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Just kick out of Layton Hills Mall for OC.....

daniel.call

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Apr 11, 2007
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56
Location
, Utah, USA
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76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.

(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
(i) a house of worship; or
(ii) a private residence; or
(b) while in possession of a firearm, enter or remain in:
(i) a house of worship; or
(ii) a private residence.
(2) Notice that firearms are prohibited may be given by:
(a) personal communication to the actor by:
(i) the church or organization operating the house of worship;
(ii) the owner, lessee, or person with lawful right of possession of the private residence; or
(iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
(b) posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
(c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
(d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
(e) publication in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state.
(3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:
(a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
(b) provide or allow exceptions to the prohibition as the church or organization considers advisable.
(4) (a) (i) Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.
(ii) The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).
(b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
(5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.
(6) A violation of this section is an infraction.


Here is my question on the situation. When I took my Concealed Weapons course the instructor told us that businesses that allow the general public cannot ban concealed weapons. Looking through the weapons statutes there seems to be exceptions for private residences, houses of worship and secured areas. I don't know how this would apply to oc but does anyone know the specifics?
 

Tacomatose

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Layton, Utah, USA
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I have read that same part of the code many times and I still fail to see where businesses are listed. It says over and over Private Residence, to Business. I have also heard that if they allow free access to the public then they don't have the right to restrict carry of a firearm, but if it is a "private Club" that you have to pay for a membership then they can restrict the members to their policy. I still have not received a reply from the Mall Management so I guess it is time for another trip to the mall;)
 

UTOC-45-44

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Tacomatose wrote:
I have read that same part of the code many times and I still fail to see where businesses are listed. It says over and over Private Residence, to Business. I have also heard that if they allow free access to the public then they don't have the right to restrict carry of a firearm, but if it is a "private Club" that you have to pay for a membership then they can restrict the members to their policy. I still have not received a reply from the Mall Management so I guess it is time for another trip to the mall;)

wait a minute..,wait a MINUTE..,WAIT A MINUTE.:cuss:

I WANNA GO, I WANNA GO.PLEEEEEEEEEEASE:celebrateI WANNA GOOOOOOOOOOO:celebrate

WHEN are You planning this Rally so that I can Possibly be Part of this Posse:monkey
 

Tacomatose

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Layton, Utah, USA
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I really never thought about having a few people all show up there together to dispute this regulation? That my have a bigger effect on the management when they realize that not only did they "wee" in one guys cheerios, they "weed" in the whole batch. I will have to put some thought into it and see if I can get the management to agree to a meeting and then I will post the time and place and we can all make ourselves heard. B
 

utbagpiper

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Utah
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daniel.call wrot


Here is my question on the situation. When I took my Concealed Weapons course the instructor told us that businesses that allow the general public cannot ban concealed weapons. Looking through the weapons statutes there seems to be exceptions for private residences, houses of worship and secured areas. I don't know how this would apply to oc but does anyone know the specifics?
Under the Utah State Supreme Court decision involving the AOL employees, businesses can have no-gun policies. These policies carry no force of law.

IOW, you commit no crime if you ignore the policy. If you were to refuse to leave when asked, you might face trespassing charges. Or maybe not as Utah's commercial trespass law sets a fairly high bar for conviction. I have better use for my money than being the test case there....or patronizing anti-gun businesses for that matter.

In any event, remember the difference between a private policy NOT creating a criminal offense and not being allowed to have a private policy. Businesses can have a private policy. That policy does NOT create a criminal penalty if you violate it. Contrast this with churches and private homes where violation of a private no-gun policy IS a criminal violation.

Charles
 

utbagpiper

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Tacomatose wrote:
I really never thought about having a few people all show up there together to dispute this regulation? That my have a bigger effect on the management when they realize that not only did they "wee" in one guys cheerios, they "weed" in the whole batch. I will have to put some thought into it and see if I can get the management to agree to a meeting and then I will post the time and place and we can all make ourselves heard. B

I'd suggest, instead, a bunch of the "no guns, no money" cards to the individual stores in the mall. Be polite and friendly, but let each store manager know that so long as the mall maintains the policy you won't be spending money there.

Rather than a one time rally, get a dozen people to go in one at a time day after day after day. After two weeks of getting no-guns no money cards, some of the managers may decide that banning gun owning customers is not a good idea.

Charles
 

utbagpiper

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sccrref wrote:
I personnaly do not agree with the mall's policy. Having said that, who's civil rights prevail? The owner of the mall as it is private property or those of us who frequent the mall? If it is our rights that prevail, we would not be able to post signs against LEOs carrying on our private property. Just some food for thought and something to liven up this thread.
What if the owner of a store decided to chain his fire doors shut? Whose civil rights would be violated if we passed laws preventing store owners from doing that?

