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Thread: Carry in Wal-Mart

  1. #1
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    I was just chatting with my friend and co-worker about all things guns, and we were discussing carry in general and OC in particular. Our discussion and my subsequent research has brought up two questions, and I would appreciate any input on either one.

    NC law prohibits (at least) concealed carry in financial institutions:

    § 14‑415.11. (c) A permit does not authorize a person to carry a concealed handgun in ... a financial institution ...

    NC's statute search engine is a bit less user-friendly than VA's LIS system, but in the last two hours of searching, I can find no law prohibiting OC in a bank or other financial instution. This is in contrast to the blanket prohibition that exists for "educational property" and places that serve alcohol. If no such law exists, it would seem that OC is the only option - like VA and restaurants that serve alcohol. Can anyone provide any information on this?

    Now to the original question: What about bank branches inside Wal-Mart? Does that make the entire store off limits to carry, just the area surrounding the bank branch (although there is no defined area for the bank in most cases), or does the law only restrict those who are there to do business with the bank?

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    This probably doesn't help you much, but I would assume it is the same there (atleast I hope it would be).

    In Montana, MCA 45-8-328 says:

    It is not an offense under this section to carry a concealed weapon while:
    (i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
    (ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.

    And since 45-8-351 says that open carry is LEGAL, and the above statute mentions nothing of it, you are A-OK here in Montana. I hope it is the same for you.

    Matt

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    First, I should give the standard disclaimer that I am not a lawyer.

    Having said that, I have researched the issue and agree with your assesment that open carry into a financial institution seems to not be prohibited. I would seek legal advice before doing so. I would carry a copy of § 14‑415.11 with me to show to any LEO who I might encounter while doing so.

    Secondly, the code specifically prohibits concealed carry into any 'financial institution'. I am sure that there is a lease between WalMart and the bank which clearly defines the area the bank is leasing. If you stay outside that area, then you are not in a 'financial institution'.

    I hope this helps! Welcome to OCDO!

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    John - I can't follow your post - is carry prohibited or not in a bank in this jurisdiction?

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    Mike wrote:
    John - I can't follow your post - is carry prohibited or not in a bank in this jurisdiction?
    CONCEALED carry is prohibited in banks in NC. Just like in alcohol-serving establishments in VA.



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    The law here in NC does not prohibit open carry of firearms in a financial institution. That being said, if it is posted no firearms this is obvious, but would not result in a weapons charge but instead a trespassing charge. Walmart on the other hand is a totally different story. Walmart has no true policy on gun carry in the store. If a customer complains your done, but otherwise it's ok. My dad is an assistant manager for the Supercenter here in Monroe and I asked him about it. With the out of control crime here in the Charlotte metro area, I carry everywhere I go. If I can't carry, I don't shop. I urge everyone to do the same. If you can't carry, take your business somewhere you can and let the folks know that is what you are doing.

    P.S.
    There is a bank branch in most supercenters now and they don't seem to care. Just conduct yourself like a proper gentleman or lady and nothing will be said.

  7. #7
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    Today I OC'd in the local Wal-Mart. I was there with my mom and we even visited the branch bank for her to conduct some business. There were no problems and not even any questions. All in all a good day. I know there aren't many people in this area who OC, but I know one who will from now on.

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    packin_NC_79 wrote:
    Today I OC'd in the local Wal-Mart. I was there with my mom and we even visited the branch bank for her to conduct some business. There were no problems and not even any questions. All in all a good day. I know there aren't many people in this area who OC, but I know one who will from now on.
    I have an update for this post. My dad told me this evening that an off duty State Trooper complained to WalMart management about my openly carrying in their store. Apparantly someone needs to be sent back to the academy. I sure am glad he didnt approach me, I believe I would have called for a local officer for that. They told him that WalMart allowed it and they would not say anything to me. Hooray for them.

