Another CCW question... Carrying at work?

[SFilpansick]

Hey guys... I have a booth at a local "antique mall", where I pay the owner $X/sq ft per month, and I have a 12 month lease. That booth is MY space. I stock it, only my merchandise is there, I do all of the pricing, I pay the sales tax on everything sold, etc..

I'm also required to work at the mall 4 days a month, opening display cases for customers, helping them find things etc.

After having a lengthy discussion with some of the other dealers about firearms and concealed carry (most of them agreed with me 100%) , it seems one of them must have "ratted me out" to the owner. He called me today and told me that he doesn't feel comfortable having anyone carry in his store.

There was absolutely NO mention of weapons at all in the rental agreement I signed.


So my question is, being that I pay rent to have my space there, does he have the legal right to tell me NOT to carry in the store?

Even though he's "not comfortable" with it, can I still legally carry there?


Any info would be greatly appreciated!
Steve

 

[Gryffydd]

This is a question that could be heavily dependent on your state. Without knowing where you're from...

 

[kingpin008]

I have a booth at a local "antique mall", where I pay the owner $X/sq ft per month, and I have a 12 month lease.

That booth is MY space.

IANAL, but if you're leasing it, it's not yours. While the lease agreement may not have specifically mentioned firearms or the carrying of firearms, it's still the owner's property at the end of the day. In short, I think you might be out of luck.

Or, why not switch to something more deep-concealing like a Thunderwear holster, and carry anyway? That way you can "show" that you're not carrying, and unless he wants to frisk you, he's not going to know.

 

[SFilpansick]

Sorry, forgot to mention that I'm in Michigan...

 

[BBQLS1]

I'm no lawyer, but

I doubt it since you lease the spot. I don't know what ways he can break or not renew the lease though.

If he could tell you not to carry, can a apartment complex tell you you can't have guns?

 

[Schofield3]

It gets real simple:

Concealed means CONCEALED.


The day that comes where you're thinkin if only I had carried,
well that is when it's just too late to turn back time.

 

[scottgun]

Talking about CCW with people you work with isn't concealed. Concealed means not telling anyone and not talking about it in general. I think that was your first mistake.


A co-worker of mine has recently acquired a handgun and has a lot of questions about it. But he also has a big mouth, so he is left to find out about these things on his own. My privacy is more important than sharing knowledge that could come back to bite me.

 

[Cosmoline]

While the lease agreement may not have specifically mentioned firearms or the carrying of firearms, it's still the owner's property at the end of the day. In short, I think you might be out of luck.

A lease is a contract and is MOST CERTAINLY a property right. That's black letter law going back a very long time. You buy rights to use and enjoy a set piece of property for the term of the lease. If a term or restriction isn't on the lease it does not exist, and the lessor has no more right to unilaterally change the lease than the lessee. He can of course opt to not renew for any reason at the end of the 12 month period. Or he can offer different terms which you do not agree with. But if you're abiding by the terms of a 12 month lease then he cannot kick you out without breach of contract and violating YOUR property rights.

But here's the rub as I see it. You have to cross common areas which he controls in order to get to your leased "island." The real question here is whether under state law he can exclude you for carrying, and whether that exclusion would itself constitute a breach of contract. Different states are very different about how business owners may (or may not) exclude people who carry. You'd need to get local counsel for that question. Or you may decide it's not worth it, depending on how much longer your lease is due to run.

Apart from that, in future you need to learn to keep your lips together and avoid talking politics with others at your work.

 

[rondog]

Loose lips sink ships. CCW is supposed to be YOUR little secret.

 

[FlaChef]

ask a lawyer in your state. Sorry but chances are no one on this forum will be a certified lawyer in MI with extensive contract law background.

 

[razorback2003]

Don't Ask Don't Tell

If it worked For Slick, it can work for you. If I have a license, I would carry. Do you go through metal detectors? Do they pat you down at this mall? I highly doubt it. It's not like anyone can pat you down anyway. Just smile to this owner and keep on carrying for your own safety. It is your rental...kind of like if i rented a hotel room for the night...i'm going to keep my gun in there like it is my house. I don't care what Hilton thinks because it is my space for the night because I paid for it. Leased space...like a hotel...is often considered like your own property regarding gun laws in most states....and you can often carry without a license. Now since you have a license you are golden and perfectly legal. Who cares what this guy thinks....just smile and don't worry. Make money and grow that business!

 

[bdickens]

Myself, I don't really give a rodent's hindquarters what someone is or isn't "comfortable" with.