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Open carrying at the mall

Samantha86

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Joined
Mar 18, 2008
Messages
48
Location
Olympia, Washington, USA
Ok, so I am in Olympia and I don't go to the mall very much at all, and when I do, I never bring my gun inside. I went in there a couple weeks ago and there was a guy open carrying with his kid and wife, even though I have heard that is a no no. I heard it was private property and was told it wasn't welcome. So is it? or isn't it? I don't know who to call to ask, and if it isn't allowed, why isn't there a sign that says so? It seems everywhere I go that doesn't allow guns, won't put a sign up that says so. It seems as if they like confrontation.
 

EMNofSeattle

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Aug 7, 2012
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S. Kitsap, Washington state
Ok, so I am in Olympia and I don't go to the mall very much at all, and when I do, I never bring my gun inside. I went in there a couple weeks ago and there was a guy open carrying with his kid and wife, even though I have heard that is a no no. I heard it was private property and was told it wasn't welcome. So is it? or isn't it? I don't know who to call to ask, and if it isn't allowed, why isn't there a sign that says so? It seems everywhere I go that doesn't allow guns, won't put a sign up that says so. It seems as if they like confrontation.

There doesn't exist in statutory or case law in this state a requirement that a "no guns" sign be posted.
It's possible that the other OCer was employed by the mall, maybe he is known by the manager, or it could be as simple as no one saw his gun or complained so security didn't bother to talk to him.

If an employee of the mall instructs you to leave then LEAVE if he has no authority that can be worked out later. generally in the retail world only managers and security guards can order you to leave, however this is by internal policy, if some fat teen tells you to scram and then calls the cops and presses charges, that could still be considered trespass under the law.

Don't call and ask, but if you must call the main switchboard and ask to speak to security....

Or that people carrying guns openly is so rare to them that it's not worth placing signs.... not confrontation...
 

skeith5

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Sep 19, 2012
Messages
356
Location
United States
There are no laws in Washington that say you can't open carry at a mall. I'm sure your mileage may vary but it could be that nobody noticed the guy carrying who cared or they didn't want a confrontation. I'd carry and take my business elsewhere if they said anything.

IANAL

Sent from my SGH-T999 using Tapatalk 2
 

Samantha86

Regular Member
Joined
Mar 18, 2008
Messages
48
Location
Olympia, Washington, USA
That makes sense, I really don't feel comfortable anymore with out my gun within my reach. There is just too much going on anymore, especially because I am single, a woman, and alone a lot. Who knows what could happen. Thank you.
There are no laws in Washington that say you can't open carry at a mall. I'm sure your mileage may vary but it could be that nobody noticed the guy carrying who cared or they didn't want a confrontation. I'd carry and take my business elsewhere if they said anything.

IANAL

Sent from my SGH-T999 using Tapatalk 2
 

DCKilla

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Mar 5, 2010
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523
Location
Wet Side, WA
I have COed in the South Hill mall a couple of times. They do have a interesting sign. Somebody has posted a picture of that sign somewhere.
 

Metalhead47

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Apr 20, 2009
Messages
2,800
Location
South Whidbey, Washington, USA
Ok, so I am in Olympia and I don't go to the mall very much at all, and when I do, I never bring my gun inside. I went in there a couple weeks ago and there was a guy open carrying with his kid and wife, even though I have heard that is a no no. I heard it was private property and was told it wasn't welcome. So is it? or isn't it? I don't know who to call to ask, and if it isn't allowed, why isn't there a sign that says so? It seems everywhere I go that doesn't allow guns, won't put a sign up that says so. It seems as if they like confrontation.


I would suggest that if you must go into a mall, carry concealed. Since you never know, someone might have a gun in there. :rolleyes: To do so would not be an unlawful act. If "caught" you would be asked to leave, and trespassed if you refused. Same as if you were open carrying. What Paul Blart & crew don't know can't hurt YOU. Experience around here is generally that open carry is not tolerated at malls, and you will be asked to leave. Yes, there will inevitably be exceptions to this. Myself, I avoid malls as much as possible, but there's no way in hell I'd go into one unarmed.

Remember, even if some place actually DOES have signs posted (my dr office this morning actually had a pretty big one), they bear NO FORCE OF LAW. To carry past such a sign is not unlawful EXCEPT those places (all gov't buildings) SPECIFICALLY mentioned in state law as off limits. And the feds of course.

Concealed means concealed. Don't ask, don't tell.
 

BigDave

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Nov 22, 2006
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Yakima, Washington, USA
If you know they are not gun friendly then by all means carry concealed.

