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Guest canynracer
Posted
I see what you are saying and I don't disagree.

I just sort of see the Castle Doctrine more relating to the use of force as opposed to the general question of the OP. Because the Castle Doctrine says you are assumed to be in fear of death or great bodily harm if someone tries to break into your car...but you must still have your HCP to be able to have your weapon in your car.

Didn't mean to seem so short in my other post...had my attention diverted as I was posting it...

But the castle doctrine does not stop at your car, it states temporary residence or dwelling, that includes a tent...You can carry in your car without a permit, so long as it is done correctly ie ammo seperated, gun in trunk ect. ect.

the OP asked

Is it legal to have have handgun in your motel room for protection ? Lets say you have no handgun permit but transported the correct wayis it allright to have at bedsid table?
To which you replied...
Well it boils down to whether the motel room is considered you residence or premises, if so it is legal of course.

I believe it is, but others have posted how exactly it is considered your residence, maybe they can explain further soon.

so to answer that, the castle points out the temp residence...therefore its legal to have a gun on your side table for use of self defense (unless of course the hotel/motel specifically states no) if they did state no firearms, I would assume they would be all alone and have a lot of vacancies...LOL

am I missing something (I usually am...LOL)

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Posted

Yes, the Castle Doctrine mentions "temporary" residence, which a tent as you say or a motel room would be considered that. But...the Castle Doctrine is not what allows you to have a weapon in a particular location. It simply address the legailites of using it while in those locations.

I took his question to mean was it ok to have a loaded weapon there without a permit, the castle doctrine does not cover that, it simply is saying that if you have a weapon here is how you can legally use it.

...and yes you can have unloaded, weapon and ammo stored seperatley in your car.....but that isn't going to do very much for you during a carjacking.

I think it is 100% legal to have a loaded ready to go weapon in your motel room, but I don't think that is the castle doctrine that says you can, I think that is because the room is simply your temporary residence because of the contract you made with the motel when you paid them for it.

Guest canynracer
Posted (edited)
Yes, the Castle Doctrine mentions "temporary" residence, which a tent as you say or a motel room would be considered that. But...the Castle Doctrine is not what allows you to have a weapon in a particular location. It simply address the legailites of using it while in those locations.

I took his question to mean was it ok to have a loaded weapon there without a permit, the castle doctrine does not cover that, it simply is saying that if you have a weapon here is how you can legally use it.

...and yes you can have unloaded, weapon and ammo stored seperatley in your car.....but that isn't going to do very much for you during a carjacking.

I think it is 100% legal to have a loaded ready to go weapon in your motel room, but I don't think that is the castle doctrine that says you can, I think that is because the room is simply your temporary residence because of the contract you made with the motel when you paid them for it.

I see ya now!! I was just pointing out that the castle calls it a residence..cause we couldnt get clarity on whether or not a motel was considered that (it seemed unclear during the thread)...just the "residence" verbiage was what I was referring to, if the castle recognizes your room as residence, I would say it is...okey dokey..my bad...carry on.. :blah:

Edited by canynracer
Posted
I see ya now!! I was just pointing out that the castle calls it a residence..cause we couldnt get clarity on whether or not a motel was considered that (it seemed unclear during the thread)...just the "residence" verbiage was what I was referring to, if the castle recognizes your room as residence, I would say it is...okey dokey..my bad...carry on.. :blah:

No worries mate....

Posted
Didn't you recently have some crack head bust into your room looking for trouble?

Not a crack head..just a drunk a-hole. boy you should have seen the look on his face...

My room mate at the time walked out to talk on his cellphone to his wife and he left the door opened enough so he could walk in when he was done.

this fella just walked right in and says "I'm gonna kick his a$$"...and was staring down the barrel of a pistol.

I calmly replied "if you don't get outta this room the only fight is gonna be over what color to paint the walls after they clean your brains off them"...

He put both hands up and backed out of the room.

Guest Revelator
Posted

We know that having a gun in your "place of residence" is a defense to unlawful possession of a weapon. However, the code does not define "residence" in either part 13 (weapons) or in title 39 (criminal offenses). I guess you'd have to look at the common meaning and I think clearly, as people have put in this thread, that a motel room would qualify. And canyn makes a good point--if the legislature defines it as a residence in one law, shouldn't they in another? Furthermore, you're entitled to 4th amendment protections in a hotel room (they can't just bust down the door and search without a warrant) just as you are at home, so yeah...

Posted

:tough:With all the things going on in many of those places, i would not be in one without my glock!:wave:

Guest Ranger Rick
Posted

I calmly replied "if you don't get outta this room the only fight is gonna be over what color to paint the walls after they clean your brains off them"...

Gotta tell ya... that's the best line I've heard in a long, long, looong... time. :death::tough:

Carry on.

Posted
:tough:With all the things going on in many of those places, i would not be in one without my glock!:tough:

With at least 3 reloads.:cool:

Gotta tell ya... that's the best line I've heard in a long, long, looong... time. :death::D

Carry on.

I thought I was gonna bust a gut when I first read it.

Posted

You should be able to have any type of loaded firearm in a hotel, since you are renting a temporary residence, with or without a permit. Most hotel rooms are assumed as your residence. Even California, which we all knock for gun laws, treats hotels as a residence, allowing you to keep a loaded gun in your room.

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