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guns in hotels


Guest JonB

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Posted

Question for the legal guys or law enforcement. I do not have a HCP but will be traveling across the country in a week or two. My question, is it legal to have a pistol for personal protection in a hotel room as long as it is otherwise transported unloaded and separate from ammo? Thanks in advance for any help.

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Guest mgjohn
Posted

In most places it is. You are renting the room and it is your residence while you are paying for it.

Posted

Guess I've got some googling to do

Posted
In most places it is. You are renting the room and it is your residence while you are paying for it.

We always say this, and indeed it is logical, but it's not specified in TN law, and I'd say it's not directly addressed in many, maybe most states.

TN simply says you can have a loaded firearm at your "place of residence".

We presume that would include hotel room, tent, motor home, etc, but like so much, it's gray, and we're really only speculating, unless someone has access to some case law to support it.

Is it legal to have in your motor home all the time, without a permit?

Or only when you're parked and using it as your residence?

If I'm homeless, can I carry an unloaded gun around, but load it when I bed down in a cardboard box?

Does my pitched tent count as a residence anywhere I put it, or only in an actual area designated for camping.

Does it override other considerations, like camping in TVA property?

Etc.

- OS

Guest cappy
Posted

I'm almost positive it is legal to because it is were you are currently residing but i know in the state of Indiana that you cannot by any means transport a handgun without an HCP unless you are transporting from old address to new on or from place of purchase to residency or of course to gunsmith you cant even legally transport it to a gun range! but that is indiana and they arent that strict it just depends on were you will be in the country... because like TN you can legally transport without as long as you gun and ammo is seperate and no loaded magizines! if it were me i would if i was staying in a hotel ecspecially if its right off the interstate I hope this info helped out some what! Happy Traveling!!!

Posted
...but i know in the state of Indiana that you cannot by any means transport a handgun without an HCP unless you are transporting from old address to new on or from place of purchase to residency or of course to gunsmith you cant even legally transport it to a gun range! ...

Without even looking up IN state laws, I'm gonna call BS on that.

- OS

Posted (edited)
Federal Law trumps that state law. Complete BS on that statement

Well, actually, the federal law regarding freedom to transport firearms is relevant to INTERstate only, as I understand it.

But of course Cappy's statement is BS, if for no other quick check than that you can hunt with pistols in IN, and the state Dept. of Natural Resources provides various shooting ranges, too.

And you don't have to have a carry permit to indulge in either activity.

No state prohibits you from transporting your legally owned weapons, including handguns, assuming they are rendered safe under however they define that, which is at minimum unloaded of course. About the only limitation is that private property owners can ban them under all conditions, even in vehicles, in many states, including TN (Bonnaroo, NASCAR, etc).

- OS

Edited by OhShoot
Guest 1817ak47
Posted

there are places where handguns are illegal, like chicago, but I think that is the only place with a handgun ban.

check local laws.

the local HCP instructor said in some areas the firearm hasto be field striped during transport. is that true I dunno, but just some thoughts.

just keep the rule or unloaded gun and ammo separate

Posted
there are places where handguns are illegal, like chicago, but I think that is the only place with a handgun ban.

check local laws.

the local HCP instructor said in some areas the firearm hasto be field striped during transport. is that true I dunno, but just some thoughts.

just keep the rule or unloaded gun and ammo separate

Luckily I will not be in Chicago. My stops are roughly scheduled for Lincoln Nebraska, Keystone south Dakota, and Billings Montana. After that I'll be in Canada I figure they have a different set of rules to play by.

Posted (edited)
Luckily I will not be in Chicago. My stops are roughly scheduled for Lincoln Nebraska, Keystone south Dakota, and Billings Montana. After that I'll be in Canada I figure they have a different set of rules to play by.

Oh yea. They definitely have different rules. You will NOT be allowed to take a handgun into Canada under any circumstance.

Edited by bvarnell
spelling
Guest mosinon
Posted
Luckily I will not be in Chicago. My stops are roughly scheduled for Lincoln Nebraska, Keystone south Dakota, and Billings Montana. After that I'll be in Canada I figure they have a different set of rules to play by.

Good lord man, I've lived in two of those places. Are you punishing yourself for something?

Posted
Oh yea. They definitely have different rules. You will NOT be allowed to take a handgun into Canada under any circumstance.

