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OC in stores

rjsilvers

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I've been rather unpleasantly ejected from two stores and told that I'm not allowed to carry because there is a sign posted on the window.

This is in Nye county, btw. Not Clark.

Is this legitimate? I assume they are private properties and thus can impose whatever draconian rule they want, but I find that they being allowed to strip me of my right to defend myself on their premises a bit ridiculous.

How does everyone else deal with this? Do you just meticulously check every store window before you enter?
 

Vegas_Dave

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I THINK that if they post a sign at EVERY public entrance, then it is legitimate but I am sure there are others on here who will give you the full pictures.

I have never been asked to leave a store because of OC personally.

As a business owner myself, it is my right to forbid people to carry a firearm in my store, I just choose not to.
 

varminter22

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As I understand the situation, a private individual/business can set its own rules concerning firearms on their property/in their business.

However, it has been said that failure to comply means you must leave when directed OR face trespassing charges.

I am not an attorney, but the above seems to be the prevailing/conventional wisdom.
 

Gordie

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This is where the question about whose rights are more important gets sticky. If you are goingonto privately owned property you should abide by the owners rules. You wouldn't want someone else telling you what you can or can't allow on your own property. If you tell them what they have to do on their property, then you have to expect to get the same from others regarding your property.

Since they have posted the fact that they don't want guns on the premises youshould obey their wishes, and yes, youdo have to look for the signs beforeyou enter.Since you have a choice to go there or not, it really isn't depriving you of your rights. The exception would be if you were forced to go there against your will.

Another example would be if someone came tomyhouse and started talking to mychildren about a new belief system wherethey worship a ground squirrel. The 1st amendment protectstheir right to worship asthey choose, to discusstheir beliefs in public, and to peaceably assemble,but it doesn't keep me from runningthisperson and all of their followersoff of my property.

It is my belief that property owners rights trumpan individual's rights in this case. If I don't like the rules, I just won't go there, or I will accept the consequences.If these businesses don't want your money while you're carrying, go to those that do.
 

Felid`Maximus

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I never make an effort to look for signs. I just realize that from time to time I will be ejected. In fact,out of all the places I've been ejected from, none of them had no guns signs except for the Amazon.com warehouse which I didn'teven try to enter with my gun. I went back to my car to put my gun away when Isawthe HUGEno-guns signposted on the door. I was accompanying a friend who was looking for a job there.Apparently asecurity guard saw me put it in my carand raisedhis voice telling me that they weren't allowed anywhere on the property including in my car and howI had to vacate the premise immediately.

Signs do not make it illegal, but if they ask you to leave and you do not then you are tresspassing.
 

rjsilvers

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Thanks guys. I guess I'll just have to continue to OC and deal with the fact that sometimes people are going to complain.

In addition to not giving my money to the stores where I'm not allowed to carry.
 

jfrey123

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I did a bid out there at Amazon once, and had to leave it concealed in the car. They were none the wiser, but I remember those signs saying no where on the property...

:celebrate


The law is written to require signs at every public entrance. However, regardless of signage, if they ask you to leave for any reason you're forced to do so. OC or CC or unarmed, they reserve the right to refuse service to anyone...
 

Felid`Maximus

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Yeah its almost funny how big the sign they have is.


As far as how much authority signs have and how they have to be posted,
NRS 202.3673 (which specifies that signsmust be at all public enterances) only applies to public (government) buildings. And even then it only technically applies to concealed carry. So, signs on private property do not carry the force of law under 202.3673, but I supposeif they could prove thatone blatantly ignored a sign that anydecent person would haveunderstoodas a warning from the owner not to trespass they might be able to hammerone on trespass law.

NRS 207.200

1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:
(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or
b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass, Ê is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

2 2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:

(a) If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:

(1) Not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:

(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and

(II) Each corner of the land, upon or near the boundary; and

(2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;

(b) If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:

(1) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 200 feet; and

(2) Each corner of the land, upon or near the boundary;
...
4. An entryman on land under the laws of the United States is an owner within the meaning of this section.

 

BoomBoom

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Hello All,

I think all of the comments are good, however, if you have an CCW and choose to carry that way and if you are carrying correctly NO ONEshould even know that you have a weapon on you. I have been in several buildings in the Reno / Sparks areathat have posted restrictions and no one was the wiser. On Private Property you can not be arrested by the owner for carrying a weapon, hecan onlyasked to leave his property. If you don't leave then you could be subject to arrest for Trespassing only (NRS 207.200)
 

Bravo_Sierra

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I've been asked not to carry "anymore" in 1 store in a total of 4 years OCing in Clark County. Even at that, I was allowed to continue to shop.

Never been ejected.
 

AnakinsKid

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Just so I know what I'm risking by ignoring all the signs (I'll CC if there's a sign), is there a fine for trespass? And if so, how much is it?
 

BoomBoom

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The fine is minimal for the offence. What you don't want is the conviction on your record which might interfere with your renewal of your CCW when the time comes. I always carrymy S&W 4506-01 with a "inside the pants" style holsterand have never been asked about it in over 14 years.

Please don't get me wrong, I truly believe inOC and support it 1000%and should be carrying open from time to time. Today sounds like a good day to start.
 

rjsilvers

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BoomBoom wrote:
Please don't get me wrong, I truly believe inOC and support it 1000%and should be carrying open from time to time. Today sounds like a good day to start.
Even with the two ejections I've still been OCing every day. The kind of people you meet when you OC make it worth it. Hardly a day goes by where I don't get into a pro-gun discussion from people just walking around the stores.

I think it's pretty good publicity for our rights. The more people who OC the better IMHO.
 

AnakinsKid

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rjsilvers wrote:
Even with the two ejections I've still been OCing every day. The kind of people you meet when you OC make it worth it. Hardly a day goes by where I don't get into a pro-gun discussion from people just walking around the stores.

I think it's pretty good publicity for our rights. The more people who OC the better IMHO.
I don't get too many people asking me about guns that don't already know me. I've been told by quite a few people that I look mean/scary. I don't get it. I guess a shaved head and goatee are enough to scare people. It's not like I've got my face covered in tattoos and piercings. I'm not in to either.

It's a different story for people that already know me. I've got a new coworker (a friend from my last job) that wants to go shooting. He told his wife and she's interested too. She used to shoot with her dad when she was younger. We're going to have a group shoot day with another coworker + his wife when the new guy gets back from training in a couple weeks. New guy's wife says she's going to invite along one or more of her cute single friends.:D
 

Vegas_Dave

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AnakinsKid wrote:
I've been told by quite a few people that I look mean/scary. I don't get it. I guess a shaved head and goatee are enough to scare people.
Same for me. I am a big enough guy that when you combine it with the bald head, goatee & dark sunglasses (and typically no smile), people find me intimidating...

Whena co-worker of my wife came and visited us in the hospital after our youngest son was bor (1 month old), she said that seeing me hold and love on my newborn was "throwing (her) off" ... even though she knows me, she still has this impression from the bald awesomeness... :)

Could be worse...
 
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