Not happy with the downtown Austin Hilton

[TxCommish]

I just returned from a conference there. It was "posted." I let them know I didn't like it with the following email.


Dear Sirs,

I would like to inform you of a complaint I have about the downtown Austin Hilton Hotel. I was in Austin along with several other county elected officials for a conference held at your facility. The conference was hosted by the Texas Association of Counties and took place August 24-26, 2009. My complaint centers on the posting of signs prohibiting the licensed carry of concealed handguns on hotel property. I was not only disturbed that your policy prohibited me from carrying my licensed concealed handgun on your property. But, that it also appeared to be an open invitation to criminals to take advantage of your “gun free zone” to perpetrate crimes on your unarmed guests. In my mind, it is simply nothing short of dangerous and irresponsible to “advertise” for all to see that guests, walking out of your hotel on their way to a local restaurant or nearby business meeting, have been rendered unable to defend themselves. The concealed carry laws in Texas were enacted for very good reasons. And, those reasons are often just outside your hotel doors. In fact, I would venture a well educated guess that they don’t go away within your hotel either just because you posted a sign disarming concealed carry permit holders.

As an elected official in the public eye who sometimes makes very public decisions some disturbed individual or criminal may not like, I choose to carry a concealed weapon. I carry it always, hoping as every concealed carry license holder does, that I will never have to use it. I am not a vigilante, nor am I a “cowboy.” I am a duly elected official of a county of over 220,000 population sworn by an oath of office to uphold the laws of this great state. I’m able to carry my handgun after completing a state mandated concealed carry firearms course. After being subjected to countless background checks, including an FBI background check. After submitted my fingerprints to state and federal authorities, and after agreeing to have much of my personal information shared among those agencies.

I complied with the law and your policy, but, only because I had no other choice in the matter since yours was the host hotel for our conference. Please know that I am very involved with the Texas Association of Counties and will shortly be sharing my disappointment with their choice of host hotel with their Executive Director. Since this state association represents several thousand county elected officials in 254 Texas counties, the relocation of future TAC conferences due to your concealed handgun policy could result in a substantial revenue loss to your company for this and possibly other Hilton Hotel locations. I would hope a change in your licensed concealed handgun carry policy would avert any such unfortunate outcome.

A personal reply to this email and its subject matter is requested.

Sincerely,

Honorable William ********
County Commissioner
County of *****, Texas

[Utopia54]

Very well written and point well taken. Keep us informed.

[seamusTX]

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

- Jim

[USA1]

good job !
thank you for standing up for our rights .

[The Annoyed Man]

Well done, sir. I would be curious as to their reply...

...if they do you the courtesy of a reply.

[Reloader]

Will reply only if you went to UT...

[joe817]

A very well thought out and worded letter! Thank you on behalf of all CHL holders in our great State!

[HankB]

Good for you!

It doesn't hurt to make your displeasure known. A couple of years ago when traveling in Minnesota, the hotel I was staying at had the equivalent MN sign. It turned out the regional manager was there, talking to guests during breakfast, and I courteously and politely let my displeasure be known . . . along with the fact that, because of the sign, the night before I and several colleagues chose to dine elsewhere.

And during future trips, we would be seriously considering other accomodations.

The sign was removed by the time I got back to the hotel after work. (I made a point of thanking him afterwards.)

[redoregon]

I can only say, with the greatest of admiration, that you rock, sir.

Your position should help to drive home the point. Of course, a person's job or position shouldn't make a difference, but we don't live in a perfect world. Thank you not only for sending that letter, but for sharing it with us. Your wording, modified depending on the circumstance, is an excellent example for future use.

[.45mac.40]

YES SIR !!!! I see why you get things done ..... 'cause "YOU GET EM' DONE !!"
So many of us would only complain and not follow up ... just human, I guess ...
I'm fairly new, living in Texas... But now I see why you have that "Saying" here .... "GIT..ER' DONE !"
Thanks for sharing !
Thanks for being here !
Mac .45 >>>> %%%

[03Lightningrocks]

LOL...I carried concealed around that hotel for three or four days not realizing it was posted. I came in from the parking garage and there was no sign at that entrance.


Nice letter...

[TxCommish]

LOL...I carried concealed around that hotel for three or four days not realizing it was posted. I came in from the parking garage and there was no sign at that entrance.


Nice letter...

It was the second day before I noticed the signs after venturing out for lunch because I also first came into the hotel through the garage entrance. I double checked the garage entrance when I was leaving today and sure enough, no signs.

Thank you all for the comments. It just really made me mad and I couldn't let it go! I also called the hotel when I arrived home and asked to speak with a manager. They assured me that one would "get back to me." So far, no return call or email. I will keep y'all posted as to any sort of reply.

[Dexdahex]

Thanks for the infomation about the Austin Hilton...My family and I will not stay there...keep us in the loop

[mr.72]

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.

[seamusTX]

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