Note that signage may not carry a penalty by law but being trespassed does and the way it stands they can refuse service to essentially anyone.

I want to emphasize if you were found to be carrying you could be asked to leave and secure your firearm in your vehicle or trespassed for a period of time to forever regardless of intending to carry or not again or they just ignore it.
 

Freedom1Man

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Jan 14, 2012
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Greater Eastside Washington
If you know they are not gun friendly then by all means carry concealed.

Note that signage may not carry a penalty by law but being trespassed does and the way it stands they can refuse service to essentially anyone.

I want to emphasize if you were found to be carrying you could be asked to leave and secure your firearm in your vehicle or trespassed for a period of time to forever regardless of intending to carry or not again or they just ignore it.

Fine, then I would want a full refund on all my purchases made that day.
 

LkWd_Don

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Mar 26, 2012
Messages
572
Location
Dolan Springs, AZ
I would suggest that if you must go into a mall, carry concealed. Since you never know, someone might have a gun in there. :rolleyes: To do so would not be an unlawful act. If "caught" you would be asked to leave, and trespassed if you refused. Same as if you were open carrying. What Paul Blart & crew don't know can't hurt YOU. Experience around here is generally that open carry is not tolerated at malls, and you will be asked to leave. Yes, there will inevitably be exceptions to this. Myself, I avoid malls as much as possible, but there's no way in hell I'd go into one unarmed.

Remember, even if some place actually DOES have signs posted (my dr office this morning actually had a pretty big one), they bear NO FORCE OF LAW. To carry past such a sign is not unlawful EXCEPT those places (all gov't buildings) SPECIFICALLY mentioned in state law as off limits. And the feds of course.

Concealed means concealed. Don't ask, don't tell.

I prefer to OC, so if I go into a Mall with my wife or my family (I am rarely in a Mall by myself), and they choose to confront me to tell me that my personal protective device is not welcome, I make a point of informing them that I will comply but ask that they let management know that as long as I my every day carry protective device is not welcome, I will consider that my money is also not welcome there either.

That is why you will no longer find me in the Tacoma Mall (Simon Properties), and yes I have told them I will no longer patronize their facilities -In a direct email at that.

They have not replied, as they do not care, there are thousands of shoppers who either are not 2A supporters or will simply roll-over and become non-law-abiding citizens in that they know that the Mall does not want weapons on their property, and will violate the property rights of the Owners and CC anyway. That to me is hypocrisy!

Enough of the retailers that have brick & mortar stores in the Mall also have an on-line presence and I can order from them on-line, thus not giving my business or my $$ to the brick & mortar store paying rent to the mall properties.

I look at it this way, if the on-line sales are good but the Brick & Mortar Sales are lacking, then the physical store will close or move to a different location, depriving the 2A violating property owners from income.

If enough folks who are 2A supporters announce their intentions to the property owners and then the property owners see that stores are closing up in their locations, then maybe they will rethink their position. Till then, everyone who capitulates without any sound negotiating, is simply caving in to the Anti-Gun crowd.
 

BigDave

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Yakima, Washington, USA
If you know they are not gun friendly then by all means carry concealed.

Note that signage may not carry a penalty by law but being trespassed does and the way it stands they can refuse service to essentially anyone.

I want to emphasize if you were found to be carrying you could be asked to leave and secure your firearm in your vehicle or trespassed for a period of time to forever regardless of intending to carry or not again or they just ignore it.

Fine, then I would want a full refund on all my purchases made that day.

What are you, 12 years old! Stomp Stomp Slam Slam Stomp Stomp ! :lol:
 

amlevin

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Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Ah yes, the Mall.

That's where you go when you find people walking 3-4 abreast at their own leisurly speed, not caring about anyone around them.

Where at Christmas time there are so many kiosks and tables in the walk ways that it takes forever to get to the shops you want to.

Where every car parked in the Parking Lot is at risk of being broken into or stolen.

Where purses get snatched

Where low-life @-h**** follow you to the car with the intent to rob the owner or steal the car. (of course people here aren't concerned, they're armed:))


You bet, a Mall is just where I want to go, especially at Christmas time. My shopping is almost done and the biggest trip I'll have to make is to the front door to get the package from the FEDEX/UPS man.
 

Metalhead47

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Apr 20, 2009
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South Whidbey, Washington, USA
I prefer to OC, so if I go into a Mall with my wife or my family (I am rarely in a Mall by myself), and they choose to confront me to tell me that my personal protective device is not welcome, I make a point of informing them that I will comply but ask that they let management know that as long as I my every day carry protective device is not welcome, I will consider that my money is also not welcome there either.

