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02-09-2013, 08:40 PM
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Hotel Room
For self defense purposes, in the state of Texas, do the laws that allow me to have my gun in my hotel room as I would in my home? I do not usually travel alone, and this time I am. I will be at an educational event during the day, in an area where concealed carry is prohibited (educational/school events)
Should I leave it in hotel safe during the day?
Laws/recommendations?
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02-09-2013, 09:59 PM
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Cap, when I stay in a motel/hotel, I am always armed. They are not as secure as some people think. The room keys often don't get turned in or reprogrammed. This includes the card type.
And the safes are not secure. They allow you to program your own code but they all have a master code or key override so they can reset the code when you leave.
When traveling, if I cannot carry my gun legally I carry it in a locking case to and from the motel room. I lock it in the trunk of my car.
I can't speak to the legality of doing it this way but it's a difficult situation and I figure my gun is much safer in my trunk than any motel room.
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02-09-2013, 11:29 PM
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No that makes a lot of sense. it is along the lines of my thinking of what to do.
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02-10-2013, 12:04 AM
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I'm not a lawyer, but I've always been told that as long as you are the legitimate "owner" of that room - your name is on the room registration, it is your correct name, etc. - then the hotel room is considered an extension of your home. I'm also told that same premise is held for the interior of your car or truck - and that it is considered an extension of your home.
Best of luck,
Dave
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02-10-2013, 12:05 AM
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Dave...
That's why I was posing the question to see if eminent domain also extended to hotel room.
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02-10-2013, 01:25 AM
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No legal problem having a gun in your hotel room. Get a lock box and lock it up in your car when you can't have it on your person.
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02-10-2013, 02:02 AM
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OK. So while we have the issue of the legality of in my room covered for this trip and I will be fine then, I still lament every day.
Locking it in the car when I can't have it on my person is not possible parked on school property. I still can't carry every day. (lockdown drill...even a drill....I reach for my carry place when I put the kids behind the wall...) I wish I knew a way to handle this one.
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02-10-2013, 11:31 AM
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I have secured my Glock in the Hotel office safe before with no issues. It's like a safe-deposit box. I had the key to open the box, they had the key to secure the box itself. A cable-secured lockbox in the trunk is also a good idea if that is legal on school property.
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02-10-2013, 12:08 PM
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Quote:
Originally Posted by captorquewrench
Dave...
That's why I was posing the question to see if eminent domain also extended to hotel room.
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Not actually a case of "eminent domain" -- rather a matter of
your temporary quarters being considered your "home" -- I do not practice in Texas but would expect a rented hotel room
to be a place wherein you enjoy the same legal protections that you enjoy in your own home, just the same as if you leased your home under a month to month lease or year to year lease -- for example, the right to be free from illegal searches and seizures. In Louisiana, a hotel room, a rented summer camp, your vehicle, your boat, your ATV, are all considered extensions of your home and you enjoy the same self-defense priviliges as you do in your home. There is a legal term "curtilage" -- the right to be free and secure in your possessions and actions in your home and it's extensions (fenced yard, outbuildings, vehicles) -- it is a generally recognized common law right. If there is a Texas state hotel/motel commission, board or industry group (which I would have to bet there is), you might call them -- they should know the answer -- my best educated thought is that a hotel room in Texas is treated as your home for the duration of your paid stay. Hope this helps.
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02-10-2013, 01:48 PM
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If you find yourself in a situation where you can't lock your gun in your car (like school property, that you mentioned) you can use a small gun safe as mentioned above (not all hotels have in-room safes) with the cable secured to the bed frame, and concealed under the mattress. In addition, I would suggest putting the Do Not Disturb sign on your door, so the maids won't enter. You can always get clean towels, etc from the desk in the evening.
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02-10-2013, 03:38 PM
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Quote:
Originally Posted by captorquewrench
Locking it in the car when I can't have it on my person is not possible parked on school property. I still can't carry every day. (lockdown drill...even a drill....I reach for my carry place when I put the kids behind the wall...) I wish I knew a way to handle this one.
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*
I know a fair number of cops and lawyers who tell the educators in the family to carry something anyway. Something you can deep conceal, like a 442 in a pocket holster, and never let it off your person. They would rather defend their live family member in court after a SHTF moment than other options.
This may not be lawful in some (many) places, and has very real risks. I am not going to advocate one path or another.
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02-10-2013, 04:28 PM
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Quote:
Originally Posted by captorquewrench
Locking it in the car when I can't have it on my person is not possible parked on school property.
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A gun in your car on school property is legal in TX. You're not illegal until you step thru the door and into the building. I go to my grandchildrens' schools frequently and just lock my gun in the car.
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02-11-2013, 07:27 PM
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Aloha,
In Hawaii a hotel room is a legal place to have a gun.
