Hotel rooms

[kc1911]

Didn't TX pass a new law that allows non-permit owners to have a gun in their car?

I was recently stopped just south of Dallas. DPS told me that it depends whether the counties honor it or not, so its up to their discretion. At my CHL course, there was a warning saying that you might want to consult a lawyer before actually carrying in your vehicle without a permit.

[DefensiveCarry.com]

[BlueNinjaGo]

DPS told me that it depends whether the counties honor it or not, so its up to their discretion.

IANAL, but I would think if you were to be arrested because an LEO ignored a state law, you would have grounds for a lawsuit. What they MIGHT have been referring to was the old law, that said anyone without a permit could carry a loaded and legal firearm as long as they were traveling. The issue was, no one defined what traveling was. Some LEO's were more strict than others. Because of this issue, they defined traveling and so now anyone who's not committing crimes, in the gang registry, or a felon should be able to carry without a permit.

I'm not a lawyer, expert, or LEO.

[SIGP250]

In Texas, without a permit, you can carry in your residence, car, and place of business. I would assume the hotel is considered a residence.

No,

A Hotel/Motel is not an extension of the Castle Doctrine.

A Hotel/Motel is just another business that has rules.

It is not a Dwelling or Domain and is not considered as such.

You will need to abide by any policy of the Hotel/Motel or their operator.

Policy may or may not be posted on the front door.

This is what comes under the heading of "Read the fine print."

This is a legally binding and legitimate disclaimer on behalf of the owner/operator that can normally be found on the agreement when you sign for the room.

If you question the Hotel/Motel policy, the innkeeper has the right to refuse to accommodation to you.

[PSLOwner]

I just hate the confusing nature of "where it is legal to carry".

I mean, come on man, I passed a FBI background check and have a clean record. I should be able to carry in a hotel and while traveling accross state lines.

[Ride4TheBrand]

In Texas, a motel/hotel falls under the definition of "habitation".

Texas Penal Code: 30.01.
DEFINITIONS. In this chapter:
(1) "Habitation" means a structure or vehicle that is
adapted for the overnight accommodation of persons, and includes:
(A) each separately secured or occupied portion
of the structure or vehicle; and
(B) each structure appurtenant to or connected
with the structure or vehicle.
(2) "Building" means any enclosed structure intended
for use or occupation as a habitation or for some purpose of trade,
manufacture, ornament, or use.
(3) "Vehicle" includes any device in, on, or by which
any person or property is or may be propelled, moved, or drawn in
the normal course of commerce or transportation, except such
devices as are classified as "habitation."

Texas Castle Doctrine

SECTION 1. Section 9.01, Penal Code, is amended by adding Subdivisions (4) and (5) to read as follows:

(4) “Habitation” has the meaning assigned by Section 30.01. (see above)

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor [he] reasonably believes the force is immediately necessary to protect the actor [himself] against the other’s use or attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;

SECTION 3. Section 9.32, Penal Code, is amended to read as follows:

Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;

In other words, you're good to go.

[Bark'n]

For hotel rooms, you need one of these!



They only run $10 and you can get them here. Not only is it an alarm, but it wedges the door to keep it from opening. At least long enough for you to gather your wits. (They have pretty fast shipping too. I think I got mine in under a week.

I carry two of them when I travel in case I get a room which has an inside door which leads to an adjoining room. That happens occasionally.

Of course I also have two pistols and a can of Fox OC spray as well as a 120 lumen flashlight, but if the door alarm keeps me from having to shoot or spray someone, then that's what we want, is it not?

BTW, in the hotel at night, I keep my G-23 with an M-3 tac light mounted on the gun.

[SIGP250]

I just hate the confusing nature of "where it is legal to carry".

I mean, come on man, I passed a FBI background check and have a clean record. I should be able to carry in a hotel and while traveling accross state lines.

There are no absolutes. This does not mean that you will be prohibited to carry concealed in Texas at a hotel/motel.
It is simply up to the policy of the Hotel/Motel operator/owner.

1. You can openly tell the clerk/operator that you are carrying.

2. You inform the desk clerk. The Hotel clerk/manager has the right to refuse lodging to you.

If you are armed and display your firearm in any way, it could be considered as banishment of the firearm. The consequent for this can be quite severe.

Most citizens licensed to carry concealed, conceal properly. When you carry concealed, no one knows the difference.

The only way law becomes an issue is after a shooting.

Dead assailants are not a witness and can not testify against you.

If your permit for concealed carry was issued in Texas, you should review your state law. You should also review what states Texas law currently has reciprocity with. This pertains to journey and safe passage of a firearm while traveling from one state to another.

Also, review the extent of the Castle Doctrine as it does or does not pertain to you under Texas law.

[SIGP250]

For hotel rooms, you need one of these!



They only run $10 and you can get them here. Not only is it an alarm, but it wedges the door to keep it from opening. At least long enough for you to gather your wits. (They have pretty fast shipping too. I think I got mine in under a week.

I carry two of them when I travel in case I get a room which has an inside door which leads to an adjoining room. That happens occasionally.

Of course I also have two pistols and a can of Fox OC spray as well as a 120 lumen flashlight, but if the door alarm keeps me from having to shoot or spray someone, then that's what we want, is it not?

BTW, in the hotel at night, I keep my G-23 with an M-3 tac light mounted on the gun.

Ha, Ha,
I thought it was is was a dust buster to clean up the dust mites and possible bed bugs in the room.

[Dihappy]

So it seems to me that the OP is asking about in his motel room only.

Your motel room is like your home. So long as your firearm is legal to possess where the motel room is located you should be fine. You may want to be aware of any "deadly force" laws that may be quirky where you are staying. Also I'm sure you have a plan to secure your firearm when you are not in the room.

A good doorstop is a nice thing to carry with you. Block it under the door at night. I use them for two reasons. Occasionally the desk clerk messes up and double books a room. Nothing like being dead asleep and having someone with a key open the door. The other being the forced entry to do you harm. It will buy you a little time depending on the carpet/tile etc.

As a hotel manager, i can attest to Shelby's statement. Housekeeping and/or desk clerk may at times screw up which results in handing out keys to an occupied room.

Please be sure to always deadbolt, or latch your door any time you are inside.

And never open the door without calling down to the front desk to verify someone should be at your door.

If the you look out the peep and see a little old lady who says "housekeeping" you should be safe :)

[nightsonge]

Depending on the state you may be able to carry while traveling. in Arkansas you can carry if you are on a "Journey" outside of your normal routine. check the laws in each state

Not exactly true, Arkansas has a journey law yes, Legally it's a DEFENSE for a charge of transporting a weapon, it does NOT mean you won't get arrested for it, charged for it, and have to go to court over it. I ran into that many years ago, before CCW's were issued. I won, but it cost me a few hundred dollars to do so, and have my guns returned.

[FastDraw]

Interesting door stop alarms here..... Also always carry a flashlight in addition to your handgun.

Swege - Travel Security Hotel Door Stop - Electronic