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by C-dub
Wed Mar 28, 2012 9:33 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29270

Re: Can A Landlord Do This?

I can't find anything. I thought for sure it was discussed and those that know said that the possession of a gun could not be prohibited from your residence or "living quarters" as stated in 46.02, where it also specifically mentions permanent or temporary. I could not find anywhere where Charles has said anything definitive on this subject and Srothstein had affirmed that if it's in the lease then they can do it as long as it's not one of the federally protected things.

However, in light of recent SCOTUS rulings, I wonder if the ability of a landlord to prohibit the mere possession of a gun by a renter is still legal. Anyone?
by C-dub
Wed Mar 28, 2012 8:27 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29270

Re: Can A Landlord Do This?

apostate wrote:
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 don't think I can. It's been discussed on here several times before and I'm sure Charles or a few others, with whom the Googlefu is strong, have cited references before. I'll look around and see what I come up with.
by C-dub
Wed Mar 28, 2012 7:35 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29270

Re: Can A Landlord Do This?

sjfcontrol wrote:
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?
Excellent question!! Of course, hotel rooms don't have leases, but I'm betting there is a list of rules of behavior somewhere yor're agreeing to.
Most certainly there is a contract to rent a hotel room.
by C-dub
Wed Mar 28, 2012 6:51 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29270

Re: Can A Landlord Do This?

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?
by C-dub
Mon Feb 27, 2012 6:42 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29270

Re: Can A Landlord Do This?

What I find ironic about this whole thing is that they are trying to restrict their tenants and tenant's guests from doing something they cannot even prevent their own employees from doing anymore. Legally, they cannot prohibit their own employees from keeping a gun their car on the property.
by C-dub
Tue Feb 21, 2012 9:52 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29270

Re: Can A Landlord Do This?

Ameer wrote:
C-dub wrote:Of course, we all know that a 30.06 sign has no relevance to someone without a CHL.
This sign does,

Image
I was afraid someone might ask that question or point that out. I really don't know when it pertains to someone coming and going from their residence.
by C-dub
Tue Feb 21, 2012 8:14 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29270

Re: Can A Landlord Do This?

apostate wrote: 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?
It's different because it's where I live.

I still think the apartment management can post a 30.06 sign that would apply to the offices and any buildings that are not residences. I suppose, as some others have said, they could also post one at all the entrances to the parking lots that might apply to a CHL holder outside of their vehicle if not going to and from their vehicle and apartment. Of course, we all know that a 30.06 sign has no relevance to someone without a CHL.
by C-dub
Mon Feb 20, 2012 7:55 am
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29270

Re: Can A Landlord Do This?

The Annoyed Man wrote:Concealed is concealed.
There it is. I'm shocked that it took almost two full pages before it showed up.

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