Just had firearm confiscated

[chuter]

Do you have their info? I have tried contacting Don Spencer to see what he thought. I am also going to talk to my Uncle who is on the NRA Board to see if he had suggestions. When booking verbally or walk in, they are required to notify verbally or with a card informing of policy, and when I was getting my receipt a gentleman walked in without a reservation and was not informed, so I don't think this place is really in compliance in any aspect.

https://www.gunownerstx.org/

 

[sedona]

If i spent 400 - 1000 dollars a night they should provide me a gun while i am there and a hot naked woman to bring it to me.

 

[1stPersonSafety]

https://www.foster.com/duff-on-hospitality-law/guest-room-privacy-and-the-fourth-amendment

Clearly you were in the process of renting the room therefore you have 4th amendment rights. Since they are only pursuing hotel policy and not criminal law I'm unsure the legal ramifications you may have against them. I guess they are taking over your right to self preservation assuming responsibility for your safety. Will you have access to the gun in the event you go outside the hotel?

Courts have recognized that the Fourth Amendment protection from unreasonable searches and seizures applies to searches and seizures in hotel and motel rooms. Certain exceptions allow for warrantless searches and seizures, (by police) including consent. In broad terms, the consent exception means that a party's agreement, actual or implied to a search and/or seizure renders a warrant unnecessary.

In general, during a guest's stay at the hotel, only the guest may consent to a search of his or her room. While hotel staff members may access the room for cleaning and maintenance during the guest's stay, they are not authorized to allow police to enter the room. Thus, during a guest's tenancy at the hotel, employees should not allow police to enter the guest's room without a search warrant.

Well, this covers the police being involved in the unlawful search and seizure.

Reading further in this article...

A justifiable ejection will also extinguish a guest's Fourth Amendment protections. A guest's tenancy expires after the hotel has identified grounds for eviction and taken affirmative steps to repossess the room.

Examples of what courts have found to be valid grounds for eviction include

• • Raucous behavior.
  • Illegal activity, including storing illegal drugs.
  • Failure to pay for the hotel room.
  • Intoxication, disorderly conduct, and carrying a gun in the hotel.
  • Odors of marijuana (except in those states that have now legalized recreational use) and complaints of loud noise.

So now I'm totally cornfused.

Respectfully, the Constitution is a restriction on government. It does not apply to hotel management (unless they are acting as an agent of the police).

For law enforcement to enter the room, they must have one of the following:

• Consent
• Warrant/court order
• Exigent circumstances (some sort of emergency)
• Hot Pursuit

Regarding being an agent of the police, law enforcement may not circumvent the above by asking a manager or maid to go search a room; however, if for instance, a maid was cleaning a room and saw a kilo of cocaine on the nightstand and called the police, that information could be used by the police to obtain a search warrant.

The 2-3-4 Rule explains the terms used above.

 

[Okie4570]

Security Guards, armed or unarmed, are not LEO unless things are different in TX. They have no more authority to arrest or confiscate than you or I walking down the street.

 

[Oklahomabassin]

If i spent 400 - 1000 dollars a night they should provide me a gun while i am there and a hot naked woman to bring it to me.

I like the way you think.

 

[maximus]

How about the missing envelope that had $9,500 dollars in it, right next to your firearm? What did they say about that and getting that back?...lol

 

[dennishoddy]

I don't trust them, but will start traveling with my own. I never did leave the room without a gun, but I did leave one in the room. Two is one, one is none. Rooms here range from $430 a night to over a $1k for a suite, plus more if you want breakfast included etc. so I assumed that it would be safe to leave in the nightstand. They have a $100k Lexus available for guests, and about every piece of luggage rolled in was Gucci, Fendi, or LV, and every room comes with concierge service. Like I said, I felt like Jethro Clampet, but enjoyed myself. Think Four Seasons or Waldorf level, not the kind of place items left in room disappear. Usually stay at Omni, or Ayatole but splurged for our anniversary.

Don't let anybody shame you for spending some jack on a special occasion.

 

[emapples]

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...

I think you will find that almost every hotel hast his same policy “they don’t want firearms on the premises”. Hilton, Marriott, you name one and they all pretty much have a similar policy. Before Covid I stayed in a hotel sever nights a month and the solution was simple! Don’t leave your gun in your room!! NOT EVER take it with you everywhere you go. All of the hotels I have in have this policy and I ignore but I follow the one simple rule the gun goes with me everywhere. Yeah I have almost taken it on sales calls and had to walk it back to the car at times but I have never left it in a hotel room. Once you know the rule it’s easy it always leaves the room with you either contacted on your person or inch a backpack or briefcase etc.

 

[emapples]

Well it is ridiculous that they confiscated it but I can't imagine leaving a gun in a hotel nightstand when I'm not in the room.

+1 this is how i get around the rule.....which is to say avoid getting caught

 

[dennishoddy]

I think you will find that almost every hotel hast his same policy “they don’t want firearms on the premises”. Hilton, Marriott, you name one and they all pretty much have a similar policy. Before Covid I stayed in a hotel sever nights a month and the solution was simple! Don’t leave your gun in your room!! NOT EVER take it with you everywhere you go. All of the hotels I have in have this policy and I ignore but I follow the one simple rule the gun goes with me everywhere. Yeah I have almost taken it on sales calls and had to walk it back to the car at times but I have never left it in a hotel room. Once you know the rule it’s easy it always leaves the room with you either contacted on your person or inch a backpack or briefcase etc.

No kidding. I had to go to Corporate in OKC for a meeting. Was told to park in a valet lot across the street. I didn't have a secure place in the vehicle to leave the pistol so was danged sure not to leave it anywhere in the vehicle.
The Kimber Stainless 1911 in .45 was with me. Not a small gun and it was summer time with no jacket.
Corporate policy was zero tolerance for firearms in the building.
Found a brown paper sack in the street likely from some homeless buying a fifth of cheap stuff so put the pistol in there and carried it in past security.
Sat on the corner of my desk all day and I was terrified that someone would ask about it but they didn't. When lunch time came around, I stayed in the room saying I had my lunch with me.