Are SOPs of some hotels illegal?
Querist :
Anonymous
(Querist) 24 October 2010
This query is : Resolved
Requesting only very precise and legal answers. Some hotels have SOPs(Standard Operating Procedure)to not allow licensed arms holders go inside. In my opinion the firearm license has been issued as per the law of the land, for self defense which is a fundamental right(legally means license has been issued for enforcement of law of the land as per sections 96 to 106 IPC if the need arises). Probably they have the right to decide whom to allow in, but without violating the rights of individual. That is, they cannot say that we allow you in only after your rights are violated or abridged. Can they infringe/abridge the fundamental and legal rights of the person before allowing in?
adv. rajeev ( rajoo )
(Expert) 24 October 2010
But they think for their security and their customers in view of the terrorist attacks. Whom to believe.
R.Ramachandran
(Expert) 24 October 2010
The hotels have every right to enforce their practice.
Why go to the question of Hotels.
Take the case of Airlines - they also do not allow any arms/ammunition on person. Yes, if any one carries, they have to deposit with the crew / put it in cabin and they take seat. The traveller cannot carry it in person. Because of this, one cannot say that one's fundamental rights are affected.
Devajyoti Barman
(Expert) 24 October 2010
Right. The Hotels do reserve the right of entry for the persons it choose.
Querist :
Anonymous
(Querist) 24 October 2010
"The Hotels do reserve the right of entry for the persons it choose." Things are becoming clearer. Please confirm if my understanding is correct. The following legal positions emerge to me:
1) Till the entrance of hotel, the firearm license holder has the rights for keeping/carrying firearm on his person for self defense.
2) From the entrance of hotel and further inside, the hotel reserves the right of entry as per its regulations.
3) If someone wants to enter the hotel, in case if the hotel regulations contradict his rights, the hotel's right of entry will have primacy and will override the rights of the person(including legal and fundamental rights and the means thereof). He will have to give up those rights and the means thereof, which he has been enjoying till the gates of the hotel.
Querist :
Anonymous
(Querist) 24 October 2010
If anyone could confirm if what I have understood is correct, that would be great. Or there is no legal precedent clarifying this position of law?
aman kumar
(Expert) 26 October 2010
YOU ARE CORRECT !
