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Thread: UOC in public places

  1. #1
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    What are the laws involved in UOC in public places like grocery stores, banks, the mall etc? I am assuming that there are not laws involved so much as polices.

    I assume that if I go to McDonald's and the manager does not like it, they can ask me to leave, but how would you know beforehand if it is against some sort of policy (ie store policy etc...)

    Do you just go in, and if a manager approaches you and informs you of some policy then leave, or what?

    What if you go into some store, and the manager calls the cops on you, without ever approaching you.

    I suppose if they did not like it, they could trespass you, or ask you to leave.

    What are your experiences with this?

  2. #2
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    If somebody asks you to leave their property, you should leave or risk being charged with trespassing. This should be readily apparent to anybody who has read the docs at http://californiaopencarry.org

    I'd suggest reading up more on the law before you attempt UOCing so you don't get caught doing something illegal.

  3. #3
    Regular Member wewd's Avatar
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    Rusty wrote:
    What are the laws involved in UOC in public places like grocery stores, banks, the mall etc?* I am assuming that there are not laws involved so much as polices.*
    Private property is generally governed by the property owner. There are no specific laws on carrying on other people's private property. Signage carries no weight of law in California, so even if the property had a big, bold "NO GUNS" sign on the door, you are not violating any law by ignoring it. However you still must obey state law and not enter any property prohibited by the state, or within 1,000 feet of a K-12 school.

    I assume that if I go to McDonald's and the manager does not like it, they can ask me to leave, but how would you know beforehand if it is against some sort of policy (ie store policy etc...)
    You won't know their policy until they recite it to you. If they have an opinion about UOC, they will most likely tell you. If their policy is visibly posted, you are not required by law to obey it. Most malls are posted no weapons.

    Do you just go in, and if a manager approaches you and informs you of some policy then leave, or what?
    You are required to leave the property if asked by the owner or agent of the owner. If you refuse, you may be arrested for criminal trespassing.

    What if you go into some store, and the manager calls the cops on you, without ever approaching you.*
    This has happened to many UOCers, as some managers are timid when presented with an armed individual. You will always have to expect this as a possibility whenever you carry on private property. If you have not been asked to leave by an agent of the property, then you are not trespassing under the criminal definition, so an officer may not arrest you for criminal trespass until there has been a refusal to vacate the premises. Disobeying posted signage does not constitute refusal to vacate the property. A peace officer may act as an agent of the property owner and ask you to leave, and you are required by law to obey their request.

    I suppose if they did not like it, they could trespass you, or ask you to leave.
    Precisely.

    What are your experiences with this?
    I've yet to be kicked off any private property while carrying.
    My replies in blue. Lookup Penal Code 602 if you wish to know the law on criminal trespass in the state of California.
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    Regular Member coolusername2007's Avatar
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    In this economy cash is king, just flash your bankroll and say "I was going to buy something." :-) Carry the educational brochure with you, and politely ask that they read it. You can also ask them if their corporate policy specifically rules out legal carry options in your state. Many large national corporations either don't have a policy or accept the legal form of carry in that state. Later on you can always call the manager of the store back and talk some more to answer any questions they may have.

    Awhile back when Wewd and Iwere planning the 1st Monthly Meetup we choose the Bass Pro Shops because of their acceptance of 2A across the country. Well as you might imagine that didn't quite translate here in the PRK. So I just directed them to this site as an educational forum for them and coupled with their national policy, that this manager was unaware of, all was good and our 1st Monthly Meetup went off without a hitch.

    As a side note, anybody wishing to UOC for their firstor second time and needing a friendly place of business to do it, go to the Bass Pro Shops in Rancho Cucamonga. They are friendly to 2A and welcome all legal, law abiding, upstanding citizens who choose to UOC.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  5. #5
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    coolusername2007 wrote:
    As a side note, anybody wishing to UOC for their firstor second time and needing a friendly place of business to do it, go to the Bass Pro Shops in Rancho Cucamonga. They are friendly to 2A and welcome all legal, law abiding, upstanding citizens who choose to UOC.
    Good to know.....Thanks for sharing!

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