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Thread: "No Firearms" Signs

  1. #1
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    Can anyone point me to anything in writing for Alabama's legal view of the "No Firearms" signs on public businesses? I live in Madison County/Huntsville, so something specific to there, or general to the state, would be helpful. I've noticed several local businesses that have either signs or "Rules"/"Codes of Conduct" that prohibit valid concealed carry permit holders from carrying.

    Does anyone know if these hold any legal weight in AL, or where I can find official info on the subject?

    Thanks.

  2. #2
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    Well, not being a lawyer, my uneducated opinion would be that a private business on private property has the right to set any rules it desires. I believe if you were to be caught carrying in one of these businesses after being asked not to, the charge would likely be trespassing.

    I don't know any specific cases of this happening, but that's just what my understanding would be.

    Thoughts?

  3. #3
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    If a private business has a no-firearms sign on the door, regardless of the law, I will respect their wishes. Not that I will take off my pistol, I just won't patronize the place. Ever.

  4. #4
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    The primary reason I ask, is not in an attempt to ignore the property owners wishes. It is because the few places I have seen these, they are not wellor obviously posted as you enter.

    What Idon't want to do, is end up in somewhere, carrying in an otherwise legal manner, and then find out after the fact that it was illegal because of a poorly posted sign.

    For example, it is not posted on the outside of Madison Square Mall that you cannot carry, at least not on any entrance I've used (I've looked), but it is in their "Code of Conduct," which you won't seeunless you go looking for it inside the mall, and if you are like me, you don't normally look at all the signs in the mall mixed into the ads.

    Now that I know that, I won't carry there.

    The question is, is that just grounds for them to ask you to leave, should you find out after already in there, or is it grounds for them to call the cops?

    And, if it's grounds for them to call the cops, what is their burden to post their sign properly?



    Again, not trying to ignore the rights of the property owner just trying to make sure they, and I are following the applicable law. In previous states I've lived, those signs have specific requirements to be enforcable with a call to the cops vs. a request to leave.

  5. #5
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    If you are carrying, they may call the cops. However, unless you have been previously notified, the cops should just ask you to leave. If you don't leave, or if you return armed, then you can expect to be arrested for trespassing.

  6. #6
    Regular Member Monkeytown's Avatar
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    I agree with eye95. Just look at carrying in a store that has a sign prohibiting firearms in the same wayas going shoeless in a stoee with a "no shoes, no shirt, no service" sign. It's their policy but no law is being broken. Now if you are found out and asked to leave, then do so or you ratchet up the situation to possible criminal prosecution.



    JMHO and IANAL,

    MT

  7. #7
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    If you will take some pictures of these signs and submit them to me with the Business name and address, I'll post them on the site:

    To submit pics and info:
    http://www.alabamaopencarry.com/index-4.html

    To View other posted places to here:
    http://www.alabamaopencarry.com/index-2.html

    I am of the same opinion as eye95, or if I did carry there, it would be concealed.

  8. #8
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    No Firearms Signs on Private Businesses open to the Public mean that The Owner of that Property does not want Firearms on that Property.

    It is well within His Right to do so, should that be His wish. After all, Private Property in The United States of America is, in fact, Private Property.

    However, carrying a Firearm on that Property notwithstanding such signage would not be a Criminal Act under Alabama Law. Nevertheless, Local Law Enforcement Agencies could act if The Actor, as a result ofcarrying a Firearm on that Property, fails to leave when promted by The Owner or His Designee.

    The Charge would be a Property-related Offense, not a Firearms-related Offense. The Criminal Charge would be Alabama Code 1975 13A-7-4. The punishment, if The Actor were to be found Guilty would be a Violation. Violations are punishable by Imprisonment in The Local Jail for not more than 30 days, per Alabama Code 1975 13A-5-7(b). The Court could also levy a small $200 dollar fine, per Alabama Code 1975 13A-5-12(b).

    Remember Alabama Code 1975 13A-11-52 is bad Law and has been superceeded by Alabama Code 1975 13A-11-73. Where the two conflict, the later prevails, it being a complete revision of the Subject-matter pertaining to Pistols, considering State-wide Preemption of the subject field of Firearms, especially Pistols under Alabama Code 1975 11-45-1.1. (Court Case citied: KJ v. State of Alabama 690 So.2d 541., Ala.Cr.App., 1997)



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