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    packin_NC_79 wrote:
    packin_NC_79 wrote:
    Today I OC'd in the local Wal-Mart. I was there with my mom and we even visited the branch bank for her to conduct some business. There were no problems and not even any questions. All in all a good day. I know there aren't many people in this area who OC, but I know one who will from now on.
    I have an update for this post. My dad told me this evening that an off duty State Trooper complained to WalMart management about my openly carrying in their store. Apparantly someone needs to be sent back to the academy. I sure am glad he didnt approach me, I believe I would have called for a local officer for that. They told him that WalMart allowed it and they would not say anything to me. Hooray for them.
    Awesome I'm suprized walmart stood up for that:what: Big thumbs up to that wal-mart. And I wouldn't be to critical of the State Trooper. There are A LOT of officers that are unware that it is okay to open carry in this state. It's not that their idiots it's just a lack of education.

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    Yes, but you would think a state cop would somehow know state law, at least the important parts. I again carried today, same store and again, no issues. Maybe dad will tell me tomorrow night someone complained about me. At this point I love my life. My dad being one of the manager there, almost all of them know me and a lot of the regular employees know me as well. At little edumacation will go a long way here I believe. I printed the 40 page NC Firearms Laws that the NC Department of Justice published online. I underlined the parts important to OC and carry that and 2 pocket copies of the US Constitution. I will be happy to point out the law that reaffirms my right to keep and BEAR arms.

  11. #11
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    Odd question: Does the state code define what a financial institution is? Since most stores have ATMs now, could that be construed to be a financial institution?
    ---

  12. #12
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    In NC it is only illegal to carry concealed in a "financial institution". I am not sure, but I don't think a lone ATM suffices for this. A bank or credit union, possibly a mortgage office, possibly brokerage firm. No clear definitions here.

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    I'm not sure if this applies to OC or not, but in my CCW class, the sherrif deputy told us that for purposes of CC, the banks in grocery stores only included the immediate areas around the bank. If you walked by them on the way in/out the door, it was no big deal, but approaching the counter or ATM could get you in trouble.



  14. #14
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    jimwyant wrote:
    I was just chatting with my friend and co-worker about all things guns, and we were discussing carry in general and OC in particular. Our discussion and my subsequent research has brought up two questions, and I would appreciate any input on either one.

    NC law prohibits (at least) concealed carry in financial institutions:

    § 14‑415.11. (c) A permit does not authorize a person to carry a concealed handgun in ... a financial institution ...

    NC's statute search engine is a bit less user-friendly than VA's LIS system, but in the last two hours of searching, I can find no law prohibiting OC in a bank or other financial instution. This is in contrast to the blanket prohibition that exists for "educational property" and places that serve alcohol. If no such law exists, it would seem that OC is the only option - like VA and restaurants that serve alcohol. Can anyone provide any information on this?

    Now to the original question: What about bank branches inside Wal-Mart? Does that make the entire store off limits to carry, just the area surrounding the bank branch (although there is no defined area for the bank in most cases), or does the law only restrict those who are there to do business with the bank?
    I work for a bank, and frequently work to fill in at in-store locations, as far as all of our locations when we have to define our physical limits it just pertains to the space we lease/rent.

    For your question I would consider the 'branch' to be only what the bank leases in the store or rents, but again thats my interpretation.





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    packin_NC_79 wrote:
    In NC it is only illegal to carry concealed in a "financial institution". I am not sure, but I don't think a lone ATM suffices for this. A bank or credit union, possibly a mortgage office, possibly brokerage firm. No clear definitions here.

    As stated earlier I work for a bank, albeit in Indiana, but maybe this helps, we do post signs at some of our brances to remove all hats, sunglasses, and hoods before entering, as well as no cc, some no firearms at all even if you oc, but firearms are not allowed on the premisis (the entire bank property, I keep mine in my car and hope they dont look ) But of course you would have to walk up to the door to see the sign, kind of stupid.

    I also seriously doubt a lone atm would cause a problem, they only way where i could see it as a problem would be if you were going to an atm where it is on the bank property or in the drive through, but again, I am in Indiana, and there are no laws saying you cant oc or cc in a financial institution, but the banks do have the privlege of 'requesting' that you not bring your firearm inside.



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