this post was submitted on 03 Oct 2024
297 points (97.4% liked)
Asklemmy
43906 readers
1085 users here now
A loosely moderated place to ask open-ended questions
Search asklemmy ๐
If your post meets the following criteria, it's welcome here!
- Open-ended question
- Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
- Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
- Not ad nauseam inducing: please make sure it is a question that would be new to most members
- An actual topic of discussion
Looking for support?
Looking for a community?
- Lemmyverse: community search
- sub.rehab: maps old subreddits to fediverse options, marks official as such
- [email protected]: a community for finding communities
~Icon~ ~by~ ~@Double_[email protected]~
founded 5 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
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.
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.
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.