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this post was submitted on 03 Oct 2024
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Asklemmy
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In some states, these signs don't even mean that a person can't carry a concealed weapon into the shopping center. In my state, for instance, assuming you are otherwise able to legally carry a gun (meaning you took a class and aren't a felon), the list of areas where you can't legally carry a gun is very limited: Federal buildings, courthouses, etc. If a business has a sign posted stating "no guns allowed," you can still legally carry your weapon in that business. If an employee sees that you're armed, they can ask you to leave, and you're trespassing if you refuse, but nothing legally stops you from carrying a gun into the establishment in the first place.
As a disclaimer, I'm not arguing this one way or another. I have a license to carry a concealed handgun, in fact. Just sharing information.
Yeah I'm sure minimum wage clerks are going to totally feel comfortable asking the armed person (someone who believes they need to arm themselves to enter a shopping center) to please leave.
Most people who have a concealed carry permit are generally law-abiding. I would certainly leave immediately if asked.
yeah, they probably would. Shooting someone is very fucking illegal.
also most larger establishments are going to have security, and, you can call the police if you wish.
I'm sure that's the practicality, but I am skeptical of the legality of a CCW permit trumping the rights of the property owner.
It sounds more like breaking the law and just not getting caught. Do you have any links to CCW permit overriding property owner rights?
I don't know the statutes offhand; I'm basing this on what I was taught in my CCW class years ago.
The general idea is that the state sets limited laws on where you can't carry concealed. Government buildings, etc. These restrictions hold the force of law. For a private property owner, they can certainly say "no guns," but it has the same legal weight as if they said "no hats." They can set rules for their property, but those rules don't magically become law. That's where trespassing laws come in; if you're asked to leave, they have the right to ask you to do so.
Some states do have laws in place stating that "no guns" signs are legally binding, but the signs must meet certain legal criteria as far as wording. Surprisingly, I think Texas is one of these states, but I could be wrong.
My state is solidly blue, so it does seem strange to me that the laws are written as they are.
Property owner rights do not magically override the 1A.
Property owners are welcome to write scary notices. They are just not legally enforceable.