Legal Ramifications of Carry in Prohibited Places

[Kind of Blued]

http://www.thehighroad.org/showthread.php?t=325711

I plan on getting my CCP soon so I haven't been through the course, but I'm attempting to learn my local laws (county specific) the best that I can.

The above thread got me thinking, in such a case there is some confusion as to whether one can carry in Gander Mountain (for example) legally. In this case actually, the confusion spans from prohibiting the carry of loaded CCWs to the near support of the practice.

Anyway, I was just curious to know what the laws say about carrying, and if necessary, protecting oneself in a public place which requests that CCWs not be carried.

 

[Ed Ames]

There are probably 500 different laws on the subject in the USA alone. They run the gamut from "you'll go to jail" to "the owner can ask you to leave".

Can't be more specific without knowing where you are planning to carry.

As for that other thread, only thing I saw was one person (Dorryn) posting unsubstantiated statements about a store's CCW policy which directly conflict with the policy advertised by the store itself. Sorry, no offense to Dorryn, but if the door says "CCW exempt" and doesn't say anything about "unloaded" then "CCW exempt" is the rule of the day and Dorryn's version of the policy doesn't mean anything.

 

[Kind of Blued]

That is how I feel as well, Ed. Assuming their store policy is that CCWs be unloaded, the sign undoubtedly failed to adhere to their policy.

I'm planning to carry in Colorado, Denver basically.

On a side note, there seem to be alot of gun laws here made by people who don't understand even the elementary workings of firearms and ballistics.

 

[paul105]

There are a lot of laws being made by a lot of people that don't know much about the subject they are legislating.

 

[Pumpkinheaver]

In Missouri the signs are pretty much meaningless. If the store employees see your gun and ask you to leave and don't you can get a $100 ticket if the cops show up.


Every state is different, you should be able to find some specific info on your state on the internet.

 

[Autolycus]

You should tell everyone what state you live in so people can find out. It might help you know?

 

[Kind of Blued]

Tecumseh, see my second post.

This is directed to anybody... where do you live, and what is the potential penalty there?

I found this, but nothing of any penalty.

New Criminal Safezones

(no carry allowed except by criminals)
Public elementary, middle, junior high or high school (p. 24)

Facilities with security personnel and electronic weapons screening devices permanently in place at every entrance (p. 24)

Facilities with security personnel electronically screening (such as handheld devices) (p. 24)
*********************************
The wording makes it sound like only criminals can carry in said places, however it apparently means should you carry in such a place you are inherently a criminal, or incriminating yourself.

 

[Car Knocker]

Well, if there was a Gander Mountain in Utah, and it had a "no CCW" sign, and I carried anyway, there would be no legal penalty if I were to be discovered. They could just ask me to leave.

If I were to carry in a public school and were discovered, there would be no problem because carry in schools is legal here.

 

[Kind of Blued]

I just found out that carrying a pocket knife on campus (which I do every day) is a Class 6 Felony, which could land me the same penalty as being apprehended with UP TO TWO POUNDS OF MARIJUANA. It also noted that the marijuana charge is usually reduced to a misdemeanor.

Anyway, carrying a knife or two pounds of marijuana will land you 12-18 months in prison. I guess I'll leave it in the car. (The knife, I don't have two pounds of marijuana).

 

[Matt-J2]

I guess I'll leave it in the car. (The knife, I don't have two pounds of marijuana).

Yeah, if I had 2 pounds of pot, the last place I'd leave it was in my car. Talk about inviting theft!

On the other hand, they'd likely be so busy/enthralled with the pot that they'd leave everything else behind. Could lead to a new window sticker: Warning, this car protected by Mary Jane.

 

[Sport45]

My advice is to learn the law and abide by it. The folks that teach the classes for concealed carry permits generally know the applicability of the laws andare a good resource.

For instance, in Texas an establishment can put up all the "no guns" signs they want. The only ones that matter are the ones with a contrasting color blockletter at least 1" high, posted in English and Spanish and specifically says, "PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

We often say that only law abiding citizens obey gun laws. But if we don't obey them are we any different than the criminals?

 

[OhioPaints]

As you have been told, it totally depends on your location. Here in Ohio, carry in any government building (including libraries, highway rest stops and most hospitals) is a felony. Likewise, any establishment that sells alcohol for consumption on the premisis. Entry into private posted businesses is a misdemeanor and you must have knowingly violated the posted sign.

OTOH, nearby Kentucky is a lot more liberal as are many southern states. We do most of our shopping and dining in Kentucky.

Ken

 

[RichardB]

Suggest you go to your own states attorney general's website or to your states
Rifle and Pistol club web site.

Each state has different prohibitions and penalties.

Reciprocity requires you comply with the laws of the state/ municipality you are in, not the state you are licensed in.

 

[OhioPaints]

Word of warning for anyone traveling through Ohio. As I noted above, all gov't buildings are off limits to concealed carry, that includes Interstate rest stops. The official sign says "unless authorized by law". That DOES NOT INCLUDE US.

Ken

 

[Shawnee]

As I understand it, Virginia has CCW permits but thei4r antis managed to clear the way for places like the Uinv. of V. to derail 2nd Amendment rights by saying they can declare themselves "no gun zones" and including stiff penalties for "violating" such zones.
Of course the horrific shooting/killings there are a glaring tragedy in contrast to the recent Colorado events during which a CCW type ended a rampage.

Does anyone know if the families of those shot in Virginia, or any pro-gun group, have given serious consideration to suing the Univ., and/or State for damages incurred in part because they established the "no gune zone" death-trap? Or perhaps there is some interst in using such shootings as grounds to sue for repeal of the "no gun zone" concept ?

 

[OhioPaints]

Does anyone know if the families of those shot in Virginia, or any pro-gun group, have given serious consideration to suing the Univ., and/or State for damages incurred in part because they established the "no gune zone" death-trap?

AFAIK, the reverse has happened, the family members are pressing for more restrictions. <sigh>

Of course it doesn't help, IMO, that the NRA was so stupidly silent while public momentum was in our favor. There was a lot of public and media that recognized the stupidity of the "Criminal Protection Zones" but instead of coming out with a sensible push to eliminate them, the NRA was conspiring in private with the anti-gun people to build up the restrictions.

Ken

 

[RPCVYemen]

There was a lot of public and media that recognized the stupidity of the "Criminal Protection Zones" but instead of coming out with a sensible push to eliminate them,...

Huh? I didn't see any such articles, except from already very pro sites. I saw a lot more columns by people who wanted to make purchase laws stricter to prevent people like Cho (was that his name?) from getting a weapon in the first place.

I am not in any way disagreeing with your policy position, but I didn't see the Va Tech shooting change anyone's mind. The pro-RKBA folks saw it as an indictment of "gun free zones", and the anti-RKBA folks saw it as evidence that "loopholes" in mental health records should be closed.

As far as the original topic - ask your instructor. I believe (though I have not spoken to a lawyer) that carrying in a place where carrying is prohibited (in NC) can cause you to lose your gun rights for the rest of your life. The folks that I know who have taken the required CCW course have said, don't even think about it.

Mike