New Year's eve arrest at Houston Hyatt

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flowrie
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Re: New Year's eve arrest at Houston Hyatt

#16

Post by flowrie » Sun Dec 31, 2017 5:50 pm

Soccerdad1995 wrote:It looks like Houston PD got this right in the end. He was a registered guest in the hotel, so 30.06 / 30.07 would not apply to the handguns he had in his room, and would obviously never apply to the AR. Plus it doesn't look like he was actually carrying any guns while he was intoxicated.
.
I believe he broke the law when he entered the hotel with the handgun, so 30.60 / 30.07 does apply to the handgun in the room. The handgun did not enter the hotel on its own, he carried it in.
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Re: New Year's eve arrest at Houston Hyatt

#17

Post by dlh » Sun Dec 31, 2017 5:55 pm

I read somewhere the hotel personnel asked him to leave the hotel and he refused. Even did so in the presence of the officer. Textbook trespass.

Remains to be seen what the justice system will "finally" charge him with.

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Re: New Year's eve arrest at Houston Hyatt

#18

Post by Flightmare » Sun Dec 31, 2017 6:05 pm

flowrie wrote:
Soccerdad1995 wrote:It looks like Houston PD got this right in the end. He was a registered guest in the hotel, so 30.06 / 30.07 would not apply to the handguns he had in his room, and would obviously never apply to the AR. Plus it doesn't look like he was actually carrying any guns while he was intoxicated.
.
I believe he broke the law when he entered the hotel with the handgun, so 30.60 / 30.07 does apply to the handgun in the room. The handgun did not enter the hotel on its own, he carried it in.
Is it your contention then that anyone without an LTC who purchases a handgun and takes it home is in violation of unlicensed carry?
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Re: New Year's eve arrest at Houston Hyatt

#19

Post by RottenApple » Sun Dec 31, 2017 6:07 pm

Do we even know if he had an LTC or not? If not, then 30.06/.07 don't apply. but I haven't read anything that says he had an LTC.

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Re: New Year's eve arrest at Houston Hyatt

#20

Post by flowrie » Sun Dec 31, 2017 6:45 pm

RottenApple wrote:Do we even know if he had an LTC or not? If not, then 30.06/.07 don't apply. but I haven't read anything that says he had an LTC.
Good point, I assume he had an LTC. However, if he has no LTC, then he would be guilty of carrying concealed without a license. Law says he can keep concealed in his vehicle without a license in Texas, but once he steps outside of the car concealed he is guilty, if he is not on his own property or directly in route to/from his vehicle. See Texas PC 46.02.

If he had any common sense, he would have left the guns locked up in his vehicle and not get drunk and belligerent.
He might avoid prosecution on a technicality, but it will cost him nevertheless.

The other comment about your taking a gun into your own home is ridiculous, unless you are a convicted felon or other person prohibited from possessing a firearm.
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Re: New Year's eve arrest at Houston Hyatt

#21

Post by Flightmare » Sun Dec 31, 2017 7:03 pm

The subject of having a pistol in a hotel has been discussed in this thread from years ago.

http://www.texaschlforum.com/viewtopic.php?t=36063

The general consensus seems to be that the hotel room is under your control and therefore legal to have a pistol there, whether one had an LTC or not. People are legally allowed to transport their firearms to/from their vehicle to their residence, regardless of having an LTC. Therefore, he would not be in violation of the law for carrying them in his luggage to his room. I mentioned bringing a pistol home earlier because you said he would be in violation of 30.06 because he carried it in. This is no different than someone carrying their pistol home from the store after purchasing it legally. (disclaimer: IANAL)
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Re: New Year's eve arrest at Houston Hyatt

#22

Post by sailor2000 » Sun Dec 31, 2017 7:29 pm

Flightmare wrote:The subject of having a pistol in a hotel has been discussed in this thread from years ago.

http://www.texaschlforum.com/viewtopic.php?t=36063

The general consensus seems to be that the hotel room is under your control and therefore legal to have a pistol there, whether one had an LTC or not. People are legally allowed to transport their firearms to/from their vehicle to their residence, regardless of having an LTC. Therefore, he would not be in violation of the law for carrying them in his luggage to his room. I mentioned bringing a pistol home earlier because you said he would be in violation of 30.06 because he carried it in. This is no different than someone carrying their pistol home from the store after purchasing it legally. (disclaimer: IANAL)
Are you saying being a registered guest and transporting in your luggage to your room negates the 30.06 notice? Not arguing, trying to learn.
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Re: New Year's eve arrest at Houston Hyatt

#23

Post by Flightmare » Sun Dec 31, 2017 7:39 pm

sailor2000 wrote:
Flightmare wrote:The subject of having a pistol in a hotel has been discussed in this thread from years ago.