Not so outside. Hawaii is a state that Does NOT honor any other state's CCW permit. Chiefs here Do NOT issue CCW permits at all.
Most hotel rooms have small safes for guests, some do have a charge.
I tell visiting friends IF you have to leave anything in the room that does NOT fit in the safe, leave it under a pile of Obviously very Dirty laundry.
Also same in the rental car. Zip lock bag under used swim gear and wet
towels. Or carry with you. DO NOT leave anything of value in a rental car here in Hawaii.
Our crooks know a rental and can get in/out in seconds.
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02-11-2013, 08:36 PM
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I've always felt pretty comfortable using the safe in my room...once you set the number, you are good to go...a manager would have to come and open it otherwise...I don't see that happening...guess it could, but at some point I have to go with the odds...
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02-11-2013, 08:40 PM
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I just take a Glock and leave it in the safe in the room.
If you are really worried about it take a picture of it in the hotel room safe, and hope if it stolen, they bend over backwords to pay you the cost of the gun.
I don't see it as a big deal.
Emory
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02-12-2013, 02:53 PM
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I've carried concealed some places where I shouldn't-that's why it's called concealed. The only place that I would NEVER EVER NO MATTER WHAT carry any type of weapon is to visit a client in a correctional facility or into a federal facility. Several times I have had to do an abrupt about face and leave the line realizing I had forgotten something in my pocket. If there ain't no metal detector and I REALLY feel the need, I'm carrying and if I have to I'll deal with it later. This is NOT legal advice, just an opinion of some schmuck on an internet board.
And as far as hotel rooms are concerned your bigger problem are the cooties on the TV remote, the phone, on the bed covering and on the carpet
Cajun's rule-carry a can of lysol in yo car!
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02-12-2013, 03:54 PM
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You should always check the laws of the state you are staying in. I carried on a family trip recently and in one state I was legal in my car, legal in the hotel, but I couldn't carry from the car to the hotel.
In another state I wasn't legal doing anything except keeping the gun unloaded, in a locked box, no ammo available, and out of reach.... You all know which state I'm talking about....
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02-12-2013, 04:44 PM
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Yes, you may.
http://www.txdps.state.tx.us/interne...rms/chl-16.pdf
As far as a hotel safe, why use one, carry it. If you have to go into a school, lock it in your trunk. I don't support that, but the law does not permit the carry on school property, without written permission from that ISD. So what else can you do? If you leave it at the hotel and have a flat halfway across town after you miss your exit and wind up in south Dallas at night that gun is no help at all in a hotel safe.
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02-12-2013, 08:07 PM
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I used to fret over taking my handgun (usually a revolver) into a hotel and having to leave it there. I got tired of worrying about it and changed to taking an autoloader that I can take apart easily and quickly. When I have to leave the room for the day, I take the thing apart and throw the barrel in my briefcase or a jacket pocket, take that with me, and leave the frame and slide separated in the room safe or locked in my luggage. If anyone gets in the safe, they aren't going to hurt me or anyone else with the pieces and parts.
In the situation you seem to describe, I would take the gun along in the car and leave it there in a locked briefcase when you go into the school building - as long as the inside of the car doesn't get too hot. If it will, I'd just leave it in the hotel.
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02-12-2013, 08:12 PM
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Man some of you guys sure like to worry.
I think Cage has the most balanced viewpoint.
Emory
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02-13-2013, 03:58 PM
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Quote:
Originally Posted by XD40inTX
A gun in your car on school property is legal in TX. You're not illegal until you step thru the door and into the building. I go to my grandchildrens' schools frequently and just lock my gun in the car.
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But if you are an employee of that school you may have problems with school policy even though legal.
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02-14-2013, 02:45 PM
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Quote:
Originally Posted by Pootie
But if you are an employee of that school you may have problems with school policy even though legal.
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Very good point. In fact, there was recently a story on the news about a teacher in TX who was fired for having a gun locked in her car in the school parking lot. I stand corrected.
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02-14-2013, 07:03 PM
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Didn't the last Texas legislature prohibit employers from prohibiting their employees from locking guns in their cars? Any reason this wouldn't apply to school employees?
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02-15-2013, 12:26 AM
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Cap you are legal in the hotel room including the trip to and from your vehicle.Possession on school property as long as a school sponsored is legal with a Texas CHL, no Texas CHL you are breaking Federal Gun Free Zone law. Property is stated as parking lots,outdoor areas etc. Carry on school premises( basically indoors) is only allowed only with Texas CHL and permission of school authority. The only spoiler i can think of would be your school district policy forbidding firearms at even off property school functions.With a Texas CHL you would not be illegal in the parking lot but if discovered you are subject to their discipline or termination. PM if you need direction to a very good source for these kinds of questions.
