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by sjfcontrol
Tue Apr 10, 2012 8:05 am
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

johnson0317 wrote:I do not believe you have any defense against prosecution if your car breaks down, you do not have a CHL, and you choose to carry your weapon while walking to your house. You are allowed to carry from your house to your car, and back, and to the range and back, and to the gunsmith, and back...but I really do not think you are covered to simply take a hike with it because your car broke down.

RJ
Actually, PC46.02(a)(2) states: [A person commits a crime if carrying a gun, knife or club, if the person is not] "inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control". It says nothing about carrying it back. :mrgreen:
by sjfcontrol
Sun Apr 08, 2012 10:31 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

apostate wrote: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.
Yeah, I think I was headed in the same direction. You may be justified in using deadly force to repel a break-in in a hotel, but I suspect you're still subject to the 30.06 sign in the lobby, which you have to walk by to get to your room. And I haven't seen any legislation that says a hotel couldn't enforce a "No Firearms" policy in the rooms -- or in an apartment as is the subject of this thread.
by sjfcontrol
Sun Apr 08, 2012 9:38 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

There, don't you feel better now? :mrgreen:

(Seriously -- thanks!)
by sjfcontrol
Sun Apr 08, 2012 6:37 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

johnson0317 wrote:
sjfcontrol wrote:
johnson0317 wrote:The only legislation I know of concerns the Castle doctrine. It was expanded to include your car and any hotel/motel room you might stay in. I think it needs to be clarified by the yahoos in Austin. I won't be staying in any place that bans my carry...or will I? :fire

RJ
Can you point to the legislation that speaks to hotel/motel rooms?
I could, but then you would never learn to walk on your own.
Well, thank you very much. :roll:
by sjfcontrol
Sun Apr 08, 2012 4:30 am
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

johnson0317 wrote:The only legislation I know of concerns the Castle doctrine. It was expanded to include your car and any hotel/motel room you might stay in. I think it needs to be clarified by the yahoos in Austin. I won't be staying in any place that bans my carry...or will I? :fire

RJ
Can you point to the legislation that speaks to hotel/motel rooms?
by sjfcontrol
Wed Mar 28, 2012 7:14 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

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.
by sjfcontrol
Tue Feb 21, 2012 11:08 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

Heartland Patriot wrote:
sjfcontrol wrote:
Keith B wrote:
sjfcontrol wrote:And does that mean I can't take my small pocket knife, or my base ball bat (sporting equipment) onto ( or into) the "premesis" ?
Knives no go, baseball bat, yes it would be OK if taking it in as as a baseball bat.

My reasoning is they specifically say knives. A baseball bat by definition is not a weapon. It only becomes a weapon if used for a purpose that it is not initially intended for. The same can be said about tire irons or rocks. However, a slingshot IS a weapon, and that is what it's purpose is, and would be prohibited.
And how do you know, once I've brought a item ( whatever it is) onto the premises, whether its intended to be a weapon or not? A baseball bat is "easily" used as a weapon. I can make a cutting instrument out of a piece of paper and some 2-part epoxy. ANYTHING can be used as a weapon. What sense does it make to say you can take " this" onto the premises, but not that just because it looks like a weapon? This is the same logic that prohibits "cop-killer" bullets. Or 11 round magazines.
If I could understand what the blazes affects the minds of people who believe those kinds of signs actually reduce crime, I'd try to come up with a cure and make a million dollars. :mrgreen:
Well, I want my cut!
by sjfcontrol
Tue Feb 21, 2012 10:45 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

Keith B wrote:
sjfcontrol wrote:And does that mean I can't take my small pocket knife, or my base ball bat (sporting equipment) onto ( or into) the "premesis" ?
Knives no go, baseball bat, yes it would be OK if taking it in as as a baseball bat.

My reasoning is they specifically say knives. A baseball bat by definition is not a weapon. It only becomes a weapon if used for a purpose that it is not initially intended for. The same can be said about tire irons or rocks. However, a slingshot IS a weapon, and that is what it's purpose is, and would be prohibited.
And how do you know, once I've brought a item ( whatever it is) onto the premises, whether its intended to be a weapon or not? A baseball bat is "easily" used as a weapon. I can make a cutting instrument out of a piece of paper and some 2-part epoxy. ANYTHING can be used as a weapon. What sense does it make to say you can take " this" onto the premises, but not that just because it looks like a weapon? This is the same logic that prohibits "cop-killer" bullets. Or 11 round magazines.
by sjfcontrol
Tue Feb 21, 2012 10:12 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

And does that mean I can't take my small pocket knife, or my base ball bat (sporting equipment) onto ( or into) the "premesis" ?
by sjfcontrol
Tue Feb 21, 2012 10:05 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

Keith B wrote:
sjfcontrol wrote:So would that sign override MPA if posted at the entrance to a parking lot?
Yep. Unless it was your employer's parking lot covered by the Employee Parking Lot exception.

EDIT TO ADD: Actually, on second glance, no. It states premises, so the parking lot would be OK.
You believe that an "ad-hoc" sign mentioning the word " premises" means you need to define " premises" as a "building or portion of a building"? They don't define what law they're referencing.
by sjfcontrol
Tue Feb 21, 2012 9:49 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

So would that sign override MPA if posted at the entrance to a parking lot?
by sjfcontrol
Tue Feb 21, 2012 7:13 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

tommyg wrote:Thank you Fickman for the info that a HOA can no longer
forclose for anything other than dues my son is in
a HOA he has had trouble with it. I won't have
anything to do with any HOA
Unfortunately, that can severely restrict your choices of living quarters if you don't want to live out in the sticks. (Not that there's anything wrong with living in the sticks.)
by sjfcontrol
Mon Feb 20, 2012 11:01 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29325

Re: Can A Landlord Do This?

Constitutional arguments don't apply here. The only thing mentioned above that has any meaning is THAT YOU NEED TO TALK TO A LAWYER familiar with Texas tenant law. Getting legal advice from a gun forum is not a good thing.

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