NON-CHL travel in Texas, can they bring a gun in hotel room?

P_Pac · #1

Hi,

I have a friend that doesn't have a CHL and asking me if he could carry while Travel from Houston to Dallas. He wants to know how should he carry it in the car and also if he can take it down in a hotel room he'll stay.

What are your suggestions?

Thanks!
P_Pac

Kalrog · #2

I can't think of any reason why not...

seamusTX · #3

In Texas, travelers are permitted to carry handguns legally. No one knows for sure what "traveling" is, but the law says:

(i) For purposes of Subsection (b)(3), a person is presumed to be
traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class
C misdemeanor that is a violation of a law or ordinance regulating
traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section
71.01; and
(5) not carrying a handgun in plain view.

However, Houston is in Harris County; and the district attorney of Harris County will prosecute non-CHL holders caught with a handgun.

- Jim

Paladin · #4

P_Pac

If your friend is worried about transporting a handgun through Harris county, he could lock the handgun in the trunk. That is acceptable to the Harris county DA.

Glockamolie · #5

When he has that hotel room checked out to him, it's basically his "residence". As long as the hotel isn't posted 30.06, then he's good to go, provided he is otherwise legal to own the handgun in the first place.

seamusTX · #6

30.06 applies only to CHL holders.

If you don't have a CHL and you're traveling (whatever that means) you only have to worry about the places covered by 46.03. And if you're in one of those places (schools, etc.), you probably are not traveling.

- Jim

dihappy · #7

If you are not CHL, then i would think that a "simple" sign prohibiting firearms in the hotel would apply to you, as would a verbal warning that guns are not allowed in the hotel.

seamusTX · #8

It would be like prohibiting pets in a hotel room. It wouldn't be a crime (in my non-lawyer opinion).

- Jim

stevie_d_64 · #9

There are a few legal angles to take advantage of for your friends trip this time...

I recommend they get their CHL as soon as they can...Get them to register here, and get info on instructors, and classes back in Dallas (if thats where they live)...

That way next time...No worries...

Glockamolie · #10

seamusTX wrote:30.06 applies only to CHL holders.

- Jim

Sorry about that! I keep thinking about CHL holders, even though in this instance, I know better.

revjen45 · #11

Tx CHL for a non-resident requires a TX ID. I e-mailed the proper authorities to inquire about keeping my TX CHL upon moving to WA State, and was told I would need a TX ID with my WA address. I still haven't figured out if I can do this. Another option is to see if the gun club at my workplace can get someone certified as a Utah instructor. Regards to all from Wetland.

Cofmatt · #12

seamusTX wrote:In Texas, travelers are permitted to carry handguns legally. No one knows for sure what "traveling" is, but the law says:
(i) For purposes of Subsection (b)(3), a person is presumed to be
traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class
C misdemeanor that is a violation of a law or ordinance regulating
traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal shoot gang, as defined by Section
71.01; and
(5) not carrying a handgun in plain view.
However, Houston is in Harris County; and the district attorney of Harris County will prosecute non-CHL holders caught with a handgun.

- Jim

Just curious but do you know of anyone who has been taken to court in Harris County for peaceful travel? I would think that you could get the charges dropped fairly easily since it is a state law. Police officers I have asked say that if you are going somewhere outside of your city overnight that "should" be legal travel.. Driving around town is not.

seamusTX · #13

Cofmatt wrote:Just curious but do you know of anyone who has been taken to court in Harris County for peaceful travel?

No, I don't. It's not the kind of thing that makes the newspapers, and I have no other way of knowing.

While it is quite possible that charges would ultimately be dropped or reduced to something like disorderly conduct, an arrest would result in an arrest record, sitting in a cell with smelly drunks, and hundreds if not thousands of dollars in legal fees. It's worth thinking about.

- Jim

Paladin · #14

Cofmatt wrote: Just curious but do you know of anyone who has been taken to court in Harris County for peaceful travel? I would think that you could get the charges dropped fairly easily since it is a state law.

Yes.

And the ADA pretended not to know about the new law. The person in question got a crappy lawyer (decent ones are over $1,000) and made a plea deal.

HankB · #15

seamusTX wrote:

However, Houston is in Harris County; and the district attorney of Harris County will prosecute non-CHL holders caught with a handgun.

- Jim

RE: Harris County . . . according to a past issue of the TSRA magazine, some LEOs in the area question people they stop about where they're going, how they plan to get there, etc. This MAY be a "fishing" expedition to get a non-CHL holder to say something which can be (mis)interpreted to mean he's through traveling. TSRA recommends that, if you're ever in this situation, you point to your driver's license and tell the officer that your attorney has told you everything he (the officer) needs to know is right there.

It may not endear you to Officer Not-So-Friendly, but it's difficult to use what you don't say against you . . .