Godscreation wrote:The Mall staff and off duty PD did their jobs. As open carriers or concealed carriers, we must know the law completely.Assuming this is all true and not distorted (I believe my brother is a reliable source, although people can miss-state and mess stories up), Do you think the staff and Off duty handled the situation properly? What is your opinion? I'm not sure what to think about all this.
Now I am not familiar with this mall but I am assuming that they have conspicuous signs stating no firearms to be displayed in the open. It seems as though from the story that concealed carry is not prohibited at the mall.
With all of that said, the mall is private property. Do as you are told. Telling security and police that you are executing your rights is not bright if you don't actually fully know the laws yourself.
Typically, in order for you to be charged criminally with possession of a firearm concealed and/or open, obvious (conspicuous) signs should be placed on these premises in question. Some places are automatically off limits such as educational facilities of all types, state and federal buildings/property, parades, protests, etc. Outside of the signs up or not, most of the time you will get asked to leave. You may even be allowed to return granted your gun has been locked in your vehicle or you have taken it home or whatever but you MUST LEAVE when asked. If you refuse to do so, you can and likely will be charged with trespassing. The person in question could have possibly been arrested and charged with illegally carrying a firearm but the mall may not have had everything in place to enforce that or they just don't want to. All they wanted the person to do was leave, they have the right really to ask anyone to leave, and refusal to do so becomes criminal.
Staff and police handled the situation as properly as they were supposed to. The mall may be a "public" place but it is private property, it is not a government owned shopping center or plaza, it is private, and just as you may not want certain people to come on your property for different reasons, they don't have to let you on their property and can suspend/expell you from it.