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Having a gun in a hotel/motel

Discussion in 'Legal' started by abbyful, Aug 28, 2008.

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  1. abbyful

    abbyful Member

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    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.)
     
  2. Art Eatman

    Art Eatman Administrator Staff Member

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    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.
     
  3. Duke Junior

    Duke Junior member

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    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.
     
  4. shooting4life

    shooting4life Member

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    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:
     
  5. XDKingslayer

    XDKingslayer member

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    I don't know about other states on your journey, but you won't have a problem with your plans in Florida.
     
  6. rdalrymple

    rdalrymple Member

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    You probably won't pass through South Carolina, but if you do you're covered.

     
  7. Carl N. Brown

    Carl N. Brown Member

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    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.
     
  8. HIcarry

    HIcarry Member

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    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.
     
  9. Technosavant

    Technosavant Member

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    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).
     
  10. scurtis_34471

    scurtis_34471 Member

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    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.
     
  11. Fisherman_48768

    Fisherman_48768 Member

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    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.
     
  12. shooterfromtexas

    shooterfromtexas Member

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    Just keep an eye on it and make sure you dont leave it there while cleaning service shows up.
     
  13. KBintheSLC

    KBintheSLC Member

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    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.
     
  14. Duke Junior

    Duke Junior member

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    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.
     
  15. Neo-Luddite

    Neo-Luddite Member

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    I do it as a matter of routine in any state we travel in--especially when I have my family with me.
     
  16. slidelock15

    slidelock15 Member

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    Denver Hotel

    You might want to be careful about checking into any hotel where Nancy Pelosi is a guest!:rolleyes:
     
  17. ccsniper

    ccsniper member

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    i know arkansas doesnt care, in fact alot of the cops might own or want whatever it is you have.
     
  18. jkingrph

    jkingrph Member

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    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)
     
  19. Duke Junior

    Duke Junior member

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    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.
     
  20. jkingrph

    jkingrph Member

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    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 .
     
  21. RandyB

    RandyB Member

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    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.
     
  22. Frank Ettin

    Frank Ettin Moderator

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    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.
     
  23. Duke Junior

    Duke Junior member

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

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

    MMCSRET Member

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    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.
     
  25. Old School

    Old School Member

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    scurtis 34471 Says:
    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:
    There are some exceptions provided in F.S. 790.25:
    and:
    and:
    and:
    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.
     
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