You see, when we are talking about the lawful possession of firearms we are NOT talking about "civil" rights. We are talking about LIFE, and the protection of life. Life trumps property.

Store owners do NOT get to endanger my life by chaining fire doors shut, or refusing to install them in the first place. Try building a home with a bedroom without two means of egress. Fail to install and maintain a fire sprinkler system in a commercial building. Refuse to shovel the snow and ice off the walks, fail to maintain a safe environemnt in a business, and the law will impose penalties. Property rights do NOT allow a business owner to endanger the life and limb of the public and customers, regardless of what contracts he may have customers sign.

We've long since decided that life trumps property.

Admittedly, the law does not (yet) recognize this fact when it comes to the lawful possession of firearms. But I believe it should. At one time the law allowed businesses to discriminate against customers who were minorities. I see no reason why gun ownerrs/carriers should be the only minority without some protections.
 

UtahCop

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UTOC-45-44 wrote:
I went to South Town Mall on 106th and they stated on their "signs" something to the same effect ason the signs @ Layton Mall but they did not have LEO excemption, meaning LEO's would not be able to walk in with their Shooterseither:celebrate.AndIF I would ever see an LEO I would refer him to the signage and that He/She is NOT exempt. This mall doe not have signage at EVERY enterance either.

Fashion Place Mall fails to have signage at EVERY enterance as well
UTOC -45-44 so are you a cop hater or what? that would be good go up to a police officer and tell him to leave the mall because he has a weapon.what are you going to do next, make a citicens arrest for a code of conduct policy violation. you are an embarrassment to those who really do open carry for the right reasons.
 

FogRider

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Centennial, Colorado, USA
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UtahCop wrote:
UTOC-45-44 wrote:
I went to South Town Mall on 106th and they stated on their "signs" something to the same effect ason the signs @ Layton Mall but they did not have LEO excemption, meaning LEO's would not be able to walk in with their Shooterseither:celebrate.AndIF I would ever see an LEO I would refer him to the signage and that He/She is NOT exempt. This mall doe not have signage at EVERY enterance either.

Fashion Place Mall fails to have signage at EVERY enterance as well
UTOC -45-44 so are you a cop hater or what? that would be good go up to a police officer and tell him to leave the mall because he has a weapon.what are you going to do next, make a citicens arrest for a code of conduct policy violation. you are an embarrassment to those who really do open carry for the right reasons.

Perhaps he was just trying to make a point? Everyone knows cops can carry anywhere, so to point out a sign that forbids them to carry in the mall would show how ridiculous the sign is.
 

UTOC-45-44

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FogRider wrote:
UtahCop wrote:
UTOC-45-44 wrote:
I went to South Town Mall on 106th and they stated on their "signs" something to the same effect ason the signs @ Layton Mall but they did not have LEO excemption, meaning LEO's would not be able to walk in with their Shooterseither:celebrate.AndIF I would ever see an LEO I would refer him to the signage and that He/She is NOT exempt. This mall doe not have signage at EVERY enterance either.

Fashion Place Mall fails to have signage at EVERY enterance as well
UTOC -45-44 so are you a cop hater or what? that would be good go up to a police officer and tell him to leave the mall because he has a weapon.what are you going to do next, make a citicens arrest for a code of conduct policy violation. you are an embarrassment to those who really do open carry for the right reasons.

Perhaps he was just trying to make a point? Everyone knows cops can carry anywhere, so to point out a sign that forbids them to carry in the mall would show how ridiculous the sign is.


Well..,

I'm NOT a cop hater just don't like that cops think they are all that cuz they have a badge.

I don't think I can arrest a cop or dissarm him cuz that would be a felony crime and would put me in a Big jam.

I was trying to make a point to show how Ridiculous the sign is.

Cops are NOT exempt JUST becuase they are cops.

UtahCoptake Chill pill. You seem VERY uptight...Done anything wrong ???

You've got some Serious Chip on your shoulder.


BTW...I have gotten for sure a LEO suspended/Educated due toViolating Laws AND Policies. Sorry, just becuase a LEO has a Badge doesn't make him/her ABOVE the Law. They are there to ENFORCELaw and nothing else. Their opinion isout the window as soon as they "clock in"
 

GeneticsDave

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Oct 24, 2007
Messages
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Bountiful, Utah, , USA
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I already posted this over at Utah Concealed Carry, but I thought it would be worth reposting for anyone who is going to the local malls or other Anti-2A establishments.

