Having a gun in a hotel/motel


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abbyful
August 28, 2008, 12:02 PM
Looking ahead, I may be driving from Kansas to Florida to visit my sister. I don't have a CCW. If I stay at a hotel/motel, is it legal for me to carry in a cased & unloaded gun, load it in the hotel room for the night, and then unload and recase to carry it out? (Of course I'll want to check every state I'll be going through, but I'm not sure what exactly I should be searching for.)

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Art Eatman
August 28, 2008, 12:33 PM
The FOPA says you're fully legal to travel with your firearms. SFAIK, that means unloaded and locked away in the trunk of your car.

Odds are that the intervening states' laws don't say boo-diddly about overnight security in a hotel/motel. Odds are that any hotel/motel you stay in will at most request no concealed carry in any lobby/restaurant/bar.

I've never worried about it. I stay at motels where I can park at the door, and tote any valuables inside. That naturally includes some sort of handgun, and of course it's loaded. :) In the morning I put my stuff back into the car and boogie on.

I've driven quite often through the states through which you'll be travelling. If you're quiet and well-behaved, you don't have to sweat the laws. You don't go to borrowing trouble, they ain't gonna get into the lending business.

Duke Junior
August 28, 2008, 12:45 PM
Odds are that the intervening states' laws don't say boo-diddly about overnight security in a hotel/motel. Odds are that any hotel/motel you stay in will at most request no concealed carry in any lobby/restaurant/bar.

I believe Art Eatman is correct,abbyful.I've just checked the states you would likely pass through on your journey,KS,MO,OK,AR,MS,AL and FL and can find no mention of hotel/motel carry w/o CHP in their off limits places.
I have to travel constantly in my work and his method is exactly the way to go about it,IMO.
A very interesting question that I've never seen asked before.

shooting4life
August 28, 2008, 01:01 PM
You should be fine taking your unloaded locked case firearm into the hotel with you. I do it when I stay in hotels. I am not an attorney, but I do play one on the internet.:rolleyes:

XDKingslayer
August 28, 2008, 01:05 PM
I don't know about other states on your journey, but you won't have a problem with your plans in Florida.

rdalrymple
August 28, 2008, 02:06 PM
You probably won't pass through South Carolina, but if you do you're covered.

SECTION 23-31-230. Carrying concealed weapons between automobile and accommodation.

Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.

Carl N. Brown
August 28, 2008, 02:25 PM
Last time I checked Tennessee law, carrying a gun into a hotel room, which hotel has a bar or restaurant that serves alcohol under the same roof as the hotel room, is legally the same as carrying a gun into the bar, which is illegal.

As with all internet legal advice, this is subject to change and may already be out-of-date.

HIcarry
August 28, 2008, 03:48 PM
Review the relevant state statues for "guns" and "sojourn." Most states allow you to consider your "place of sojourn," such as a hotel/motel, in the same manner as your home.

Technosavant
August 28, 2008, 03:55 PM
I believe Art Eatman is correct,abbyful.I've just checked the states you would likely pass through on your journey,KS,MO,OK,AR,MS,AL and FL and can find no mention of hotel/motel carry w/o CHP in their off limits places.

MO doesn't list hotels/motels as off limits (I've not seen a posted hotel), but hotels/motels DO show up elsewhere in MO law where guns are concerned.

MO has the castle doctrine, and that extends to any "overnight residence," including hotels and motels (even camping tents).

scurtis_34471
August 28, 2008, 04:20 PM
My understanding of your question is that you will be transporting a full encased unloaded gun to your room and then taking it out and loading it. That should not be a problem in Florida.

Fisherman_48768
August 28, 2008, 04:41 PM
I consider my hotel/motel room my castle, albeit temporary one but still my abode. SCOTUS said I can have a pistol there regardless if I have a CCW or not.

shooterfromtexas
August 28, 2008, 04:43 PM
Just keep an eye on it and make sure you dont leave it there while cleaning service shows up.

KBintheSLC
August 28, 2008, 04:47 PM
Not sure about those states, but here a hotel/motel/campground/etc is legally defined as a "temporary residence", and we are entitled to the same weapons privileges as we have in our own homes.

Duke Junior
August 28, 2008, 05:55 PM
MO doesn't list hotels/motels as off limits (I've not seen a posted hotel), but hotels/motels DO show up elsewhere in MO law where guns are concerned.


Good info TechnoSavant.Of course the OP can simply avoid MO by dropping down to OK and proceeding through AR.
And on her first day MO overnight would not be likely in any case from Kansas City,KS.
Also ,SC as rdalrymple reports, is the only state that seems to directly address the issue in it's Statutes,along with perhaps TN as Carl Brown suggests..
A lot of homework on our travels.

Neo-Luddite
August 28, 2008, 06:48 PM
I do it as a matter of routine in any state we travel in--especially when I have my family with me.

slidelock15
August 28, 2008, 08:15 PM
You might want to be careful about checking into any hotel where Nancy Pelosi is a guest!:rolleyes:

ccsniper
August 28, 2008, 08:21 PM
i know arkansas doesnt care, in fact alot of the cops might own or want whatever it is you have.

jkingrph
August 28, 2008, 09:56 PM
I stayed at a Doubletree hotel in Austin Tx about 9 years ago. It was posted no firearms.( They do not search luggage and brief cases)

Duke Junior
August 28, 2008, 10:07 PM
I stayed at a Doubletree hotel in Austin Tx about 9 years ago. It was posted no firearms.( They do not search luggage and brief cases)

Interesting.Did it have a 'legal' 30.06 sign or other?
Only in Austin,which is almost not part of the great state of Texas.

jkingrph
August 29, 2008, 11:46 AM
Interesting.Did it have a 'legal' 30.06 sign or other?
Only in Austin,which is almost not part of the great state of Texas

Honestly it has been so log I do not remember, It may have been before the "30-06" requirement came in, may have been before CCW were allowed, just cannot remember .

