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Hotel "doesn't allow firearms inside or on the property?"

13,923 Views | 29 Replies | Last: 3 yr ago by Ark03
TimParker
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I made a reservation at the Crowne Plaza in Houston and at the end of the phone call, the hotel booking agent said "And, I am required by law to inform you that we do not allow firearms of any kind inside the hotel or anywhere on the property."

I wasn't planning to take a firearm, but am interested in getting my carry permit.

Can someone explain this situation and the legality of it to me? And, is this a policy at all Crowne Plaza hotels? ... and, all of these Holiday Inn subsidiaries?

Thanks in advance.
techno-ag
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AG
How would they know, if it's concealed?
Pro Sandy
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Average Joe
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Castle doctrine extends to hotel stays. Don't need an LTC to have a firearm there. However, you can only carry it from your vehicle directly to the room.

That said, not sure if that protects you from them being able to kick you out if they find out. What they don't know won't hurt them.
htxag09
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Pretty sure hotels can post 30.06 signs and 30.07 signs just like other businesses. Difference being they have to notify you ahead of time, usually via their website but also per the phone call as they did for you.

Traveling so don't have the law, just remember talking with someone about this recently.
ttha_aggie_09
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Average Joe said:

Castle doctrine extends to hotel stays. Don't need an LTC to have a firearm there. However, you can only carry it from your vehicle directly to the room.

That said, not sure if that protects you from them being able to kick you out if they find out. What they don't know won't hurt them.


From what I understand this is correct. I stay in hotels a lot for work and a lot of hotels will have it listed on their website when booking but only a few actually signs posted.

Even then, I am pretty sure the castle doctrine supersedes the 30.06 and firearm rules... as others have mentioned on here, I wouldn't open carry though.
tx4guns
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Are they going to protect you while you stay there? If not, bring your gun and protect yourself. Those rules mean nothing if you're dead. I carry in every hotel I stay in, and they don't know it's there, and if they ask, the answer is no. They cannot legally search you or your bags.
GSS
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Average Joe said:

Castle doctrine extends to hotel stays. Don't need an LTC to have a firearm there. However, you can only carry it from your vehicle directly to the room.

That said, not sure if that protects you from them being able to kick you out if they find out. What they don't know won't hurt them.
I hope this is true, but would like to see the language stating so, whether in the bill, or an AG opinion. Sorta hard just to trust stuff on the Internet.
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BCO07
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AG
1. Conceal it on your person or in your bag
2. Walk in to the hotel
3. Walk to your room
4.????
5. Profit
Ag_of_08
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30.06 and 30.07 would not keep you from having a weapon on the premises, just carrying it concealed or open on your person.

If they have signage posted they do not allow guns, they could arguably pursue trespassing charges against you. I don't know how castle doctrine covers the ability of a private business to determine who is or isn't trespassing.
GrassAg95
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Stayed at Rough Creek Lodge this weekend and they had signs posted outside the main lodge. I thought it was odd...considering it is a hunting lodge.
Bregxit
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GSS said:

Average Joe said:

Castle doctrine extends to hotel stays. Don't need an LTC to have a firearm there. However, you can only carry it from your vehicle directly to the room.

That said, not sure if that protects you from them being able to kick you out if they find out. What they don't know won't hurt them.
I hope this is true, but would like to see the language stating so, whether in the bill, or an AG opinion. Sorta hard just to trust stuff on the Internet.


Quote:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control;
or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.


(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.



It is pretty clear cut.
The Wonderer
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Castle Doctrine extends to your hotel room. The 30.06 and 30.07 signage applies to common areas on the property.
txyaloo
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The Wonderer said:

Castle Doctrine extends to your hotel room. The 30.06 and 30.07 signage applies to common areas on the property.
Which you have to pass through to get to your room, check in, etc.

Assuming they have posted no firearms, or have a 30.05 notice regarding firearms, you also wouldn't be able to transport the gun through the common areas. There's also some discussion as to whether a "no guns" image works as effective notice for 30.05.

