearms in vehicles on their property. (e.g. refineries, schools)

Dragonfighter wrote:We have discussed how a hotel cannot prevent you from keeping a weapon in your room as it is a de facto residence while you are there.

We have discussed how it's (probably) not a crime to keep a weapon in your room because it's your temporary residence. However, if a hotel has a policy against firearms, I haven't seen a compelling argument that they're not allowed to enforce their policies though civil remedies. Granted, the risk of being caught is rather low, but hypothetically speaking...

dac1842 wrote:4- I would send the corporate office a letter and let ask them what measures are they are taking to guarantee your safety. Let them know the hours you leave and return so that your personal body guard they must be providing for you is in place at the appointed times. I would also inquire as to where they plan on placing the guard shack that they must be placing in front of each apartment to insure that no apartment is burglarized.
5- Put them on notice that if any harm comes to you, your family or your guest while on the property that you could have prevented by being armed you will be suing them for failure to provide a safe and secure place to reside.
6- Ask them if they are familiar with the second amendment and what legal right do they have to deny you your constitutional rights.

How is this different than an employer not allowing you to carry at work?

Alternately, consider any business other than an apartment complex posting a 30.06 sign. Does that violate your constitutional rights?

Check your lease. Does it have a clause substantially similar to the following?

COMMUNITY POLICIES OR RULES. You and all guests and
occupants must comply with any written apartment rules and
community policies, including instructions for care of our property.
Our rules are considered part of this Lease Contract. We may make
reasonable changes to written rules, effective immediately, if they
are distributed and applicable to all units in the apartment
community and do not change dollar amounts on page 1 of this
Lease Contract.