srothstein wrote:My fear is that I will have reservations at a hotel, I'll be past the penalty free cancellation time and I pull into the lot and see that even the lot is posted. Now what??? If the building is posted I can leave my gun in the car, even though I don't like that. If the lot is posted, I'm out of luck and out my money.
The posting of the lot is now irrelevant under the law. 30.06 only applies if you are carrying under the authority of your CHL (often confused with displaying the license on demand which applies anytime you have a pistol). You are not using the CHL if the pistol is concealed in the car in Texas, so this would cover you for one night (I know you will look for someplace better for the next night ).
The Annoyed Man wrote:
I was a California resident most of my life until mid 2006. You may not legally have a loaded firearm in your car in California. In fact, if you have ammunition, it must be stored separately, and the firearm (regardless of type) must be locked in an appropriate carrying case - out of reach of the driver. Having the gun in your hotel room is fine, but you may not carry it concealed to and from your car. It must be in its carrying case. It cannot be in your glove compartment. Again, it doesn't have to be in the trunk (for instance if you're driving an SUV, which doesn't have a trunk), but it does have to be out of your reach, locked in its case.
ALSO, California has a 10 round magazine capacity limit, regardless of caliber, for handguns; and a 12 round magazine with only 10 rounds in it is not legal. So, you'll want to make sure that your magazine is California legal.
Doesn't sound like it's even worth it to take it to California. So glad I moved from there in '92.
The Annoyed Man wrote:
I was a California resident most of my life until mid 2006. You may not legally have a loaded firearm in your car in California. In fact, if you have ammunition, it must be stored separately, and the firearm (regardless of type) must be locked in an appropriate carrying case - out of reach of the driver. Having the gun in your hotel room is fine, but you may not carry it concealed to and from your car. It must be in its carrying case. It cannot be in your glove compartment. Again, it doesn't have to be in the trunk (for instance if you're driving an SUV, which doesn't have a trunk), but it does have to be out of your reach, locked in its case.
ALSO, California has a 10 round magazine capacity limit, regardless of caliber, for handguns; and a 12 round magazine with only 10 rounds in it is not legal. So, you'll want to make sure that your magazine is California legal.
Doesn't sound like it's even worth it to take it to California. So glad I moved from there in '92.
You don't spend many nights in hotels do you?
Do you actually think that that 18 year old 110 lb woman or pimply faced boy will rush to your defense when the thug next door decides he wants in your room?
Dial 911 and LEO are only 20 minutes away. Do you recall the CA LEO response time? I lived there 8.5 years, was burglarized 3 times and LEO NEVER came to my house. Police report by mail.
Take your handguns. Your hotel room is your residence.
Anygunanywhere
"When democracy turns to tyranny, the armed citizen still gets to vote." Mike Vanderboegh
"The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." – Ayn Rand
srothstein wrote:My fear is that I will have reservations at a hotel, I'll be past the penalty free cancellation time and I pull into the lot and see that even the lot is posted. Now what??? If the building is posted I can leave my gun in the car, even though I don't like that. If the lot is posted, I'm out of luck and out my money.
The posting of the lot is now irrelevant under the law. 30.06 only applies if you are carrying under the authority of your CHL (often confused with displaying the license on demand which applies anytime you have a pistol). You are not using the CHL if the pistol is concealed in the car in Texas, so this would cover you for one night (I know you will look for someplace better for the next night ).
Do you think most LEOs would see it this way or would some still get you on a 30.06 violation? Or is this a test case scenario??
Thanks, Grillking
......and yes, the next night would be at a different hotel!!
Yes, I do think most LEO's are now aware that it is not unlawful to carry in a car without a CHL. You might need to ask the officer to check with his supervisor and point out the question and your defense to him to get to that point though.
srothstein wrote:Yes, I do think most LEO's are now aware that it is not unlawful to carry in a car without a CHL. You might need to ask the officer to check with his supervisor and point out the question and your defense to him to get to that point though.
Sorry, I wasn't clear. Do you think most LEOs would say the Car Carry Law would take precedence over the 30.06 restriction for a CHL holder? In other words, under which statute would most LEOs consider you to be carrying if you are outed with a firearm in your 30.06 posted hotel parking lot? Not under which statute SHOULD they consider you to be carryng, but under which statute WOULD they consider you to be carrying? Thanks...
srothstein wrote:Yes, I do think most LEO's are now aware that it is not unlawful to carry in a car without a CHL. You might need to ask the officer to check with his supervisor and point out the question and your defense to him to get to that point though.
Sorry, I wasn't clear. Do you think most LEOs would say the Car Carry Law would take precedence over the 30.06 restriction for a CHL holder? In other words, under which statute would most LEOs consider you to be carrying if you are outed with a firearm in your 30.06 posted hotel parking lot? Not under which statute SHOULD they consider you to be carrying, but under which statute WOULD they consider you to be carrying? Thanks...
30.06 does not apply to a non-CHL holder, but there has not been a test case on this since the MVP act was put into place for a CHL holder. There have been previous discussions on this and it just isn't known how it would be ruled.
Personally, I think the CHL is going to override the MVP if it went to trial, but IANAL.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
This is why I think that legislation defining a motor vehicle as an extension of your home, for public roads, parking lots, etc., and for private lots that are "open to the public" (mall, hotel, restaurants, etc.) is the best balance of private property rights and the 2nd amendment.
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