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Thread: Carry inside the Chapel Hill Mall?

  1. #1
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    Ok this is a tricky question.

    Chapel Hill Mall in Akron, OH has signs for No Deadly Weapons on all of the doors leading into the mall.

    HOWEVER, Sears is attached to the mall and DOES allow carry. (at least it isn't posted) Sears has a giant opening into the mall and where it attaches and there are ZERO signs saying you cant carry. It isn't posted anywhere at the Sears entrance to the mall corridor.

    I know this is most likely illegal, but can you carry in the mall legally if you "came through Sears" and it wasn't posted.

    I mean, isn't it the business’s responsibility to enforce the law by posting it at all entrances?

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    Well, the signage is supposed to be conspicuous, but if Sears is leasing space from the mall owners, and they have a policy posted elsewhere which applies to the mall generally, then I don't think you would prevail against a trespassing complaint (and possible license revocation proceeding) if you tried this. You would most likely get the "please leave your gun in the car or leave altogether" treatment, with the cops called to see that you comply. Sears ought to have it posted at all public entrances, though, if that's the policy.

    -ljp

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    I used to work at the mall as a security guard about 4 years ago. Sears OWN's there building and parking lot, as well as the other three main stores that are "attached" to the mall. Only the stores INSIDE the mall are leased out. So Sears can allow you to carry without interfering with the Malls policy of no carry. But the real question is, does the Mall have to post signage outside of Sears leading into the mall or as long as its posted "somewhere" are they covered. (because I'll carry and conveniently come in through Sears, even if I just carry concealed)

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    They should make it clearer, perhaps, but you admitted seeing such signage elsewhere, so their intent seems clear enough. I don't think the Sears situation renders the other signage moot. Still, they'd have to be aware of your armed status to have a basis for a complaint, so if you're properly concealed, how is anyone to know? Just hope they don't stop you on suspicion of shoplifting and search you...

    -ljp

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    Ohh I know that I wont have an issue if I’m concealed right.

    Let's make a hypothetical situation where I carry concealed in the mall by coming through Sears. There was no sign posted where I walked into the mall. While shopping, there is a situation that arises where I am forced to defend myself or another with deadly force. (armed robbery with a weapon pointed at someone) I use my pistol and eliminate the threat. The police come and a report is taken. End Story.

    Because I was "unaware" of the signage, being that it wasn't posted where I came into the Mall, and if it was a "good shoot", am I at risk to loose my CHL?

    Even though it's posted on some doors, it isn't posted on others.

    Am I guilty of carrying in a "no carry zone" or am I ok because the business did not have it "properly posted".

    I know this may seem like I'm skirting the law, and I am.

    I just want to make sure that I'd be OK if I "didn't know" because it wasn't posted where I came into the mall.

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    Usually, "good shoots" are considered a public service and do not represent politically attractive cases for prosecutors. I rather doubt you'd get charged for trespassing for stopping a robbery or shooting spree. If you were to get arrested or otherwise charged, just tell the cops that your one phone call won't be to a lawyer or a bondsman, but to a news reporter. I can safely bet that you'd never see the inside of a courtroom.

    -ljp

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    Thats sorta how I looked at it too.

    I didn't think that you would get in trouble, but at least I had an "out" if they asked why I was carrying in the first place.

    I wonder how a "good shoot" would fly if you where in a Bank where it was Clearly posted "no deadly weapons". I would think that you would get off with no jail time, but I bet you could kiss your CHL goodbye.



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    There is a similar situation near where I live. It is a shopping center, and the ownersposted signs at some of the entrances to the parking lot. There are a couple of entrances where it is not posted, and the stores don't post any signs, so I still OC. I think that you would be ok OCing in the Sears as long as you don't go into the mall.

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    They posted the lot? Wow... Never seen it posted at a parking lot entrance before. What won't the lib's think of next...

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    Well doesn't any public place have to be in accordance with the law, such as your local mall. The Fairfield Mall down here has no signs. I drove around to make sure of this. It seems quite a pain that you can't protect yourself in another gun free zone. I might check the dayton mall this weekend to see if theres anything posted there.

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    I was told by my CCW instructor, Dan Clevenger of the Fairlawn Police Department, that those signs MUST be posted on ALL entrances in order to be enforced. He also said that they ONLY apply to CCW permit holders. They do not apply to NON permit holders rights to open carry. However, he said as a permit holder I give up my right to open carry where those signs are posted. As soon as I get my permit I am no longer legally allowed to carry where those signs are legitamitely posted. If I decide to forego my permit I am allowed to open carry in a CPZ until I am asked to leave. At that point I must concede to the owners/managers request or I will be charged with trespassing.

    He also said that either situation is a pain in the ass because the people who write gun laws have no clue when it comes to firearms.

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    Not to disagree with what he said but I believe the signs say "No Deadly Weapons". I would venture to guess that it means no guns, open carry or conclealed. But, I *wink wink* MIGHT carry when I go up there. hehe... I just come in through Sears everytime, where there are no signs. (even if I'm parked on the other side of the mall, if asked I came in through Sears.)

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