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Thread: Checking weapons

  1. #1
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    I've been OCing for about a month now but a recent thread made me think about something and I wanted to get other people's opinions. On checking weapons:

    13-3102. Misconduct involving weapons;
    A. A person commits misconduct involving weapons by knowingly:
    10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01
    (emphasis added)

    What is a reasonable request? In my opinion a simple no weapons sign is NOT a reasonable request. That is an illegal sign. I am unsure about a sign that would read something like "please check weapons at desk" or something of that nature. I have heard that signs at a business saying "no firearms" is not enough, that they must ask you to leave before you can be charged with tresspass, and I wonder if it's the same case with this. Is a sign enough for them to charge you with Misconduct if you don't follow the sign, or must they verbally request that you check your weapon?

    Of course they still must be able to provide the storage.



  2. #2
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    As long as the sign is out of the way or small enough that you can argue you didn't see it they have to make a verbal request for you to check your weapon.

    Also, this statute does not generally apply to businesses. They have no requirement to store your weapons, and can ask you to leave. If you don't you are trespassing.


    13-3102
    L. For the purposes of this section:
    1. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.
    2. "Public event" means a specifically named or sponsored event of limited duration either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. Public event does not include an unsponsored gathering of people in a public place.

  3. #3
    State Researcher
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    I'm not from Arizona, so I'm not familiar with their laws; however, unless the sign requested that you 'check your weapon', this ordinance would not apply. A 'No Guns' sign is not requestion you relinquish custody of the weapon to the event sponsor... However, a well-posted, "Please check your weapons at the front desk" probably would suffice.

  4. #4
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    radwood wrote:
    Also, this statute does not generally apply to businesses. They have no requirement to store your weapons, and can ask you to leave. If you don't you are trespassing.
    I get that. I was just wondering since most people ignore signs that businesses put up asking you not to carry until they ask you to leave, if they would, and could, ignore a sign that would ask you to check your weapon until asked to do so.

  5. #5
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    whiskaz_55 wrote:
    radwood wrote:
    Also, this statute does not generally apply to businesses. They have no requirement to store your weapons, and can ask you to leave. If you don't you are trespassing.
    I get that. I was just wondering since most people ignore signs that businesses put up asking you not to carry until they ask you to leave, if they would, and could, ignore a sign that would ask you to check your weapon until asked to do so.
    A reasonable request would have to be reasonable to both parties...who are both being reasonable of course! For example, if the proprietor asks you to "check your weapon" you must have reasonable assurances they can protect you, they have confiscated ALL weapons entering the building, they can securely and reasonably assure you the weapon is safe from theft, vandalism, or other loss, and that you have immediate access to regain possession of the weapon when leaving.

  6. #6
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    whiskaz_55 wrote:
    I get that. I was just wondering since most people ignore signs that businesses put up asking you not to carry until they ask you to leave, if they would, and could, ignore a sign that would ask you to check your weapon until asked to do so.
    Sorry, I misunderstood what you were saying.

  7. #7
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    radwood wrote:
    whiskaz_55 wrote:
    I get that. I was just wondering since most people ignore signs that businesses put up asking you not to carry until they ask you to leave, if they would, and could, ignore a sign that would ask you to check your weapon until asked to do so.
    Sorry, I misunderstood what you were saying.
    NP. I re-read my OP and it wasn't as clear as I thought it was.

  8. #8
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    Sounds to me that if you are attending an event or location ran by the government you are required to turn over your weapon when they requestit.

    Reasonable Request = You are not being forced to and no demands are made. You can keep it and leave or turn it over and stay.

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