Carrying to hotel that is owned by University

[lan40583]

Hey, new member here (had my CHL for almost 2 weeks ), and I have been trying to figure out the legality of an issue I will run into this weekend.

My wife and I are both in graduate school, and this weekend she has a class at a local Private (religious) College. We are planning on staying one night in a hotel/conference center on campus. I have heard that it is legal to keep a firearm with you in a hotel room because it is technically your "temporary abode," but what about if the hotel is owned and operated by a college? I am not sure if the hotel itself is a posted 30.06 location, but obviously that could be the trump card, as I don't plan on carrying if it is posted.

However, if it is indeed unlawful to have a handgun at this particular hotel (owned by the college), would it be illegal to keep my weapon in my vehicle overnight (still on the school's property)?

disclaimer: I do not plan on carrying a weapon anywhere else on campus, the hotel is the only building in question.

[GhostTX]

The way I understand the law, you can carry on the campus, but are not allowed on the "premises", which means entering through a door way or fence line that marks an area (ergo school field, playground, etc).

So, to answer your question. Parking lot ok, but in the school hotel not ok. My $0.02.

Having said that, I've boarded in a dorm room during a church retreat (summer vacation time) and had the gun in my bag.

PC §46.03.

Places Weapons Prohibited
...
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
...
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
...
PC §46.035.

UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
...
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
...
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

[srothstein]

I think the big question is how the hotel is run. If it is run as a hotel by the school or a contractor, for the purpose of providing a less expensive place for visitors to stay, then you are legal to carry there. If it is run by the school as a hotel for the students to learn hotel and restaurant management (much like the hotel on UH's campus) then you would be illegal carrying there.

The question you raise is one of those gray areas where no one can provide a definitive answer. The law forbids the carrying in the premises of the educational institution. It defines premises as a building (not just a fenced yard, IMO), but it never defines what is an educational institution. Some people take it to mean school buildings where classes are taught only. Some take it to include administrative offices of a school. Some take it to mean any building owned by a school. And that is without trying to define what types of schools are meant to be included (driving schools, bartending schools, Montessori schools, etc.).

I can tell you my opinion is that it only includes the buildings actually used for teaching, which is why I pointed out the management scheme for the hotel might make a difference. But that is just my opinion and carries exactly as much weight as anyone else's opinion you might find on the Internet.

[ralewis]

Welcome to the web of confusion that is the patchwork of laws governing CHL in Texas.....

I had a similar situation a few years ago when visiting University of Houston with my son. There is a Hilton Hotel physically adjacent to the School presumably owned by U of H, but operated by Hilton. That's where we stayed. There is also a parking garage under the hotel -- which is also presumably owned by U of H. This was all within the perimeter of the campus. I didn't know we'd have to park in the parking garage (which is a school building I suppose), and I certainly wasn't going to drive home to Austin. I left it in the car overnight while in the Hotel room at night.

Here are a few other scenarios involving Schools that may make your head spin:

-Is your car a school if you are chaperoning a school trip?
-Is a school that on the weekend doubles as a Church off limits?
-What if you home school?

I'd love to see a clean up of the definitions and various laws.

[hirundo82]

I think these kinds of gray areas are a perfect reason that we need to pass a strong college carry bill this next legislative session.