Search found 2 matches

by Tex1961
Mon Mar 15, 2021 12:51 pm
Forum: General Legislative Discussions
Topic: HB 1856
Replies: 8
Views: 16294

Re: HB 1856

jmorris wrote: Mon Mar 15, 2021 12:35 pm Ah, found it.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
....
2) is not:
(A) on the person's own premises or premises 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.

First question, it the room premises under my control?
Second question, does "use is temporary or permanent" apply to both or just an RV? Having "or" instead of "and" would clarify that.
Although if the first applies the second is not necessary.

I guess HB 1856 would clarify this.

I did find this
https://www.txliquorlaw.com/wp-content/ ... tality.pdf
FIREARMS LAW ISSUES IN THE HOSPITALITY INDUSTRY
DEWEY A. BRACKIN, Austin Gardere Wynne Sewell LLP
State Bar of Texas
FIREARMS LAW – WHAT EVERY TEXAS ATTORNEY NEEDS TO KNOW
September 21-22, 2016
Austin

9.Hotels, and the hotel exception as a temporary residence Texas case law states that a "residence" includes a temporary residence and includes such places as hotel rooms. A hotel guest who brings a firearm into his room is therefore by definition not committing a criminal offense. If the person must pass through hallways to get to the room the hotel operator’s only recourse if they wish to ban firearms may be to exclude the guest from the premises upon discovery of the firearm.
Excellent research and conclusion... Which again necessitates the need for the new Bill....
by Tex1961
Mon Mar 15, 2021 7:08 am
Forum: General Legislative Discussions
Topic: HB 1856
Replies: 8
Views: 16294

Re: HB 1856

I think you may be referring to the property code. That applies to leased property such as a condominium and or leased property such as an apartment. Those fall under a different category since they would be considered your castle where as a hotel is a temporary location and is private property. A hotel does have the right to restrict carry whereas your apartment complex doesn’t. So I see HB 1856 as a good and necessary change. I’ll gladly admit I’m wrong if anyone more learned than me has a better answer.

viewtopic.php?t=36063

A good discussion topic here on your question. Which depending on what side of the argument you agree with could make my argument up top mute, that being said there seems to be conflicting rules and laws related to carrying in a hotel thus the reasoning behind the new bill to clarify the law.

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