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by srothstein
Thu Feb 11, 2016 10:26 pm
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 18293

Re: Hotel question

Jusme,

30.06 and 30.07 always only apply to people carrying under the authority of their LTC, no matter where or how the signs/documents are posted. A person carrying under the authority of the MPA or the traveling exception would just have to meet those laws.

The biggest question on traveling is how it might not apply once they stop for the night. I am not sure if there are any cases on this in Texas, and the controlling case I know of says that traveling is a fact to be determined by the jury. There is a federal case out of New York that says the stop for the night interrupted the trip and the person was no longer traveling at that point in time. I do not think it could be made to apply to a Texas case, but it could be argued as a reference case.
by srothstein
Thu Feb 11, 2016 10:10 pm
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 18293

Re: Hotel question

I believe it is legal notice for anyone who read it on the web page. The definition of effective notice is any sign or document provided to the LTC. The web site is an electronic document, so if it had the proper wording of the law, it is effective notice to anyone who read it. Nothing int he law requires a sign on the property nor does it require the document be given at the property. It does not even specify that the document be paper or any other specific material.

The interesting flip side of this is that not having the sign on the property means they have not given notice to customers who did not see the web site. Those who read the web site are banned but those who just drop in are not.

In real life, there may be a problem making the case against someone who read the web site may be pretty hard, but we obey the law and will not carry if we have read the web site.

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