RandyB
August 29, 2008, 11:49 AM
Another option besides a handgun, is to bring a shotgun oor other long barrelled gun for the hotel room. typically on my road trips I will take a handgun and either my AR or 870.

Frank Ettin
August 29, 2008, 12:44 PM
Why not get a Florida non-resident CCW? I suspect that you'd be covered in at least most of the states you'll be passing through.

Duke Junior
August 29, 2008, 06:34 PM
Why not get a Florida non-resident CCW? I suspect that you'd be covered in at least most of the states you'll be passing through.

A fine idea.A Florida CCW would cover abbyful's complete route,TMK.

http://www.handgunlaw.us/LicMaps/ccwmap.php

MMCSRET
August 30, 2008, 11:05 AM
I was staying a few days at an "Extended Stay" motel when I found that their corporate policy is: No firearms on premises in possession by guests or staff. Very small print on checkin forms, and that was in Montana, a very firearms friendly state.

Old School
August 30, 2008, 11:57 AM
scurtis 34471 Says:
My understanding of your question is that you will be transporting a full encased unloaded gun to your room and then taking it out and loading it. That should not be a problem in Florida.

Not quite: According to F. S. 790.25, this is only true if you qualify for certain circumstances.
You are allowed to have your gun at home, place of business or anyplace that you are renting for occupation like a hotel or apartment. The problem is that this rule does not extend to common areas. Here is a quote: "but this does not pertain to 'common areas' shared with other individuals in an apartment building or condominium, or a shared parking lot."
There are some exceptions provided in F.S. 790.25:
"A person engaged in fishing, camping, or lawful hunting, or going to or from such an expedition"
and:
"Legally firing weapons for testing or target practice, under sage conditions, and at a safe place, not prohibited by law, or while going to or from such a place"
and:
"Regularly enrolled members of clubs organized for firearms collecting, while such members are at, or going to/fro any gun show, convention, or exhibit"
and:
"A person who carries a pistol unloaded, and in a secure wrapper, from the place of purchase to his home or business, or to a place of repair, or back therefrom"

Now, here is the problem. There is nothing that I have seen that specifically allows you to carry the weapon from the vehicle to the apartment or hotel/motel through these "common areas" when the weapon is being carried for personal defense or other reasons than the above exceptions. Which I interpret to mean that if you were taken to task on this, you would be left hoping that the officer and/or judge would "be reasonable". Not a good situation.

These silly little omissions in the law were my primary reasons for getting the Florida CCW permit.

Sheldon J
August 30, 2008, 06:50 PM
I would think it would depend on the State you are in at the time and their respective Castle laws. Take My state Mi for example, you can transport a gun but unless you have a CCW or a Hunting permit you cannot have it, and that is messed up. \
Ill N the Chicago area you would likely be guilty if you fired your gun in defense of your family.
In my travels I have stayed in many a Motel that I kept the tactical light attached, N the spare mag handy because the area looked very questionable, yeah I should have kept driving but sometimes you are too tired to go any further safely.
True story place in Tallahassee Fl well lighted but very bad looking N I was exhausted after dropping of my daughter for AIT in Alabama. Car alarm went off N I was out of bed,, HK in hand at the door peaking out the window, My kid said wow that was less than 10 seconds, not bad for a 57 year old. N no it was some drunk trying to get in his car WO shutting off his car alarm,

WNC Seabee
August 30, 2008, 08:45 PM
I travel quite a bit and have found this guide book handy:

http://www.gunlawguide.com/

No mention of hotels specifically but it's fairly comprehensive.

Zedo
September 1, 2008, 11:25 AM
"A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed."

-- recently upheld in Heller v. Wash. DC, (SCOTUS 07-290), it's the law of the land.

I'm waiting for the courts to realize that US citizens in "modern times" do a great deal of interstate travel. If you're licensed to be married or drive a motor vehicle in one state, you're legal in all states. It should be the same with RKBA.

You're damned straight it's a "political" issue, and it needs to be discussed.

gideon_70
September 20, 2009, 01:41 PM
I just travelled from Florida to Kansas a few months ago and had a couple hunting rifles and an AR-15 with me, as well as two handguns.

I was able to stay in hotels with no problem. I had all of the guns encased in square cases (Bass Pro Shops sells a nice cheap one) and the handguns were in zippered covers. My CCW gun was on my side most of the time, but when I was in the car, I put it in mmy glove box.

I was stopped in Arkansas, and it was uneventful. The officer asked for my insurance papers, and I told him that I had a weapon in my glove box. He bent down, said, "K, get it out," and I did, and put it on the dash. He gave me a HUGE break on the ticket I fully deserved, and nothing else was said about the gun at all.

mljdeckard
September 20, 2009, 08:08 PM
I doubt there is a problem of any kind in these states. Places like MD, HI, KA, NY, and NJ might give you a problem.

It's interesting, if you look at the policies of any of the hotels in Vegas, they have policies against guns in hotel rooms of guests, or even in their CARS, having nothing to do with what is legal or not.

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