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February this year: http://www.texasshooting.com/TexasCHL_F ... 3&start=45" onclick="window.open(this.href);return false;

I still will not darken the door of a Taco Cabana. There are plenty of Mexican restaurants owned by real Mexicans (generically speaking) who live in Texas.

- Jim

TxCommish wrote:I know it's shocking, but, as of right now, I have not heard a squeak from Hilton Austin or Corporate Hilton concerning my phone calls or email. Frankly, I doubt if I will get a response.

I agree.

Getting a large corporation to change this kind of policy is like turning around an oil tanker. Most companies answer nearly all customer complaints. They probably are stonewalling on this issue.

The only reversal that I can recall hearing of was Taco Cabana. In their case, the consensus is that the volume of bad-mouthing on the web got to them.

- Jim

Penal Code 46.15(b)(2). It has been law since the 19th century and has nothing to do with motor vehicles.

- Jim

Thanks, guys.

- Jim

1. If you open-carry based on the traveling exception, you will probably be charged with failure to conceal by a CHL holder. The CHL law has never been reconciled with pre-existing law.

If you try it, let us know how it works out.

2. Routine commuting is not traveling, even if you cross multiple county lines. That's based on case law (I don't have citation).

- Jim

mr.72 wrote:

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?

Yes, I guess that point it irrelevant.

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.

There is a very significant difference: When you are renting an apartment, legal process is required to evict you. When you rent a hotel room, you can be tossed out at the discretion of the manager. They do it all the time with people who are noisy or rowdy.

But I pretty brazenly carry a gun ... when traveling in the state of TX to hotel rooms with little fear of legitimate prosecution. Am I making a mistake?

No. How would you be making a mistake? You can carry under the authority of your CHL or the traveling exception.

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.

I'm sure that a sufficient number of letters would at least cause them to reconsider.

BTW, all Hilton hotels are not owned by the same company. Many are franchises. I don't know to find out which is which except by asking the hotel management.

- Jim

You are correct about open carrying under the travel exception. Of course, you would draw unwanted attention.

Texas law never had a distinction between open and concealed carry until the CHL law passed.

(That is in contrast where unlicensed open carry has always been legal (though currently frowned upon) but concealed carry was made illegal. Some of those laws precede the existence of the United States.)

As you can see on the first page of this thread, I don't agree that a hotel room is premises that you control. We'll never know for sure until it is defined by case law.

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

First, it is not at all clear to me that a hotel room is "premises that you control."

The essential attributes of control of premises are that you can use the premises, allow others to use it, and prohibit others from entering.

You can use a hotel room to a limited extent (you can't modify it, for example, or use a camp stove). You can allow others to visit you, but some hotels will evict you or charge extra if you have an unregistered guest overnight. You can prohibit others from entering only to a limited extent. If you do not let the hotel personnel in when they want access (to clean the room, for example), you'll have the manager calling you. If you don't give him a satisfactory response, he will have the police come and evict you.

The definition of traveling is, as you say, uncertain. If you are staying in a hotel, then you are traveling at least til the moment when you enter the hotel room. There's 19th-century case law that says the traveling exception is not available after you arrive for a short stay in town.

If you travel to another city to attend one-day meeting, then I would hold that you are traveling the entire time.

Of course, concealed means concealed; but if you are somehow found out, judges and juries get to decide these questions.

I am betting that the hotel would not press charges under 30.06, because they would not want the publicity.

- Jim

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

- Jim