http://www.texaschlforum.com/viewtopic.php?t=36063

The general consensus seems to be that the hotel room is under your control and therefore legal to have a pistol there, whether one had an LTC or not. People are legally allowed to transport their firearms to/from their vehicle to their residence, regardless of having an LTC. Therefore, he would not be in violation of the law for carrying them in his luggage to his room. I mentioned bringing a pistol home earlier because you said he would be in violation of 30.06 because he carried it in. This is no different than someone carrying their pistol home from the store after purchasing it legally. (disclaimer: IANAL)
Are you saying being a registered guest and transporting in your luggage to your room negates the 30.06 notice? Not arguing, trying to learn.
Once again, IANAL. I would imagine that the 30.06 notice applies to the common areas the same as it does in apartment complexes. You are prohibited from carrying in the office for example, but they cannot prohibit you from possessing the weapon in your apartment. They cannot prohibit you from transporting firearms between your car and your legal residence (whether it is a residence for a single night, month, or for an indefinite amount of time). Again, this is just my interpretation. I welcome any legal corrections.
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Re: New Year's eve arrest at Houston Hyatt

#24

Post by kw5kw » Sun Dec 31, 2017 8:06 pm

:iagree:
flowrie wrote:Good news!
However, guns and alcohol should not be mixed.

http://abc13.com/police-man-had-no-inte ... l/2844041/
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Re: New Year's eve arrest at Houston Hyatt

#25

Post by howdy » Mon Jan 01, 2018 12:20 pm

This was just on Fox News along with the guys picture. It is amazing how fast your world can turn. I feel he will beat the gun charges. It will probably get reduced to drunk in public. I hope I never get stopped on the way to the range or my farm. I always have a much larger "arsenal" when I go to those places.
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Re: New Year's eve arrest at Houston Hyatt

#26

Post by sbrawley » Mon Jan 01, 2018 12:29 pm

Soccerdad1995 wrote: If he takes them to his vehicle, then my understanding is that as soon as he walks up to his truck, drunk, and with keys in hand, he could be charged with DUI (LEO's please correct me if I am mistaken here).
If I’m remembering correctly, I’ve been told by deputies that you must be in the drivers seat with the key in the ignition to meet the elements of a DWI.
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Re: New Year's eve arrest at Houston Hyatt

#27

Post by roadkill » Mon Jan 01, 2018 2:49 pm

sbrawley wrote:
Soccerdad1995 wrote: If he takes them to his vehicle, then my understanding is that as soon as he walks up to his truck, drunk, and with keys in hand, he could be charged with DUI (LEO's please correct me if I am mistaken here).
If I’m remembering correctly, I’ve been told by deputies that you must be in the drivers seat with the key in the ignition to meet the elements of a DWI.
Well let’s muddy the waters a little. Dads f150 has no key, only a key fob. You must have the key fob with you for the push button start/stop button start the truck. If you are sitting in the drivers seat with that fob while looking for something would that be the same as “key in the ignition”? No idea what vehicle he had but this could be the case.

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Re: New Year's eve arrest at Houston Hyatt

#28

Post by sbrawley » Mon Jan 01, 2018 7:50 pm

roadkill wrote:
sbrawley wrote:
Soccerdad1995 wrote: If he takes them to his vehicle, then my understanding is that as soon as he walks up to his truck, drunk, and with keys in hand, he could be charged with DUI (LEO's please correct me if I am mistaken here).
If I’m remembering correctly, I’ve been told by deputies that you must be in the drivers seat with the key in the ignition to meet the elements of a DWI.
Well let’s muddy the waters a little. Dads f150 has no key, only a key fob. You must have the key fob with you for the push button start/stop button start the truck. If you are sitting in the drivers seat with that fob while looking for something would that be the same as “key in the ignition”? No idea what vehicle he had but this could be the case.
I'm not a lawyer, but these elements make the vehicle inoperable by removing the driver and the means to start the vehicle and therefore wouldn't meet the driving part of the law. In your case, I would say yes, it's the same as having the key in the ignition since all you have to do is push the button to start which operates the same as having the key in the ignition.
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Re: New Year's eve arrest at Houston Hyatt

#29

Post by TreyHouston » Mon Jan 01, 2018 11:22 pm

We are getting a little sidetracked here! Lets keep it on track so we keep the thread open. We should get final charges IF ANY in a few days or so....
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Re: New Year's eve arrest at Houston Hyatt

#30

Post by Soccerdad1995 » Tue Jan 02, 2018 3:22 pm

Flightmare wrote:
sailor2000 wrote:
Flightmare wrote:The subject of having a pistol in a hotel has been discussed in this thread from years ago.

http://www.texaschlforum.com/viewtopic.php?t=36063

The general consensus seems to be that the hotel room is under your control and therefore legal to have a pistol there, whether one had an LTC or not. People are legally allowed to transport their firearms to/from their vehicle to their residence, regardless of having an LTC. Therefore, he would not be in violation of the law for carrying them in his luggage to his room. I mentioned bringing a pistol home earlier because you said he would be in violation of 30.06 because he carried it in. This is no different than someone carrying their pistol home from the store after purchasing it legally. (disclaimer: IANAL)
Are you saying being a registered guest and transporting in your luggage to your room negates the 30.06 notice? Not arguing, trying to learn.
Once again, IANAL. I would imagine that the 30.06 notice applies to the common areas the same as it does in apartment complexes. You are prohibited from carrying in the office for example, but they cannot prohibit you from possessing the weapon in your apartment. They cannot prohibit you from transporting firearms between your car and your legal residence (whether it is a residence for a single night, month, or for an indefinite amount of time). Again, this is just my interpretation. I welcome any legal corrections.
That is my understanding as well. But like you, IANAL.
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