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Kicked out of jacksonville mall

hillbilly

New member
Joined
Nov 16, 2011
Messages
5
Location
Jacksonville
I was kicked out of Jacksonville mall last week for OCing my Springfield 1911. My wife and I made it through 2 stores within the mall and when we was exiting the second store the security officer was waiting for me at the door. He informed me that I am not allowed to carry my firearm in the mall. I informed him that there was no signs posted in the entrances so it is legal to OC. He further explains that he is aware of that and they are currently getting some put in place, he also hands me a "Code of Conduct" card wich has "no weapons allowed" on it. I told him even though it was legal for me to OC in the establishment because they have failed to have it posted I would gladly leave and inform all my friends that are gun owners that the Jacksonville mall is against the 2nd Amendment and the right to protect yourself. I then emailed the mall manager and explained to him that I would no longer be a customer if I am not allowed to protect myself or my family in their establishment and will let all gun owners know how they feel about our rights, i also let him know that i would gladly return once they changed their policy.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
The mall manager will not care ... the stores you frequent will...contact the owners if you want to get this point across.
 

carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
The mall manager will not care ... the stores you frequent will...contact the owners if you want to get this point across.

Looking through the store directory for the mall, I would investigate the OC policy for the smaller retailers as well as Sears, JC Penny and Belk. If you can get one or more of those stores on your side, and some of the smaller ones you might have a chance...otherwise, their "code of conduct" will likely stand.
 

EmtFFKev

Regular Member
Joined
Jul 7, 2012
Messages
22
Location
Rocky Mount, NC
I was kicked out of Jacksonville mall last week for OCing my Springfield 1911. My wife and I made it through 2 stores within the mall and when we was exiting the second store the security officer was waiting for me at the door. He informed me that I am not allowed to carry my firearm in the mall. I informed him that there was no signs posted in the entrances so it is legal to OC. He further explains that he is aware of that and they are currently getting some put in place, he also hands me a "Code of Conduct" card wich has "no weapons allowed" on it. I told him even though it was legal for me to OC in the establishment because they have failed to have it posted I would gladly leave and inform all my friends that are gun owners that the Jacksonville mall is against the 2nd Amendment and the right to protect yourself. I then emailed the mall manager and explained to him that I would no longer be a customer if I am not allowed to protect myself or my family in their establishment and will let all gun owners know how they feel about our rights, i also let him know that i would gladly return once they changed their policy.

Just as a heads up, even though you weren't in the wrong by entering without it posted, even if an establishment isn't posted if the owner/manager or someone acting on their part (security) ask you to leave or disarm and you refuse it is still breaking the law even though it's not posted. I'm not implying you didn't know this, just wanted to put it out there for anyone that may not know that tidbit.

Also, in my researching, I haven't found a mall yet that actually allowed carrying either concealed or open. Few are posted properly if at all. They expect you to read the fine print in a code of conduct and some go as far as listing this policy on their website only. I just avoid malls due to this ignorance on their part.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
It is pretty much the way it is for all the malls, I don't do business with them for that reason. I am not sure though that they can make decisions for private business on the mall property though. They pay their rent, they should have complete control of the property they lease.
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
It is pretty much the way it is for all the malls, I don't do business with them for that reason. I am not sure though that they can make decisions for private business on the mall property though. They pay their rent, they should have complete control of the property they lease.

All leases come with terms of some kind. In the case of malls, it is probably to abide by the owners' rule of not allowing weapons. Even if the store itself isn't posted, many times the signage at the entrance to the parking lot will have it noted.

Like most of the rest, I don't go to the mall if I can get what I'm after somewhere else.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
All leases come with terms of some kind. In the case of malls, it is probably to abide by the owners' rule of not allowing weapons. Even if the store itself isn't posted, many times the signage at the entrance to the parking lot will have it noted.

Like most of the rest, I don't go to the mall if I can get what I'm after somewhere else.