That is why you will no longer find me in the Tacoma Mall (Simon Properties), and yes I have told them I will no longer patronize their facilities -In a direct email at that.

They have not replied, as they do not care, there are thousands of shoppers who either are not 2A supporters or will simply roll-over and become non-law-abiding citizens in that they know that the Mall does not want weapons on their property, and will violate the property rights of the Owners and CC anyway. That to me is hypocrisy!

Enough of the retailers that have brick & mortar stores in the Mall also have an on-line presence and I can order from them on-line, thus not giving my business or my $$ to the brick & mortar store paying rent to the mall properties.

I look at it this way, if the on-line sales are good but the Brick & Mortar Sales are lacking, then the physical store will close or move to a different location, depriving the 2A violating property owners from income.

If enough folks who are 2A supporters announce their intentions to the property owners and then the property owners see that stores are closing up in their locations, then maybe they will rethink their position. Till then, everyone who capitulates without any sound negotiating, is simply caving in to the Anti-Gun crowd.

Refer to amlevin's latest post as to most of the reasons I hate going to malls in the first place, but there are times when a specific set of circumstances makes it unavoidable (usually because the wife REALLY REALLY wants to go to the mall. She tolerates my foibles, I tolerate hers.) Carrying in the mall against their wishes is in NO WAY "non-law-abiding," I am breaking no law by doing so. It is at best disrespectful, same as I find their request to go into a dangerous place unarmed. It's not hypocritical, it's a practical solution to a real-world problem. You can't win every battle, especially when the "guns are bad" mentality is as ingrained as it is with "mall people." You'll sooner be able to OC your sidearm in to the Mayor of New York's office.

SO if, for whatever reason, going into the mall is unavoidable, I can either go unarmed and leave myself and/or my wife defenseless in a place with a history of violence, or simply decline their REQUEST not to carry in a way that leaves their little bubble of happy-happy disconnected reality intact while maintaining the tools to protect myself & my family from the *actual* bad guys who have also ignored their silly little policy.
 

Flopsweat

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May 1, 2011
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165
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Slightly right of center
...

They have not replied, as they do not care, there are thousands of shoppers who either are not 2A supporters or will simply roll-over and become non-law-abiding citizens in that they know that the Mall does not want weapons on their property, and will violate the property rights of the Owners and CC anyway. That to me is hypocrisy!

...

If I carry at the mall against the wishes of the property owners or managers, exactly what law am I breaking? Bear in mind that I will want you to cite a specific law, not some vague "you are violating their property rights".
 

hermannr

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Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
Ok, so I am in Olympia and I don't go to the mall very much at all, and when I do, I never bring my gun inside. I went in there a couple weeks ago and there was a guy open carrying with his kid and wife, even though I have heard that is a no no. I heard it was private property and was told it wasn't welcome. So is it? or isn't it? I don't know who to call to ask, and if it isn't allowed, why isn't there a sign that says so? It seems everywhere I go that doesn't allow guns, won't put a sign up that says so. It seems as if they like confrontation.

You can carry on any private property that is open to the general public in any legal manner, until you are asked to leave. Then you must leave, and protest later. Remember, also, that there are malls that are against carry, that have stores in them that allow carry. Also, signs do not carry the weight of the Law. Someone with the proper authority to represent the mall has to personally ask you to leave.

My personal way to handle this...I only shop where OC is not questioned. If I am asked to leave, I leave...if I have any unpaid for item(s)..I just leave them right where they are...full shopping cart and all. I then explain to the management of that retailer that I will not be back, and why.
 

Freedom1Man

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Jan 14, 2012
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Greater Eastside Washington
What are you, 12 years old! Stomp Stomp Slam Slam Stomp Stomp ! :lol:

What would be so unreasonable about the demand for a refund?

If I have been shopping in the mall and then I am told that my gun is not welcome and it is required to leave, then I want to return my purchases and get my money back.
 

LkWd_Don

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Mar 26, 2012
Messages
572
Location
Dolan Springs, AZ
there are thousands of shoppers who either are not 2A supporters or will simply roll-over and become non-law-abiding citizens in that they know that the Mall does not want weapons on their property, and will violate the property rights of the Owners and CC anyway. That to me is hypocrisy!

