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by Keith B
Thu Feb 13, 2014 11:16 am
Forum: General Texas CHL Discussion
Topic: Hotel Stay
Replies: 42
Views: 14262

Re: Hotel Stay

jbarn wrote: Completely safe to do; however, I don't think it necessary. See if my though process makes sense.

46.02 is the applicable offense for this. 46.02 does not differentiate between loaded and unloaded. If I carry an unloaded gun around the mall (minus a CHL) , I can be charged with a violation of 46.02. That said, without a CHL I can carry from my apartment (a rental just like a hotel room) to my car, and from my car back to my apartment. I realize 46.02 uses the phrase "inside of or directly en route to a motor vehicle" I don't think we would tell people who live in an apartment or house (who may park on the street) that they have to unload and pack away the handgun to carry the handgun from vehicle to room.

Agree?

PLUS, we still have a section of law that completely makes 46.02 non-applicable. Just like carry with a CHL, a person who is traveling does not have 46.02 apply to them. A person traveling is not violating section 46.02 by carrying a handgun. While traveling is not defined in the code, it seems to me that staying overnight in a hotel is pretty strong evidence that a person is traveling.

In my opinion, a person staying overnight in a hotel can carry on or about his person a handgun, CHL or not, to and from his vehicle without being in violation of 46.02.

:cheers2:
I don't disagree if you go straight between hotel room and vehicle. Traveling might come into play as well. Not any case law on it, so just have to make sure you have your ducks in a row and your justification by law if anyone quesitons you on the possesion in the hotel. :thumbs2:
by Keith B
Thu Feb 13, 2014 10:15 am
Forum: General Texas CHL Discussion
Topic: Hotel Stay
Replies: 42
Views: 14262

Re: Hotel Stay

jbarn wrote:
rockinar wrote:
maximus2161 wrote: Even if you dont have a CHL couldnt you keep your handgun in your hotel room?

If you don't have a CHL the handgun has to stay in the car. It's a felony if you took it out and brought it in the hotel with you.
A resurrected thread!

That is not true about the handgun having to stay in your car. Penal code 46.02 makes it unlawful to carry a handgun unless you are on your own premises or premises under your control.

A hotel room you rent is as much under your control as an apartment you rent. And I don't see where you got felony from a 46.02 violation that did not involve a location that sells alcohol. :headscratch
To add on to that, to transport it from vehicle to room, just put unloaded in your luggage. reload it (carefully) when you get into your room.

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