Just had firearm confiscated

bigfug · Sep 19, 2020

Wife and I came to Dallas for the weekend and were having a great time celebrating our 16th wedding anniversary. Sharing a $175 meal in the comfort of our room at the Rosewood Mansion on Turtle Lake when I get a phone call on the room phone from the front desk. The manager is letting me know he is sending security up to retrieve the firearm that housekeeping saw in the nightstand when doing turn down service. The security guard was not happy, as he is a gun guy, said get it first thing in the AM, I don't have to wait till checkout. I didn't want to tell him 2 is one, one is none, but..... 2 is one, one is none. There was not written notice on the door per state law, nor were we informed at check-in. It is in the policies on the website but law states it has to be provided at the time of booking if I read correctly, so I am not sure they are compliant. It was either this option, or check out at 9pm, no charge for the evening. I am going to be taking it up with the hotel director and general manager on Monday. I am also considering seeing if there is something similar to OK2A that may be interested in looking into it. Kind of feel like our privacy was violated and said as much but they said they get in the nightstand for turndown and didn't go into any of the others. So ruined our dinner, and I feel kind of like Jethro in this fancy room now. Guess I should be glad it was my M&P 9C and not my Dan Wesson, and I probably should have put it in the safe, but I have a habit of emptying my pockets in the nightstand drawer, thinking no one should be going through it...

CharlieWH2O · Sep 19, 2020

p238shooter · Sep 19, 2020

What is the houskeeper doing to open the drawer to look for what is in there while you have occupancy? Humm Kinda different than making the bed and changing towels.

MilitantBEEMER · Sep 19, 2020

Not cool that a hotel would do such a thing. Let us know how the conversation with management goes. Also let us know what hotel so we can avoid.

dennishoddy · Sep 19, 2020

If I remember right, the 30-06 law that Texas business have must be posted conspicuously at the entrance to the business. I would hustle down to the main entrance and any other entrance you can find and see if these signs are posted. If not, you may have a leg to stand on to get your gun back.

The Signs

Some establishments choose not to allow weapons onto their premises for a variety of factors. Whether you agree with these reasons or not, it is the choice of the business to decide if they will, or will not, allow firearms.

It is private property after all, and they have the right to say who is and is not allowed on their property, just as you’d expect in your own home.

Your constitutional right to “keep and bear arms” does not supersede their constitutional right to do as they wish with owned property.

If a business doesn’t allow weapons on their property, they must notify their customers with either a verbal and/or written notice and both carry the same weight in court.

Some businesses are required by law to have a sign posted making it clear the legality of carrying a gun onto the property. According to the Texas Alcoholic Beverage Commission, if a business derives 51% of its revenue from the sale of alcoholic beverages for on-premises consumption, they must post a “51%” sign.

If a business derives any revenue from alcohol sales up to 50%, they must post this sign at every entrance:

Notice this sign says “Unlicensed.” So, if you see this sign in a restaurant and have a concealed handgun license, don’t worry, you’re good to go.

Some businesses don’t have a choice, so keep that in mind and don’t be too hard on them.

Signs banning guns are not a friendly suggestion, they actually carry the weight of the law in Texas. But, the sign must be displayed in a particular way in order to be correct. The sign must:

Say the following exactly, in both English and Spanish:

“Pursuant to Section 30.06, Penal Code (trespass by a license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.”

Be posted on the property and be displayed in a conspicuous manner clearly visible to the public. 30.07 signs must be posted at each entrance, but this is not a requirement of 30.06 signs at this time.
Appear in contrasting colors with block letters at least one inch in height.

This means taping a napkin up in the window with “NO GUNS” scrawled across it in Sharpie doesn’t cut it in court.

Texas-no-handgun-sign-30.061-300x250.png

Penal Code Section 30.06 Sign

This is the law written for businesses who do not allow weapons on their property. The offense is called “Trespass by License Holder with a Concealed Handgun.”
https://texas.concealedcarry.com/2019/01/18/30-06-and-30-07-signs-where-cant-you-carry-in-texas/

Capm_Spaulding · Sep 19, 2020

Sucks man. At least they didn’t steal it though. Hindsight and all but x2 on using the safe or putting the dnd sign out so they don’t come in. Don’t let it ruin your weekend though.

bigfug · Sep 19, 2020

p238shooter said:
What is the houskeeper doing to open the drawer to look for what is in there while you have occupancy? Humm Kinda different than making the bed and changing towels.

That's what I am sure of, but I think the coasters and possible signage etc thats normally on the nightstand? I mean this is the fanciest hotel I've stayed in, so my Jethro ass isn't sure. I mean, we do have nice things, and I don't consider myself uncouth, but this place, and part of Dallas is a little different than what I am used to. Lexus partner hotel, and they offer use of an LC500H and an RX450H, so I took out a $100k hybrid sports car to run to Target and the mall earlier.

HiredHand · Sep 19, 2020

Get a lock box that you can travel with. I wouldn’t trust a hotel safe.

Shadowrider · Sep 19, 2020

So who exactly confiscated your gun? Hotel security? Do they have lawful authority to take your property? If they don't have the proper signage I'd be raising holy hell. Sorry your weekend got jacked over such nonsense, and yes, your privacy was most certainly violated.

bigfug · Sep 19, 2020

dennishoddy said:
If I remember right, the 30-06 law that Texas business have must be posted conspicuously at the entrance to the business. I would hustle down to the main entrance and any other entrance you can find and see if these signs are posted. If not, you may have a leg to stand on to get your gun back.

Notice this sign says “Unlicensed.” So, if you see this sign in a restaurant and have a concealed handgun license, don’t worry, you’re good to go.

Some businesses don’t have a choice, so keep that in mind and don’t be too hard on them.

Signs banning guns are not a friendly suggestion, they actually carry the weight of the law in Texas. But, the sign must be displayed in a particular way in order to be correct. The sign must:

Say the following exactly, in both English and Spanish:

“Pursuant to Section 30.06, Penal Code (trespass by a license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.”

Penal Code Section 30.06 Sign

This is the law written for businesses who do not allow weapons on their property. The offense is called “Trespass by License Holder with a Concealed Handgun.”
https://texas.concealedcarry.com/2019/01/18/30-06-and-30-07-signs-where-cant-you-carry-in-texas/

You are correct, but there have been changes to the law that apply to hotels and lodging. From what I can tell, they dont have to have it posted pursuant to 30.06 and 30.07, but if they don't, it has to be provided in writing at check-in, given verbally if reservation is made by phone, or stated on the website at time of reservation. It IS on their website if you go down to the bottom of the page and click policies. My understanding if I read it correctly, is that it has to be shown on the screen, similar to the booking and cancelation policy, terms etc. which I confirmed it is NOT.

Just had firearm confiscated

bigfug

Sharpshooter

CharlieWH2O

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p238shooter

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MilitantBEEMER

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dennishoddy

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Capm_Spaulding

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bigfug

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HiredHand

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Shadowrider

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bigfug

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