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Caliber

Abraham wrote:Caliber,

Thanks for the posting.

Much appreciated.

For the sake of argument in general: Addressing if one lives in an apartment complex and reading, "So, if you rent a hotel room, does the occupant of the room have the degree of control to restrict access of others onto the property or even their room to the degree of an illegal trespass?"

Insert the word "apartment" in place of "hotel room" - how does the "apartment" occupant have the degree of control to restrict access of others onto the property?

I've lived in a apartment complex's and I had no way to restrict access therefore...

Not arguing with you, just puzzled about the words like "control" when it comes to renting an apartment vs renting a hotel room, i.e., how do they really differ?

I hope I'm clear as I've posted this in haste and have zero time to refine it a bit.

Thanks!

Compare your apartment lease to the hotel's room agreement. They are not similar at all. Your apartment lease transfers real estate rights and obligations while the hotel agreement does not. You can restrict access to your specific apartment.

Caliber

OK, let's take a look:

Sec. 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 or watercraft that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(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. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

So, if you rent a hotel room, does the occupant of the room have the degree of control to restrict access of others onto the property or even their room to the degree of an illegal trespass? No, I don't think so. That's one example of the hotel room occupant not having "control".

If you rent an apartment, does the occupant have control? Yes, probably. Real estate rights and obligations are typically passed to the tenant. The Landlord typically can't even enter the apartment without advance notice.

However, I do acknowledge that the word "control" is not actually defined.

Caliber

Abraham wrote:If I rent an apartment or a house does the landlord have the right to restrict my self defense with a firearm?

If the answer is no, how is renting a room different?

I think it's different. The hotel room is not your "home". You are allowed (by law) to have a firearm in your "home". In addition, I do not believe you have control of the hotel room as you would if you rented a house or apartment.

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