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Store notice against CCW's--legality?

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  • reidnez
    Senior Member
    • Mar 2009
    • 1852

    Store notice against CCW's--legality?

    Hey guys, I was passing by a local jewelry store today and noticed a sign they had posted on the window, basically saying that firearms were prohibited on the premises. It's much too long for me to accurately paraphrase so I won't attempt to. I will go back soon and write it down, and see if I can manage to snap a picture without looking as though I'm casing the joint...

    What struck me was that it seemed to be written intentionally to sound official and "legalese", as though to give the impression that there was a law in place preventing one from carrying on the premises, or that the warning itself somehow carried the force of the law. However, nowhere was a law actually cited. I know that Texas law has a provision which allows businesses to declare legally-enforceable "gun free zones," by way of posting very specific signage, but I'm not aware of any such law in this state. There was no mention of "authorized persons," i.e. law enforcement or CCW holders.

    This is more of an academic inquiry as I don't have a CCW (though I'd certainly like one) and thus I don't carry. Obviously it is the business owner's right to deem you to be trespassing and ask you to leave if they discover you to be carrying, as has always been the case...but other than that, does this warning actually carry any weight? It seems to me that they are being more than a little disingenuous, in implying that someone who is legally carrying (by way of CCW), can not legally carry in their store (which I don't believe to be true). It isn't simply a "no weapons" sign; it really does read like the Penal Code.

    Has anyone else encountered this? What are your thoughts?
    Last edited by reidnez; 10-15-2009, 2:11 PM.
    Believe those who are seeking the truth. Doubt those who find it. -Andre Gide
  • #2
    Adrien
    Member
    • Sep 2009
    • 388

    I don't know the actual legalities of it--but I think it's fair to assume that the owner of the shop as the right to decide rather or not they want firearms on the premises. Especially if said property is private property.

    Adrien
    PbNation - The largest sports forum on the internet.

    I buy my guns at Ten Percent Firearms

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    • #3
      locosway
      I need a LIFE!!
      • Jun 2009
      • 11346

      As a private property owner they can prohibit weapons from their property. Now, there's no way they can arrest you or sue you for this. However, they can ask you to leave, and if you don't, you can be arrested for trespassing.

      If you don't like their store policy, don't shop there. Other than that, there's nothing you can do unless there's a state law that says businesses can not limit firearms which are legally carried. However, I do not see that happening in CA, ever...
      OCSD Approved CCW Instructor
      NRA Certified Instructor
      CA DOJ Certified Instructor
      Glock Certified Armorer

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      • #4
        Turo
        Calguns Addict
        • May 2009
        • 5066

        The sign isn't legally enforceable by law. If you have your CCW, you can carry in there all you want, but the owner can still kick you out for any reason. (ie, if your concealed carry gun is seen by the owner.)

        He or she can legally ask you to leave, and if you don't, you are trespassing. But that sign doesn't carry the weight of law.
        "The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."
        -Thomas Jefferson

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        • #5
          Barney Gumble
          Senior Member
          • Apr 2009
          • 1047

          It's meaningless for anyone who's got a CCW because the store won't know anyway.

          Comment

          • #6
            locosway
            I need a LIFE!!
            • Jun 2009
            • 11346

            Originally posted by Barney Gumble
            It's meaningless for anyone who's got a CCW because the store won't know anyway.
            Metal detectors
            OCSD Approved CCW Instructor
            NRA Certified Instructor
            CA DOJ Certified Instructor
            Glock Certified Armorer

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            • #7
              Lyte-
              CGSSA Associate
              CGN Contributor - Lifetime
              • Feb 2009
              • 2063

              they have sign like that at the "Joe's crab shack" by my home in Houston.
              Originally posted by Kestryll
              I know you and frankly since we're being honest you disgust me.
              In all honesty I waffle between finding you disgusting and pitying you that your life is so void of anything substantial that you measure yourself by 'conquests' and who you know that can get you in where.

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              • #8
                Fjold
                I need a LIFE!!
                • Oct 2005
                • 22904

                Originally posted by Lyte-
                they have sign like that at the "Joe's crab shack" by my home in Houston.

                Texas has a law that allows them to post a sign on their businesses that prohibits entry by CCW holders. A violation of that is punishable under Texas law. There is no law like that in California so like the posters above said, all they can do is ask you to leave.
                Frank

                One rifle, one planet, Holland's 375




                Life Member NRA, CRPA and SAF

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                • #9
                  U2BassAce
                  Senior Member
                  • May 2007
                  • 1677

                  Originally posted by Fjold
                  Texas has a law that allows them to post a sign on their businesses that prohibits entry by CCW holders. A violation of that is punishable under Texas law. There is no law like that in California so like the posters above said, all they can do is ask you to leave.
                  Yep 30.06 sign. Funny, California in the counties where most people live, it is very hard to get a CCW. BUT if you can get one the restrictions are the most reasonable in the country. Who would have thought?

                  BTW the 30.06 signs in Texas have VERY specific requirements as far as font, size and color. Most establishments don't get it right. You will see it posted most at a true bar type establishment.

                  But as mentioned above. No CCW signs have no teeth in CA. BUT get caught carrying (if you are doing your job you should not be made) in let's say Disney, Anaheim Stadium, etc etc and the issuing agency you have your CCW with is a little an@l there is nothing to stop them from yanking your CCW.

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                  • #10
                    Army
                    Veteran Member
                    • Oct 2005
                    • 3915

                    Easy, UOC in there instead
                    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself...A murderer is less to fear. The traitor is the plague."......Cicero

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                    • #11
                      Barney Gumble
                      Senior Member
                      • Apr 2009
                      • 1047

                      Originally posted by locosway
                      Metal detectors
                      Yeah that crossed my mind...wouldn't expect it other than in a super high-end store, but OTOH, if a store has been hit a few times I could see them doing that.

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