OC'd at Trolley Square today

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Oh sorry, to clarify, private businesses are given the same protection as private residences.

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Hmmmm... that is very interesting. Sorry if this sounds rude, but how did you find that out? Just curious

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I found that out from the nice people here at OCDO :celebrate:celebrate:celebrate:celebrate

Oh and :monkey:monkey:monkey:monkey

But seriously I'll try and find the link to the discussion and post it for you.

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Thanks man. You and everyone else on here are completely AWESOME!

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I apologize but I can't find the thread, I spent an hour trying to find it but no luck. Start a thread and ask the question and you will definitely get a response.

Oh and NP, If we didn't help people to OC, we wouldn't be very effective in our cause now would we?

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thx997303 wrote:

Oh sorry, to clarify, private businesses are given the same protection as private residences.

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That's not true. At least, that's not what the law says, and AFAIK there's no case law supporting that interpretation.

A private business that is ALSO a private residence (e.g. home business) could post a sign that would have legal force under the statute you posted, but one that is not a residence would not.

If there is any legal force behind a private business' "No Guns" sign, it would have to come from the criminal trespassing statute, 76-6-206. It's open for interpretation whether or not OCing in a posted business would be immediate trespassing, or whether you'd have to be asked to leave, and refuse, before you're trespassing. The trespassing statute includes defenses that make it legal to CC (with a permit) in the presence of a "No Guns" sign, even if merely entering in violation of a posted policy is trespassing, but any carry is illegal in posted residences and churches.

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I don't want this question to be taken the wrong way with a response like "because we can".... but why take the risk if NO specific statute says explicitely that YOU MAY enter a private business with a firearm regardless of posted signs against weapons?

Seems like this could open up several negative legal avenues against the carrier of the firearm.

And I'm not trolling this site to start controversy, as I have said before I want to get my concealed permit... so to me I might not want to take the risk and get some stupid misdemeanor thrown at me which prevents me from doing so.

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xRapidDavex wrote:

.... but why take the risk if NO specific statute says explicitely that YOU MAY enter a private business with a firearm regardless of posted signs against weapons?

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Because if we ask the government for permission to live our lives than we have lost everything that our forebears worked so hard to obtain. Not having to ask permission seems like a pretty good definition of "Freedom" to me.

If it is not prohibited by law, it is allowed. That is just the way it works.

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ScottyT wrote:

If it is not prohibited by law, it is allowed. That is just the way it works.

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I see what you mean. Hopefully no one runs into such a pissed off business owner that it can't be resolved quickly with a quick discussion about applicable laws.

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xRapidDavex wrote:

ScottyT wrote:

If it is not prohibited by law, it is allowed. That is just the way it works.

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I see what you mean. Hopefully no one runs into such a pissed off business owner that it can't be resolved quickly with a quick discussion about applicable laws.

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As long as you leave if/when they ask you to, there shouldn't be a problem.

It is better to educate them when you are not standing in front of them wearing a firearm. Go back unarmed or CC and try to have a rational conversation with them, or write a letter to them (and corporate offices) telling them why you will be taking your business elsewhere until their policy changes.

I think I would start that conversation with something like:

"I respect your right as a private business owner to run your business however you want -- that's one of the things that makes this country so great -- BUT, here are my concerns about your no firearms policy..."

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Good idea Scotty. I was actually going to ask, my interpretation says that their word for kicking a person out lasts a year or until they reform their policy (whichever comes first).

I wasn't sure if that meant a year coming back with the firearm or a year that you couldn't return at all.

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Man, I must have read that one thread wrong, can't believe it. And I was so sure.

Anyway, it sounds like the law is clear as mud again.