Uh...... Actually yes I will. I'm taking a few in fact as well my SKS and AK-47. With the proper paper work (wich I have in order) and a polite smile when I get to the border I should not have any problems.

Posted (edited)
Good lord man, I've lived in two of those places. Are you punishing yourself for something?

Ha ha. Well I guess it depends on how you look at it. Keystone is the only definite stop. We're goin to stop and see Mount Rushmore. The other 2 are just approximate stops along our path through Canada and into Alaska. Now for the kicker, I will be driving these 4200 miles with my kids who are almost 4 and 2. So you tell me, Am I punishing myself???

Edited by JonB
Guest nashvegas
Posted
Now for the kicker, I will be driving these 4200 miles with my kids who are almost 4 and 2. So you tell me, Am I punishing myself???

May the Lord be with you...

Guest don_m
Posted
No state prohibits you from transporting your legally owned weapons, including handguns, assuming they are rendered safe under however they define that, which is at minimum unloaded of course. About the only limitation is that private property owners can ban them under all conditions, even in vehicles, in many states, including TN (Bonnaroo, NASCAR, etc).

- OS

Not true. Here in Pennsylvania, carry is generally much friendlier than there in Tennessee (other than schools and courthouses, pretty much anywhere else is OK -- yes, even bars and even if you have a cold one). Open carry is legal almost anywhere, even without a license. BUT without a License to Carry it is illegal to transport a handgun in a vehicle (no matter how stored) unless you are going directly to/from a range, gun store, or gunsmith. I'd check the laws of the states you plan to drive through carefully. Many of the "gun friendly" southern and western states have similar silly laws.
Guest 70below
Posted
Ha ha. Well I guess it depends on how you look at it. Keystone is the only definite stop. We're goin to stop and see Mount Rushmore. The other 2 are just approximate stops along our path through Canada and into Alaska. Now for the kicker, I will be driving these 4200 miles with my kids who are almost 4 and 2. So you tell me, Am I punishing myself???

I'm from Alaska and driving into/through Canada with firearms sucks. I would have shipped the firearms to myself at whatever address I would be at when I got there. Doing the paperwork to take them through is only part of the hassle, and more often then not, you get more crap from the US side of the border than the Canadian. My dad had an entire detail search of his vehicle (including unloading the vehicle) just for declaring his legally transported firearms. Nothing sucks worse than having a neatly packed vehicle and then have everything pulled out and rummaged through. I've heard of people having less issues, I hope it goes better for you than my experience has been.

Posted
... BUT without a License to Carry it is illegal to transport a handgun in a vehicle (no matter how stored) unless you are going directly to/from a range, gun store, or gunsmith. I'd check the laws of the states you plan to drive through carefully....

No need to check laws if you are traveling THROUGH a state, including PA. Federal law specifically allows you to transport any legally owned firearm from one place where it's legal to posses to any other destination where it is legally possessed.

I'm surprised PA is that strict about toting handguns around for residents.

It must get tricky for hunters, since handguns are legal for some of your game, and yet according to your post, they can't transport. Surely every hunter in your state doesn't have a license to carry.

- OS

Guest don_m
Posted (edited)
No need to check laws if you are traveling THROUGH a state, including PA. Federal law specifically allows you to transport any legally owned firearm from one place where it's legal to posses to any other destination where it is legally possessed.

I'm surprised PA is that strict about toting handguns around for residents.

It must get tricky for hunters, since handguns are legal for some of your game, and yet according to your post, they can't transport. Surely every hunter in your state doesn't have a license to carry.

- OS

The problem here is the meaning of the word "THROUGH." Since this thread is about staying in hotels, it's a very common interpretation of the statute that staying overnight makes it an intermediate destination. Like everything else, the interpretation varies from state to state. If I travel from PA to NH, I try not to even stop for gas in NJ, NY, or MA. Especially NY, which is reputed to ignore Federal Law -- you would probably "win" in the end, but at great cost.

As to the other point, PA offers hunters who want to carry handguns a "Sportsmen's permit" that allows concealed carry (open carry is OK without any permit) while hunting and transport to/from.

Open or concealed carry in a vehicle is OK here with any state's permit/license, but without reciprocity you'd need to OC outside the vehicle. Just an example of how convoluted these laws can be. And heading out west is no sure thing, either. Given the carry law shenanigans in places like Nevada and New Mexico lately, don't take anything for granted.

Edited by don_m

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