SouthernBoy
Regular Member
Have you ever read the back of the ticket they give you when you go to the movies or the ball game? Did you think they give that piece of paper to you so you can prove you paid the price of admission for the specific movie you said you wanted to see/ballgame? The "conditions of admission" are provided to you on that ticket. The same applies to entering malls - they set up and post the conditions under which you are permitted to enter and remain on private property.
While there are some restrictions that are imposed on mall owners/operators regarding 1A issues, there is no "right to shop" that they could infringe by saying you cannot have a firearm on their property. And since they are not "The Government" they cannot be accused of infringing on your 2A rights.
If you can figure out how to convince a court that your OCing at the mall was "expressive political speech" you can probably have a shot at having your lawsuit heard. My guess, though, is you will be told you could have expressed your political speech via signs/banners/leaflets just as well as by wearing a sidearm on your hip. From our perspective that sucks, but I can see the reasoning behind it.
If you know the mall does not allow firearms because you have seen the "NO GUNZ" sign(s), is it necessary or polite to make them come to you specifically and threaten to call the cops if you don't comply with the sign? Do you believe the judge will say that up until you told the cop you were not going to abide by the sign you were not trespassing but being merely obstinant?
Besides, is that the impression you want to create?
stay safe.
While have had a few disagreements in the past, I have to admit that this post is very lucid and articulate... perhaps the best of the lot on this thread.