30.06 sign at a hotel

30.06 sign at a hotel

This is a discussion on 30.06 sign at a hotel within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My wife was running in a half marathon in Houston last weekend. We booked a room at the Doubletree downtown. As I was entering, I ...

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Thread: 30.06 sign at a hotel

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    Member Array GuyFromHuntsvil's Avatar
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    30.06 sign at a hotel

    My wife was running in a half marathon in Houston last weekend. We booked a room at the Doubletree downtown. As I was entering, I noticed a properly posted no CC sign.

    Isn't a hotel room covered under the Castle Doctrine? Can they really stop you from bringing a firearm to your room?

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    Distinguished Member Array sdprof's Avatar
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    IANAL and did not stay at Holiday in Express. Perhaps someone more knowledgeable on TX law will chime in.

    The 30.06 says no concealed carry, which is carrying on or about your person. Does in your luggage count? I haven't seen that it means you can't possess, just not be carrying.

    So I would take it that stowing in your luggage, then getting it out in your room, should fly. It would only become an issue if you had to use it.

    Just be sure it's well secured if you leave it in the room any time.
    ~~~~~
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    New Member Array hogwylde's Avatar
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    Quote Originally Posted by sdprof View Post
    IANAL and did not stay at Holiday in Express. Perhaps someone more knowledgeable on TX law will chime in.

    The 30.06 says no concealed carry, which is carrying on or about your person. Does in your luggage count? I haven't seen that it means you can't possess, just not be carrying.
    But you're "carrying" your luggage.
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    VIP Member Array Tally XD's Avatar
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    From all I have read once you have rented a room that becomes, technically, your property and is under the castle doctrine law.
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    Quote Originally Posted by hogwylde View Post
    But you're "carrying" your luggage.
    Just "roll it"
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    Even though you "might" get away with CC inside your rented room, you would not be protected in the common areas of the hotel--hallways, lobby, etc. Did the hotel have a 30.07 sign? If not, openly carry in and CC after leaving.

    Personally I would have called the front desk and told them because they are denying you legal access due to the 30.06 sign, they must cancel your reservation at no charge (their fault, not yours) and gone elsewhere. Then I would have had a serious sit down with the Hilton company the next day.
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    Member Array GuyFromHuntsvil's Avatar
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    Correct me if I'm wrong, but in Texas under the Castle Doctrine, aren't you allowed to transport your firearm from your house to your car to your place of business (say that you own your own business) without a CHL? Wouldn't the same apply here?
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    Distinguished Member Array Doogie's Avatar
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    I know in Ohio you are covered in your residence whether it be owned or rented and in your car. So a landlord cannot prohibit you from possession.


    Check here: https://www.irem.org/File%20Library/...edCarryLaw.pdf


    The way I read that the Hotel can prohibit you.
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    VIP Member Array Kennydale's Avatar
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    I prebook rooms. I'd be mad as all out to find after Hours of driving. Id wouldn't say squat to them if only staying one night. If I haven't paid yet Id just boogey down road to next decent motel
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    Distinguished Member Array wsquared's Avatar
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    There is a lot of talk in this thread....but in Texas, a 30.06 or 30.07 sign has the force of law. That means that if you are carrying (concealed for 30.06, open for 30.07) on a posted property, you are committing a criminal offense.

    Disagreeing with the fact that the hotel owner has exercised their legal right to post a sign and prevent people from carrying on their property does not justify an attempt to claim "castle doctrine". If I had a reservation at a hotel and found out that it was posted 30.06 when I arrived, I would have my phone out and be searching for an alternate in under 5 seconds. I would not flinch at the financial sting of paying for one night's charge on the room (if that was indeed the result) because it's a small price to pay to avoid potentially being charged with a criminal offense....or potentially not having my firearm when I NEED it.
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    Quote Originally Posted by wsquared View Post
    There is a lot of talk in this thread....but in Texas, a 30.06 or 30.07 sign has the force of law. That means that if you are carrying (concealed for 30.06, open for 30.07) on a posted property, you are committing a criminal offense.