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02-15-2013, 09:19 AM
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I finally broke down and googled the question and found a ton of stuff on this issue. Here's an (non-copyrighted) excerpt from one of the more concise discussions -
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As of September 1, 2011, most Texas employers cannot prohibit employees from possessing guns in their locked, personal vehicles on employers’ premises. Texas Senate Bill 321 (“SB 321”) – which Governor Rick Perry signed into law on June 17, 2011, and which goes into effect on September 1, 2011 – restricts public and private employers from prohibiting an employee who holds a concealed handgun license or “who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition” from transporting or storing firearms or ammunition in a locked, privately owned motor vehicle located in a parking lot, parking garage or other parking area the employer provides for the employee. There are exceptions to this prohibition:
Employees still cannot possess firearms in locations prohibited by state or federal law (e.g., Texas Penal Code § 46.03 prohibits individuals from possessing firearms on school premises, secured areas of airports, polling places, and other locations);
The prohibition does not apply to: (a) school districts; (b) open-enrollment charter schools;
(c) private schools;....
Haynes and Boone, LLP | Newsroom | Texas Employees Receive New Gun Rights
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It looks to me like, since premises does not include school parking lots for CHL holders, a school district could not prohibit a CHL holder from locking their handgun in their car parked on school property, but they can prohibit them for employees since this new law does not apply to school districts. Where do we find the geniuses who write this stuff?
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04-15-2013, 10:25 AM
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I'd never leave anything I valued in a hotel room safe.
Your personal defense firearm is for your self protection...Keep if handy.
.
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04-15-2013, 11:26 AM
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Just a thought......
Concealment T Shirt Holster
Very deep concealment, but ya still got it on ya.......
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04-21-2013, 02:18 PM
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Quote:
Originally Posted by XD40inTX
A gun in your car on school property is legal in TX. You're not illegal until you step thru the door and into the building.
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That's my understanding of the law as well. I believe Texas also passed a law that prevents an employer from prohibiting an employee from having a gun in the vehicle while parked on the employer's lot.
The problem with all this is that it does not necessarily allow an individual who lacks a CHL to remove the gun from the vehicle and transfer it to the trunk. The instant the gun is removed and in the possession of the owner outside the vehicle - depending on where the vehicle is located - he may be subject to arrest.
Last edited by Jeffersonwasright; 04-21-2013 at 02:26 PM.
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04-21-2013, 02:25 PM
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Quote:
Originally Posted by Hill_Country
Employees still cannot possess firearms in locations prohibited by state or federal law (e.g., Texas Penal Code § 46.03 prohibits individuals from possessing firearms on school premises
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In the case of private employers, the new statute uses the definition of "premises" as “a building or a portion of a building.” It does not encompass all of the employer’s property, such as private or public driveways, streets, sidewalks, walkways, parking lots, parking garages, or other parking areas. I'm 95% certain this also applies to schools.
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04-21-2013, 02:38 PM
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Quote:
Originally Posted by XD40inTX
A gun in your car on school property is legal in TX. You're not illegal until you step thru the door and into the building. I go to my grandchildrens' schools frequently and just lock my gun in the car.
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That is true if the person has a Texas CHL. However, if not then then its not. In fact some schools in Texas have no gun signs but not 30.06. The 30.06 sign would also apply to permit holders. So if she does leave it secured in the vehicle in a school parking lot, she should have a permit.
So I am not sure she is legal if she does not have a permit.
In the motel room however, the castle doctrine applies whether she has a permit or not.
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04-21-2013, 02:40 PM
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To me its very simple. If im out of state and dont know the laws inside and out i dont carry. Thats all!
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04-21-2013, 02:50 PM
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Old saying comes to mind....
"I'd rather be judged by 12 than carried by 6"
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04-21-2013, 03:29 PM
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Quote:
Originally Posted by Bkreutz
Old saying comes to mind....
"I'd rather be judged by 12 than carried by 6"
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Yea there are a lot of old sayings. Dont mean the 12 are gonna side with ya!
There is also an old saying that goes.....not knowing tge law is not an excuse.
My point is that i made it to 21 (legal age of carry) without getting killed, muged, assaulted. I often have to travel to NJ (in fact tomorrow) where no one can carry. Take vacations to Europe, Canada and some states that dont allow carrying a firearm. Its not tge end of the world.
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04-21-2013, 04:05 PM
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I have not read the many replys. I dont claim to be perfectly legal on deals like this. Not counting when you/we were partying teenagers as a mature adult thats trying to drive under the speed limit, how many of us have ever had your car and trunk searched? I NEVER have. I HAVE seen it fairly often with young people traveling through my area that obvisely dont seem to know their rights or have the nerve to tell leo no, if you want to search, have your supervisor drive out here with a warrant.
I am not talking about a military base or defense plant here am I? My job involved many vehicle searchs as a guard at a defense plant. I never found any guns but my partners did.
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