Last time I was in a mall was about ten years ago, but they did not seem to be doing well, many empty spaces. It might be time for them to stop trying to keep people out. Just my opinion though.
 

Smith45acp

Regular Member
Joined
Oct 16, 2009
Messages
434
Location
NC
Just as a heads up, even though you weren't in the wrong by entering without it posted, even if an establishment isn't posted if the owner/manager or someone acting on their part (security) ask you to leave or disarm and you refuse it is still breaking the law even though it's not posted. I'm not implying you didn't know this, just wanted to put it out there for anyone that may not know that tidbit.


Kev I was going to post the same thing so the thread wouldn't have misinformation in it.

As for the part I made bold text, I think you're wrong. Hillbilly sounds like he had it wrong and sincerely thought he was doing the guy a courtesy by complying.

Exact same situation happened to me in Crabtree mall in Raleigh. Doors not posted so I carried on through, got stopped by mall special police but I KNEW that I'd be trespassing if asked to leave. Unfortunately we hit a "snag" in the discussion when they continued to demand my ID and I refused, all the while stating I would be happy to leave upon hearing of their no guns policy for the first time. So they arrested me and charged me with obstruction. Friday night at Wake Co. detention sucks balls. Case was later dismissed and firearm returned.
 

hillbilly

New member
Joined
Nov 16, 2011
Messages
5
Location
Jacksonville
Kev I was going to post the same thing so the thread wouldn't have misinformation in it.

As for the part I made bold text, I think you're wrong. Hillbilly sounds like he had it wrong and sincerely thought he was doing the guy a courtesy by complying.

Exact same situation happened to me in Crabtree mall in Raleigh. Doors not posted so I carried on through, got stopped by mall special police but I KNEW that I'd be trespassing if asked to leave. Unfortunately we hit a "snag" in the discussion when they continued to demand my ID and I refused, all the while stating I would be happy to leave upon hearing of their no guns policy for the first time. So they arrested me and charged me with obstruction. Friday night at Wake Co. detention sucks balls. Case was later dismissed and firearm returned.

Actually I did understand this law. It is technically legal to carry in an establishment if not posted however it becomes a tresspassing charge if they ask you to leave and you refuse. That is why I left peacefully and took my buisness with me.
 

carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
Kev I was going to post the same thing so the thread wouldn't have misinformation in it.

As for the part I made bold text, I think you're wrong. Hillbilly sounds like he had it wrong and sincerely thought he was doing the guy a courtesy by complying.

Exact same situation happened to me in Crabtree mall in Raleigh. Doors not posted so I carried on through, got stopped by mall special police but I KNEW that I'd be trespassing if asked to leave. Unfortunately we hit a "snag" in the discussion when they continued to demand my ID and I refused, all the while stating I would be happy to leave upon hearing of their no guns policy for the first time. So they arrested me and charged me with obstruction. Friday night at Wake Co. detention sucks balls. Case was later dismissed and firearm returned.

Have you followed up with a lawsuit? What was the charge?
 

FlyBoy276

Regular Member
Joined
Oct 20, 2011
Messages
144
Location
Raleigh
Kev I was going to post the same thing so the thread wouldn't have misinformation in it.

As for the part I made bold text, I think you're wrong. Hillbilly sounds like he had it wrong and sincerely thought he was doing the guy a courtesy by complying.

Exact same situation happened to me in Crabtree mall in Raleigh. Doors not posted so I carried on through, got stopped by mall special police but I KNEW that I'd be trespassing if asked to leave. Unfortunately we hit a "snag" in the discussion when they continued to demand my ID and I refused, all the while stating I would be happy to leave upon hearing of their no guns policy for the first time. So they arrested me and charged me with obstruction. Friday night at Wake Co. detention sucks balls. Case was later dismissed and firearm returned.

Sounds like an unlawful arrest, to me. http://constitution.org/uslaw/defunlaw.htm
 
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