"While surfing the internet I ran across some stickers that are meant to be printed up and posted near "No Gun" signs. While I can't expressly condone the posting of these stickers (which may be viewed as vandalism), I sure would laugh if I started seeing them around town.
icon_twisted.gif


Here is the link; it's a Word template that uses Avery White Sticker Project Paper, product number 3383.

What the store really means when they post a 'No Guns' sign.

Enjoy!"

If they're not going to post signs at every entrance, perhaps we should help them...
 

utsp101

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According ot BCI,"At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon,firearm,or explosive is resticted".
 

Tacomatose

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That only applies to a "secured area" not to private property. Private property is not required to post it anywhere, they can just ask you to leave, and that is the end of it. B
 

Cue-Ball

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Kirkland, Washington, USA
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utbagpiper wrote:
What if the owner of a store decided to chain his fire doors shut? Whose civil rights would be violated if we passed laws preventing store owners from doing that?

You see, when we are talking about the lawful possession of firearms we are NOT talking about "civil" rights. We are talking about LIFE, and the protection of life. Life trumps property.

Store owners do NOT get to endanger my life by chaining fire doors shut, or refusing to install them in the first place. Try building a home with a bedroom without two means of egress. Fail to install and maintain a fire sprinkler system in a commercial building. Refuse to shovel the snow and ice off the walks, fail to maintain a safe environemnt in a business, and the law will impose penalties. Property rights do NOT allow a business owner to endanger the life and limb of the public and customers, regardless of what contracts he may have customers sign.

We've long since decided that life trumps property.

Admittedly, the law does not (yet) recognize this fact when it comes to the lawful possession of firearms. But I believe it should. At one time the law allowed businesses to discriminate against customers who were minorities. I see no reason why gun ownerrs/carriers should be the only minority without some protections.
I think you raise some valid points, but I also think that you're trying to apply two different ways of thinking at the same time. You can't apply the reasoning that the current "safety" laws are just, then try to say that the laws against firearms aren't. If you are really raising the case about property rights versus civil liberties (natural rights), then you need to weigh them both equally and under the same scrutiny. You're right when you say that life trumps property, but not necessarily correct when you compare risk of life with life itself.

For instance, you give the example of chaining shut fire doors. This is illegal by law currently, but should it be? Am I not free to leave any business where I feel their policies put me in danger? Let's say I run a business and I want to build a new facility without sprinklers and fire alarms. Does this violate anyone's right to life? Have I actually harmed anyone by not having sprinklers and alarms? Is anyone forced against their will to be there if they don't think it's safe? Let's say that I run a skydiving business instead. Is it any less safe to jump out of a plane than it is to enter a building without fire doors?

Let's say that my building catches fire and an employee dies. Am I, as the business owner, responsible for their death? Was their death a result of my negligence or a result of their choosing to be there? Ditto for someone dying because they failed to open their parachute in time. Is that death the fault of the business owner for not properly instructing them or is it the fault of the customer who chose to take the risk of jumping out of the plane?

Yes, the right to life trumps property rights, but there is a vast (or perhaps subtle?) difference between actual violation of the right to life (deliberately attacking you) and a person making the conscious choice to risk their life (jumping out of an airplane).

While I would agree with you that your right to life is more important than my right to property (ie: I can't murder you simply because you're on my land), I would suggest that you have no right to be on my property anyway. So, in this case, your right to life is not jeopardized except at your choice.

And let's not take the notion that gun owners should be "protected" like other groups. NOBODY should be protected, as we are all equals. :)
 

Cue-Ball

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althor wrote:
Cue-Ball... You don't really believe that do you??? I hope not.
Believe what? That my property rights are more important than your gun rights? You're damn right I do. Nobody has a "right" to be on any other person's private property. By coming onto that property you agree to abide by the property owner's wishes. If the owner says only hot women are allowed, then sorry...them's the rules. If the owner says that you can't come on the property without an offering of beer...them's the rules. If the owner says you can't bring your weapon onto the property....sorry, but them's the rules.

You don't like the rules, you go elsewhere.
 

utsp101

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I think it would be an effective strategy to have all the gun owners in the area of the mall to simply not patronize the mall. With the number of gun owners in the area it would mean a considerable drop in business for the stores in the mall .Economic pressure would be effective. Gun owners can make a big difference if we just unite any threat to the second amendment is a threat to all gun owners. All the anti-gunners are doing is slowly boiling a frog.
 
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