Good point. I didn't think about it from a breech-of-contract standpoint.Charles L. Cotton wrote:While it can be argued that one's hotel room is under one's control, i.e. temporary abode, if TPC §30.06 language is included in the registration agreement, or if any "no guns" statement is made when registering by phone, then the CHL would violate TPC §30.06 simply by entering the property or building with a gun. It's not your room until you check in and a CHL would have already violated TPC §30.06.
If you were to make your reservations, check in without a gun, then go to your car and enter with a gun, at the very minimum, you would have violated the lease contract. You may quite possibly have violated TPC §30.06, but that's not clear. I suspect no court, jury or appellate court would look too favorably on the defendant who reserved a room knowing of the firearm prohibition then entered with a gun anyway.
This is a well-intended bill that can result in unintended consequences.
Chas.
Search found 2 matches
- Wed Jan 02, 2013 12:42 am
- Forum: 2013 Texas Legislative Session
- Topic: UPDATE: 1/1/13
- Replies: 14
- Views: 2616
Re: UPDATE: 1/1/13
- Tue Jan 01, 2013 6:04 pm
- Forum: 2013 Texas Legislative Session
- Topic: UPDATE: 1/1/13
- Replies: 14
- Views: 2616
Re: UPDATE: 1/1/13
Would posting 30.06 prohibit a license holder from keeping a firearm in his or her hotel room?
The exceptions to 46.02 (Unlawful Carrying of a Weapon) include being:
(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 or watercraft that is owned by the person or under the person's control.
Would a hotel room count as "premises under the person's control"? Would a CHL holder who keeps a gun in his or her room and who carries the gun between the room and his or her vehicle be carrying "under the authority of Subchapter H, Chapter 411, Government Code," and, therefore, subject to PC 30.06, or would he/she be carrying under the same authority as anyone else?
Maybe I'm misinterpreting the law, but I have to agree with Charles that this bill could cause more problems than it would solve.
EDITED TO ADD: I'm not saying I wouldn't be seriously annoyed if I went to check into a hotel and saw the front door posted 30.06, but I think it's important to establish whether that 30.06 sign actually prohibits a patron from having a gun in his/her hotel room or simply prohibits carrying in the hotel's lobby, restaurants, shops, etc.
The exceptions to 46.02 (Unlawful Carrying of a Weapon) include being:
(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 or watercraft that is owned by the person or under the person's control.
Would a hotel room count as "premises under the person's control"? Would a CHL holder who keeps a gun in his or her room and who carries the gun between the room and his or her vehicle be carrying "under the authority of Subchapter H, Chapter 411, Government Code," and, therefore, subject to PC 30.06, or would he/she be carrying under the same authority as anyone else?
Maybe I'm misinterpreting the law, but I have to agree with Charles that this bill could cause more problems than it would solve.
EDITED TO ADD: I'm not saying I wouldn't be seriously annoyed if I went to check into a hotel and saw the front door posted 30.06, but I think it's important to establish whether that 30.06 sign actually prohibits a patron from having a gun in his/her hotel room or simply prohibits carrying in the hotel's lobby, restaurants, shops, etc.