Where does this fall?

[herrwalther]

I was driving back from visiting my mother in law yesterday and stopped by a rest area along the highway. On the main door was a stenciled "No Weapons Beyond this Point" sign. We have discussed the legalities and the force of law of posted areas before in courthouses, private business and so on. My curiosity is where do rest areas along highways and interstates fall in carry law?

 

[oneounceload]

Never saw that on the Interstates in my area - what state are you talking about?

 

[steve4102]

Yes, where did you see this?

As for me and mine, the last place I will enter unarmed is a Highway Rest stop.

 

[MedWheeler]

The state sections at www.handgunlaw.us also discuss rest-area carry legality, and the "authority" of carry-prohibited postings.

Since you didn't mention in what state you observed this, I can't check it for you.

 

[NavyLCDR]

My curiosity is where do rest areas along highways and interstates fall in carry law?

They fall completely within the confines of the state law of the state the rest area is in, which you failed to tell us.

 

[herrwalther]

Thought I mentioned the state. Sorry about that. Was on my way out the door when posting the OP. This was in Alabama.

 

[NavyLCDR]

This was in Alabama.

In that case - the spray painted stencil on the door is not enough and I would ignore it:

13A-11-61.2
(a) In addition to any other place limited or prohibited by state or federal law, a person, including a person with a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85, Code of Alabama 1975, may not knowingly possess or carry a firearm in any of the following places without the express permission of a person or entity with authority over the premises:

(b) Notwithstanding the provisions of subsection (a), a person, including a person with a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85, Code of Alabama 1975, may not, without the express permission of a person or entity with authority over the premises, knowingly possess or carry a firearm inside any building or facility to which access of unauthorized persons and prohibited articles is limited during normal hours of operation by the continuous posting of guards and the use of other security features, including, but not limited to, magnetometers, key cards, biometric screening devices, or turnstiles or other physical barriers.

I seriously doubt the rest area had any of the security measures required to prohibit firearms.

 

[steve4102]

Road Side Rest Areas: YES ?

Note: I am hearing that all the Rest Areas along the Interstate Highway System in Alabama have been
posted with “No Firearm Signs.” Handgunlaw.us recommends you contact your Representative and ask
about the state posting Rest Areas and on what/whose authority they are being posted.


http://www.handgunlaw.us/states/alabama.pdf

 

[jackruff]

Those were put up fairly recently in Alabama. They were also placed at Mississippi welcome stations, but the governor told the Department of Transportation to take them down. Some of the Alabama signs are not very prominently displayed.

 

[jonnyc]

This might be problematic:

"including, but not limited to....."

 

[MedWheeler]

^^^ as might be this:

by the continuous posting of guards and the use of other security features

After all, don't most shopping malls have "guards"?

 

[NavyLCDR]

I would ignore the signs...concealed means concealed and there appears to be more evidence to suggest that the signs are illegal rather than the act of carrying a gun past them:

http://www.examiner.com/article/battle-rages-for-second-amendment-alabama

and that is just one article among many.

 

[herrwalther]

I figured the sign at a rest area, at least in this state would not carry the rule of law. I guarantee I was over thinking this topic. My train of thought was since interstates cover or connect multiple states, they are covered by Federal law under commerce clauses.

In the end the signs didn't give me pause before entering or have me turn heel to go back to my vehicle. More of a "that will be an interesting THR topic."

 

[Frank Ettin]

...My train of thought was since interstates cover or connect multiple states, they are covered by Federal law under commerce clauses....

That is a common misconception and not true.

 

[Red Wind]

Alabama has a real long laundry list of OL locales. Ate 2 Ball Park hotdogs and a can of black beans while perusing it. Lots of work to do there.

Looks a lot like North Carolina until the Tarheels started eliminating much of the laundry.

Alabama went totally shall issue just recently. For years, had to put the gun in trunk traveling to New Orleans. It's still a mess.

 

[FREERANGETIME!]

News to me.

I was at the "Rocket" rest stop in Alabama, just outside of Athens in March, at that time there were no signs.
Having spent 10 years living in Bama, and returning at least once a year to visit, I am very suprised that those signs would be going up in those areas, I dont know if this is still in effect but in 2009 you could check your carry gun with security at the door when you toured the Capitol on Montgomery, so guns in the Capitol building O.K. but guns in rest stops not O.K.?

 

[Red Wind]

In Washington State and New Mexico, you don't have to check your gun at the door. You just walk inside their Capitol Buildings in Olympia and Santa Fe carrying. The way it is supposed to be.

There are other states besides.

 

[jfrey]

The capitol in Austin has a special line for CHL holders. You show 'em your license and walk right in. Ain't no signs at the rest stops either.

 

[kwguy]

A lot of those signs in Alabama appear to have popped up right after it went from 'May' to 'shall issue'.

 

[jackruff]

The signs are gone from Alabama rest stops.

 

[Red Wind]

^Good to hear. Will be going through Alabama on Halloween.

 

[guyfromohio]

In Ohio, they used to be prohibited areas because they were government buildings...technically. I believe that has been fixed.