~~ snipped ~~ Carrying in the mall against their wishes is in NO WAY "non-law-abiding," I am breaking no law by doing so. It is at best disrespectful, same as I find their request to go into a dangerous place unarmed. It's not hypocritical, it's a practical solution to a real-world problem. ~~ snipped ~~

Please read what I said again. I have emphasized some of it for clarity.

Then maybe you should consider that in nearly all of our laws, intent is what separates a criminal act from an accidental one. If you are already aware (Know) that a restriction of firearms exists on a certain property, then by entering that property, you are knowingly violating the Owners wishes, and even without them having to tell you that it is not allowed, are making yourself an intentional trespasser.

Based upon your statement, you do not believe that you are doing anything wrong or committing any crime if you violate a property owners rules while on his Property!

I will turn this around on you and ask that you show me where there is no possible way that any property owner can have you arrested for bringing a firearm onto restricted property.

Even if you can, it does not change that you would become a hypocrite should you attempt to feign ignorance when approached for carrying a firearm onto property where you know it is prohibited..

Yes, the onus of proof that you knew in advance, will still fall on the Owner, however at that point you have already shown to yourself and possibly to others what your lack of integrity is, that you lack the respect for others rights that you expect they would grant to you.

Since you asked that I povide something, I would direct you to many of Washington States Administrative Codes that would not give you the option, but would have you arrested for carrying concealed if caught on specific properties. That in itself implies that you are breaking laws. Admin Codes in and of themselves mean little, but most of the codes I refer to have RCW's behind them giving them their bite, as the State of Washington occupies and preempts all firearm regulations, then their own Administrative Codes restricting firearms do carry weight. Here is just one as an example. http://apps.leg.wa.gov/wac/default.aspx?cite=10-20&full=true#10-20-010

Think about something else: If you have your property marked "No Firearms Allowed", then happen to observe someone you do not know carrying a concealed firearm onto your property, would you simply say, Oh well.. he is just trying to provide himself with a practical solution in a real world situation, or would you consider taking action that may cost him his life?
 

darkside

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Aug 14, 2012
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Location
spokane wa
What would be so unreasonable about the demand for a refund?

If I have been shopping in the mall and then I am told that my gun is not welcome and it is required to leave, then I want to return my purchases and get my money back.

Well, the demand for a refund in and of itself is not unreasonable, but i suspect that you would be told that you can get your refund just as soon as your weapon leaves the mall. Mall security does not have to let you go to any stores for any reason once you have been told to leave. And the mall itself does not have to give you a refund since you did not pay an admission fee. My suggestion would be to take your purchases, go home and have a cold beverage to soothe your nerves.

Just my .02 cents.
 

LkWd_Don

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Mar 26, 2012
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Dolan Springs, AZ
If I carry at the mall against the wishes of the property owners or managers, exactly what law am I breaking? Bear in mind that I will want you to cite a specific law, not some vague "you are violating their property rights".

Read my last post to Metalhead47 and know that if you carry on property that you already know in advance is restricted by the Property Owner, if nothing else, you make your self a complete hypocrite for not respecting the same rights that you would demand they grant you without hesitation.

Do you wish to argue that point?

Would you also wish to argue that in our system of justice, that separates most acts from being accidental to being criminal is knowing in advance and intentionally violating whatever it is that you are violating?

I have no posted signs on my property, but if someone I do not know enters my property without my express invitation, and I see a strange bulge that I suspect is a concealed weapon, Do I have to wait before I shoot? Absolutely Not!

Keep that in mind as you violate a private property owners stated wishes.
 
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LkWd_Don

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Location
Dolan Springs, AZ
Citation, please?

RCW 9A.16.020
Use of force — When lawful.

The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:

(4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;

http://www.leg.wa.gov/LawsAndAgencyRules/Pages/constitution.aspx
Article 1 - DECLARATION OF RIGHTS
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired,
 

BigDave

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I have no posted signs on my property, but if someone I do not know enters my property without my express invitation, and I see a strange bulge that I suspect is a concealed weapon, Do I have to wait before I shoot? Absolutely Not!

There is a man in Onalaska where he shot and killed a man with his wife coming onto his property at night which had been burglarized in the days before and is doing time in prison for it, how does that scenario work out for you and no one else?

http://www.leg.wa.gov/LawsAndAgencyRules/Pages/constitution.aspx
Article 1 - DECLARATION OF RIGHTS
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired,

Keyword here is DEFENSE, this is a serous failure to understand Washington State Constitution and Laws.

The only explanation I see that can apply here is that your OCDO login has been hacked and someone is posting ridiculous bull.
 
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