Either way, I'd book a different hotel. A no firearms policy or posted 30.06 means they don't want or value my business or safety.
techno-ag
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txyaloo said:

The Wonderer said:

Castle Doctrine extends to your hotel room. The 30.06 and 30.07 signage applies to common areas on the property.
Which you have to pass through to get to your room, check in, etc.

Assuming they have posted no firearms, or have a 30.05 notice regarding firearms, you also wouldn't be able to transport the gun through the common areas. There's also some discussion as to whether a "no guns" image works as effective notice for 30.05.

Either way, I'd book a different hotel. A no firearms policy or posted 30.06 means they don't want or value my business or safety.
I think the "directly en route" portion of the law supercedes the 30.06 notice. Anyway, if it's concealed no one should know, and probable worse case scenario if they find out is they ask you to leave.
The Wonderer
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txyaloo said:

The Wonderer said:

Castle Doctrine extends to your hotel room. The 30.06 and 30.07 signage applies to common areas on the property.
Which you have to pass through to get to your room, check in, etc.

Assuming they have posted no firearms, or have a 30.05 notice regarding firearms, you also wouldn't be able to transport the gun through the common areas. There's also some discussion as to whether a "no guns" image works as effective notice for 30.05.

Either way, I'd book a different hotel. A no firearms policy or posted 30.06 means they don't want or value my business or safety.
The "direct to and from" language supersedes the 30.06 and 30.07 signs, so long as you go directly from your vehicle to your room and leave the weapon in your room, you're fine.
GSS
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The Wonderer said:

txyaloo said:

The Wonderer said:

Castle Doctrine extends to your hotel room. The 30.06 and 30.07 signage applies to common areas on the property.
Which you have to pass through to get to your room, check in, etc.

Assuming they have posted no firearms, or have a 30.05 notice regarding firearms, you also wouldn't be able to transport the gun through the common areas. There's also some discussion as to whether a "no guns" image works as effective notice for 30.05.

Either way, I'd book a different hotel. A no firearms policy or posted 30.06 means they don't want or value my business or safety.
The "direct to and from" language supersedes the 30.06 and 30.07 signs, so long as you go directly from your vehicle to your room and leave the weapon in your room, you're fine.
I guess that's one way to interpret it

Though the language "(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control."


......was probably written with regards "to and from" your house/auto/RV, not via posted private property (the room itself seems to meet the definition of "premises").

Regardless, it's a crappy position for the hotel, and as mentioned, a business to avoid.
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The Wonderer
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Think of it in the same manner as apartment complexes that post .06 and .07 signs and treat it the same.
htxag09
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Yeah I don't think it's as clear cut as people are making it out to be. Texas specifically passed a law a couple years ago requiring hotels to provide any information about restrictions on firearms when prebooking to try and make it clearer. We see how that worked out.

I understand castle doctrine could apply, I also understand there are specific laws on the books giving direction to hotel owners to specifically limit firearms.

IMO, if for some odd reason charges were brought on you, you could win with castle doctrine. However, it may involve a lawyer. I think everyone on this board agrees to just keep the gun out of sight and nobody is the wiser. However, for the actual laws, I think they're a little fuzzy.
The Wonderer
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Sec. 2155.101 thru Sec. 2155.103 merely requires motels/hotels to inform guests via website or writing of their policies. I have not seen were it says anything as to superiority to Castle Doctrine. At most, there appears to be a conflict of laws.
Mateo84
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I was just researching this issue yesterday ... Many other forums seem to agree with the posts in this thread
techno-ag
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The Wonderer said:

Sec. 2155.101 thru Sec. 2155.103 merely requires motels/hotels to inform guests via website or writing of their policies. I have not seen were it says anything as to superiority to Castle Doctrine. At most, there appears to be a conflict of laws.
At most, same would happen if you were caught carrying at the mall or a store with proper signage. You'd be asked to leave.
GSS
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techno-ag said:

