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by mr.72
Thu Aug 27, 2009 9:48 pm
Forum: General Texas CHL Discussion
Topic: Not happy with the downtown Austin Hilton
Replies: 53
Views: 6106

Re: Not happy with the downtown Austin Hilton

JJVP wrote: (a2) For purposes of this section, "premisesn includes real property
and a recreational vehicle that is being used as living quarters, regardless
of whether that use is temporary or permanent.
And I think this should cover your hotel room.

The law has been revised and there is no more mention of "traveling".

So I wonder if you can be traveling by means other than your own motor vehicle... Gotta go back and comb through this law.
by mr.72
Thu Aug 27, 2009 2:35 pm
Forum: General Texas CHL Discussion
Topic: Not happy with the downtown Austin Hilton
Replies: 53
Views: 6106

Re: Not happy with the downtown Austin Hilton

MBGuy wrote: Thanks for entertaining the thoughts enough to reply though Jim...
Jim's thoughts are always entertaining :) Not to mention, quite informative.
by mr.72
Thu Aug 27, 2009 1:01 pm
Forum: General Texas CHL Discussion
Topic: Not happy with the downtown Austin Hilton
Replies: 53
Views: 6106

Re: Not happy with the downtown Austin Hilton

seamusTX wrote: I've read many police reports where handguns were confiscated from people in hotel rooms, but it was always in connection with some other illegal activity.
Jim, the same is likely true of people's homes, right?

The restrictions you point out about being in control of a hotel room are little different than those you would be subject to if you were renting a permanent residence. I can't use a camp stove or modify an apartment I rent either, so does a 30.06 sign or other restriction keep me from keeping a gun there? I have to let the landlord in under certain circumstances, just as the hotel maintenance and management must be let into your room. I think renting a hotel room is little different from renting an apartment, house, or a business lease. Different, maybe, but little different.

Suffice to say the PC is ambiguous enough to make all of this go either way in court, as you astutely point out. I am not going to stay in the Hilton in Austin or anywhere else if I have any choice in the matter on principle alone. But I pretty brazenly carry a gun (multiple guns, often) when traveling in the state of TX to hotel rooms with little fear of legitimate prosecution. Am I making a mistake?

I think we should all write letters to the Hilton hotels to let them know we are not going to stay at their hotels because of this policy.
by mr.72
Thu Aug 27, 2009 12:06 pm
Forum: General Texas CHL Discussion
Topic: Not happy with the downtown Austin Hilton
Replies: 53
Views: 6106

Re: Not happy with the downtown Austin Hilton

seamusTX wrote:Remember, if you're traveling, 46.02 does not apply. You can legally carry anywhere except the places prohibited in PC 46.03.

- Jim
Again, we would get to the definition of "traveling". But I would think that 46.02(b)(2) "on his own premises or premises under his control" coupled with the MPA exceptions allowing you to carry between your residence and car would invalidate the posting on a hotel for all intents and purposes, for any guests of the hotel who are actually staying in the hotel, CHL or not. So my wife, for example, who doesn't have a CHL, can CC from the car up to our hotel room and back again, right past the sign, by a precise reading of the law, no?

If you are there utilizing a conference room for some meeting (which appears to be the case) or just to visit the restaurant etc., then MPA + 46.02 exceptions will not help and I would think the 30.06 sign would be in force.

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