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I am staying at a San Antonio area Hampton Inn. Earlier in the week, I received an email about checkin upgrades, etc and the email directed me to check the website for their firearms policy. On the website was appropriate 30.06 and 30.07 verbiage. I am still in the waiting room, so carrying here was not an option on this trip, but I know to cross this property off my list of hotels to use in the area. When I arrived at the hotel, I searched all entrances and the lobby area for signage and couldn't find any. Is having the information on the website effective notice?

No - not unless they give notice again at sign in as I understand it. However IANAL. If I'm off-base here someone chime in.

Agreed - that is not effective notice. But, IANAL.

To further complicate the issue, however, there is some question of whether or not they could prohibit you from having a firearm in your room or going to/from your vehicle with it. Grey area I suppose.

yes it is legal notice, the law for hotels was changed and requires that if they don't want weapons then it has to be done at the time of the online reservation. so yep its legal notice

JP171 wrote:yes it is legal notice, the law for hotels was changed and requires that if they don't want weapons then it has to be done at the time of the online reservation. so yep its legal notice

guests are expected to read on the hotel's website to get effective notice? I don't recall seeing that in chl16.

I think it is absolutely insane for a hotel to tell me that I cannot bring a gun into my room for self defense! I would NEVER stay in a hotel that is that STUPID! Wow, I feel better now.

IANAL, and I have no idea whether the notice you received was legal. But, I would dang sure let the management know they would never get any of my money.

JP171 wrote:yes it is legal notice, the law for hotels was changed and requires that if they don't want weapons then it has to be done at the time of the online reservation. so yep its legal notice

No it is not legal notice as in 30.06. HB333 only requires they tell you up front their gun policy on their website. Gun policy could have nothing to do with lawful carry, could be as simple as saying no big game rifles allowed in rooms.

http://www.legis.state.tx.us/tlodocs/83 ... 00333F.htm

Solaris wrote:

JP171 wrote:yes it is legal notice, the law for hotels was changed and requires that if they don't want weapons then it has to be done at the time of the online reservation. so yep its legal notice

No it is not legal notice as in 30.06. HB333 only requires they tell you up front their gun policy on their website. Gun policy could have nothing to do with lawful carry, could be as simple as saying no big game rifles allowed in rooms.

http://www.legis.state.tx.us/tlodocs/83 ... 00333F.htm

keep on thinkin that and be a guest of the gray bar hotel, good luck with that

I would say it would be hard press to make an argument it is "legal notice". Upon a search of the penal code, I was not able to locate where posting on a website served as effective notice. Most likely this would have to be worked out in court and I would think it would be rather difficult to do.

However if you had to acknowledge the notice during the booking of your room.......

JP171 wrote:

Solaris wrote:

JP171 wrote:yes it is legal notice, the law for hotels was changed and requires that if they don't want weapons then it has to be done at the time of the online reservation. so yep its legal notice

No it is not legal notice as in 30.06. HB333 only requires they tell you up front their gun policy on their website. Gun policy could have nothing to do with lawful carry, could be as simple as saying no big game rifles allowed in rooms.

http://www.legis.state.tx.us/tlodocs/83 ... 00333F.htm

keep on thinkin that and be a guest of the gray bar hotel, good luck with that

So, I ride thru town and decide to stop at that particular Hampton Inn for the night. No posting & room booked face to face (yes people still do that) with no online activity on my part. What you're saying is that I am in violation. I do NOT think so.

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.

I have a question, if it only listed the 30.06 and 30.07 in there email/Web site, a person not possessing a LTC would not be bound by the restriction and would only be bound by the the laws which allow carrying while traveling. Or am I reading it wrong?

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.

In Texas the carrying of a handgun while traveling get has been an exception under the carrying of prohibited weapons, along with the rental of a hotel room, being an extention of property under ones control just like their home.

srothstein wrote: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.

srothstein, Thankyou for some clarification. I do actually try to follow the rules, and try not to go where I am not wanted. If posted (properly or improperly) I have informed a manager/owner what the signage really meant & why I am going to turn & walk away. There are many businesses that will accept my cash as payment for goods &/or services. I don't feel a need to force the issue. I used to, just not anymore.