    Disagreeing with the fact that the hotel owner has exercised their legal right to post a sign and prevent people from carrying on their property does not justify an attempt to claim "castle doctrine". If I had a reservation at a hotel and found out that it was posted 30.06 when I arrived, I would have my phone out and be searching for an alternate in under 5 seconds. I would not flinch at the financial sting of paying for one night's charge on the room (if that was indeed the result) because it's a small price to pay to avoid potentially being charged with a criminal offense....or potentially not having my firearm when I NEED it.
    I simply obey forum rules and go on about my day.
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    Distinguished Member Array wsquared's Avatar
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    That is also a perfectly workable approach, as long as all of the ramifications are thoroughly understood.
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    Distinguished Member Array sdprof's Avatar
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    30.06 says:
    (a) A license holder commits an offense if the license holder:

    (1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code,...

    To carry under that subchapter, would be to openly or concealed carry on or about one's person. In a suitcase doesn't fit that definition, in my thinking. I don't see where the law prohibits possession on the premises, just not "carrying".

    Of course, one could pack an AR in their suitcase, and 30.06/07 have no bearing.
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    ~~~~~
    The only common sense gun legislation was written about 226 years ago.

    I carry always not because I go places trouble is likely, but because trouble has a habit of not staying in its assigned zone.

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    VIP Member Array patri0t's Avatar
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    Upon seeing such signage, had I forgotten to inquire ahead of time, I would simply turn around and make other accommodations.
    At my new, acceptable accommodations, I would go online to my bank and stop payment on the prior credit card transaction, which is very easy and painless.
    A minor inconvenience and a simple reminder to check such things before making reservations. Fool me once, shame on you.....
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    VIP Member Array sammeow's Avatar
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    In Texas, House Bill 333 was signed into law back in 2013 by then govener Perry.
    The Texas bill requires that hotels that restrict the possession, storage or transporting of firearms to inform guests of such policies prior to checking in.

    State Rep. Ryan Guillen, as well as other supporters of House Bill 333, point out that the bill will help to avoid any confusion for concealed carry permit holders. The bill requires hotels to clearly state their firearms policy both on their website and to future guests when confirming reservations.

    Failure for hotels to comply with the proposed law would result in a misdemeanor, punishable by up to a $100 fine.

    So, when making reservations, be sure to check their policies.


    Below is the bill text.



    AN ACT
    relating to requiring notice of a hotel's firearms policy and other
    guest policies; providing a criminal penalty.
    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    SECTION 1. Chapter 2155, Occupations Code, is amended by
    adding Subchapter C to read as follows:
    SUBCHAPTER C. FIREARMS POLICY NOTICE
    Sec. 2155.101. DEFINITION. In this subchapter, "hotel" has
    the meaning assigned by Section 156.001, Tax Code.
    Sec. 2155.102. APPLICABILITY OF SUBCHAPTER. This subchapter
    applies only to a hotel that has a policy prohibiting or restricting
    the possession, storage, or transportation of firearms by hotel
    guests.
    Sec. 2155.103. NOTICE REGARDING FIREARMS POLICY. (a) A
    hotel shall include on the hotel's Internet reservation website the
    hotel's policy regarding the possession, storage, and
    transportation of firearms.
    (b) If a hotel provides a written confirmation or a written
    statement of terms and conditions to a consumer after accepting the
    consumer's hotel reservation by telephone, the hotel shall include
    information specifying how the consumer may review applicable guest
    policies. The guest policies must indicate the hotel's policy
    regarding the possession, storage, and transportation of firearms
    by guests.
    (c) A hotel owner or keeper commits an offense if the person
    does not comply with this section. An offense under this subsection
    is a misdemeanor punishable by a fine of not more than $100.
    SECTION 2. This Act takes effect September 1, 2013.


    ______________________________ ______________________________
    President of the Senate Speaker of the House


    I certify that H.B. No. 333 was passed by the House on April
    25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not
    voting.

    ______________________________
    Chief Clerk of the House


    I certify that H.B. No. 333 was passed by the Senate on May
    17, 2013, by the following vote: Yeas 31, Nays 0.

    ______________________________
    Secretary of the Senate
    APPROVED: _____________________
    Date

    _____________________
    Governor
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