The Wonderer said:

Sec. 2155.101 thru Sec. 2155.103 merely requires motels/hotels to inform guests via website or writing of their policies. I have not seen were it says anything as to superiority to Castle Doctrine. At most, there appears to be a conflict of laws.
At most, same would happen if you were caught carrying at the mall or a store with proper signage. You'd be asked to leave.
And lose the room and $$....not exactly the same.
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techno-ag
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Just conceal it well, and no worries.
Stringfellow Hawke
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https://www.uslawshield.com/

I would become a member of this organization or one similar to it.

Remember, you can beat the rap but will have to take the ride..:
EVA3
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TimParker said:

I made a reservation at the Crowne Plaza in Houston and at the end of the phone call, the hotel booking agent said "And, I am required by law to inform you that we do not allow firearms of any kind inside the hotel or anywhere on the property."

I wasn't planning to take a firearm, but am interested in getting my carry permit.

Can someone explain this situation and the legality of it to me? And, is this a policy at all Crowne Plaza hotels? ... and, all of these Holiday Inn subsidiaries?

Thanks in advance.
"Well then, I am informing you that you can cancel my reservation and I will make arrangements to stay elsewhere."
SD_71
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I don't know, but, I travel a lot and usually have one in my bag and one conceled carry. I have NEVER been asked or checked. I possibley think I have stayed in the same hotel as this question is about. Not sure, but I find to the most point the conceled carry law means conceled and if you are truely conceled how do they know. The only place i do not carry is where they have security and metal detectors because there you are bringing a reason for them to look.
The thing I have found most except in the case of metal dectors is don't ask don't tell.
I guess I have listented to so many old people and LEO's that have always said "Better to be tried by 12, than carried by six".
Kenneth_2003
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Its always been my understanding the signage and policy only cover the lobby and other common areas you might be hanging out in. Restaurant, lounges, bars (yeah i know), and conference spaces are all off limits.

The conflict is taking the weapon too and from your room, which is covered as any real property you own or rent and posted above.

Eventually, some unlucky chap will get the honor and expense of being the test case.
frorge
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This is my understanding as well. Signage only applies to the public areas. Once you are in your own room you are legal.

Problem is how to get from your vehicle to your room.
Ark03
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GSS said:

Average Joe said:

Castle doctrine extends to hotel stays. Don't need an LTC to have a firearm there. However, you can only carry it from your vehicle directly to the room.

That said, not sure if that protects you from them being able to kick you out if they find out. What they don't know won't hurt them.
I hope this is true, but would like to see the language stating so, whether in the bill, or an AG opinion. Sorta hard just to trust stuff on the Internet.
There's not been an AG opinion, and to my knowledge as of yet there is no case law on the subject. The almost universal opinion of gun-law proponents is that castle doctrine extends to hotel rooms as they are "in your control," and the universal opinion of opponents and places like the Texas Lodging Association is that "premises under the person's control" in 46.02 does not apply to hotel rooms as there are elements of a hotel room you don't control (others have keys, you can't modify the room, you are charged if you invite overnight extra guests, etc).

You'll see the same discussion everywhere. The most prolific discussion of Texas CHL/LTC laws is probably Texas CHL Forum, run by Charles Cotton, an attorney who has practiced in this area for a few decades (and he works very closely with legislatures on the subject), and who sits on the NRA board. Even their long-term members don't agree on this topic either: https://www.texaschlforum.com/viewtopic.php?f=7&t=27354
Ark03
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frorge said:

This is my understanding as well. Signage only applies to the public areas. Once you are in your own room you are legal.

Problem is how to get from your vehicle to your room.
If that was the only problem it's a bit easier. If we agree I control the premises of a hotel room, then I can walk directly through a lobby to get to my hotel room, and be covered under MPA and 46.02 (similar to walking through shared spaces with a 30.06 sign in an apartment complex), if that's the only way to my apartment.
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