Not happy with the downtown Austin Hilton

[killerfly128]

tag for answer

[JJVP]

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

What traveling exception is everyone talking about. There is not "traveling exception" any more. You can carry in your car without a license as long as it is concealed, even if you are just driving from your house to the mail box across the street. You cannot OC. It has to be concealed. Am I missing something?

"PC 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if the person intentionally, knowingly, or recklessly
carries on or about his or her person a handgun, illegal knife, or club if
the person is not:
(1) on the person's own premises or premises under the person's
control; or
(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.
(a-I) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor
that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71 .Of.
(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. In this subsection,
"recreational vehiclen means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary living
quarters and is designed to be towed by a motor vehicle. The term
includes a travel trailer, camping trailer, truck camper, motor home,
and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this
section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the
offense is committed on any premises licensed or issued a permit by
this state for the sale of alcoholic beverages."

[mr.72]

(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.

[seamusTX]

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

- Jim

[Liberty]

What traveling exception is everyone talking about. There is not "traveling exception" any more. You can carry in your car without a license as long as it is concealed, even if you are just driving from your house to the mail box across the street. You cannot OC. It has to be concealed. Am I missing something?

The old Travelling law still exist, The Motorist protection act is something different.

[TrueFlog]

Also, I noticed the recent post by Pucker with the photo of a similar sign. This is exactly what they looked like. Veeeery hard to see. Also, here's a question for y'all. There were actually two signs. One on the window to the left of the door, another on the window to the right of the door. The one on the left was a correctly worded, sized, etc. sign in English. The sign in the right window was a correctly worded, sized, etc. sign (I assume) in Spanish. So, my question. Since the sign on the left window in English does not also contain Spanish wording on the same sign, is it a legal 30.06?

I would think that it is not binding. What you have is two signs, and neither sign contains the words in both languages as required. Then again, if the letters are affixed directly to the glass, one could argue that the entire pane of glass constitutes a single sign. It's a stretch, but that doesn't mean they wouldn't try.

[TxCommish]

Also, I noticed the recent post by Pucker with the photo of a similar sign. This is exactly what they looked like. Veeeery hard to see. Also, here's a question for y'all. There were actually two signs. One on the window to the left of the door, another on the window to the right of the door. The one on the left was a correctly worded, sized, etc. sign in English. The sign in the right window was a correctly worded, sized, etc. sign (I assume) in Spanish. So, my question. Since the sign on the left window in English does not also contain Spanish wording on the same sign, is it a legal 30.06?

I would think that it is not binding. What you have is two signs, and neither sign contains the words in both languages as required. Then again, if the letters are affixed directly to the glass, one could argue that the entire pane of glass constitutes a single sign. It's a stretch, but that doesn't mean they wouldn't try.

Nope. It was two separate pieces of glass. BTW, to update y'all, as of right now 11:29 pm on Friday night, not a squeak from anyone at the Austin Hilton or Hilton Corporate. As Gomer used to say, surprise, surprise!!

[ScottDLS]

What traveling exception is everyone talking about. There is not "traveling exception" any more. You can carry in your car without a license as long as it is concealed, even if you are just driving from your house to the mail box across the street. You cannot OC. It has to be concealed. Am I missing something?

The old Travelling law never still exist, The Motorist protection act is something different.

The old Travelling law ever still exist. It is Texas PC 46.15 (b) (3).

[Liberty]

What traveling exception is everyone talking about. There is not "traveling exception" any more. You can carry in your car without a license as long as it is concealed, even if you are just driving from your house to the mail box across the street. You cannot OC. It has to be concealed. Am I missing something?

The old Travelling law never still exist, The Motorist protection act is something different.

The old Travelling law ever still exist. It is Texas PC 46.15 (b) (3).

Thanks I don't know how that "never" got in there or how I missed seeing it ...

[ScottDLS]

Thanks I don't know how that "never" got in there or how I missed seeing it ...

Liberty -

Hope you didn't take offense to my silly requote. Weak attempt at humor. I see you edited your post.

One of the reasons people miss these exceptions is that they are all the way in PC46.15, where as the prohibitions are in PC 46.02 and 03.

-Scott

[Liberty]

Thanks I don't know how that "never" got in there or how I missed seeing it ...

Liberty -

Hope you didn't take offense to my silly requote. Weak attempt at humor. I see you edited your post.

One of the reasons people miss these exceptions is that they are all the way in PC46.15, where as the prohibitions are in PC 46.02 and 03.

-Scott

I was pleased you noted it, so there wouldn't be confusion. Thanks !!!

[dihappy]

I have worked in hotels most of my life.

I wish i could find an actual code for it, but im pretty sure that any postings would only apply to the public areas of the hotel, and cannot apply to your rented room.

[TxCommish]

Here's another update.

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 may try another "follow up" email, but, I think I pretty much have my answer. I'll post up anything I hear from them, but, I'm not gonna hold my breath. I will also post my association's reaction when and if I get one from them. Stay tuned.

P.S. Thanks for all the supportive and informative comments on this.

[DONT TREAD ON ME]

TxCommish,
Thank you for submitting that letter. Reply or not its great that a person in your position is sticking up for our rights!

Everyone,
This whole traveling thing has got me confused. Just for a better understanding of the law. As a "Traveler" can I OC in my vehicle?

Thanks!

[USA1]

can I OC in my vehicle?

Thanks!

not in Texas