• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

OCing in a mall?

Kloutier

Regular Member
Joined
Mar 25, 2010
Messages
193
Location
Spanish Fork Utah, Utah, USA
imported post

I go to orem and provo maill often and never has an issue however yesterday when I was unpacking the wife and kids from the car a guy came up to me and said "before you carry that thing into the mall you should know its illegal" I said show me the law and he was only able to respond with it was in my legal class last week.

So in an nut shell is it illegal? I was not able to see any mention of it in the utah state law?
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
imported post

I have PERSONALLY been told by a security guard in the Provo Towne Center Mall that they are private property and don't allow weapons. For the record... he asked me to leave, put my weapon in my vehicle, and then return... HE DID NOT TELL ME TO LEAVE. I did leave about 20 minutes later AFTER FINISHING MY BUSINESS and I haven't been back!

I can't speak for the Orem mall. I have OC'd there but have not be confronted by ANY persons about carrying nor have I seen any signage (that I am NOT looking for).

Again, even if posted, if they are not on the short list from the state like the secure areas of the airport it is NOT ILLEGAL to carry there.

You can be charged with trespassing if they ask you to leave and you refuse. This is NOT A WEAPONS CHARGE. It is a defense to the charge that your conduct did NOT substantially interfere with the owners used of their property in a location open to the public..... see 4a & b below

Link to Utah Trespassing law to follow... Tried to make it a hotlink but I don't know how!

Code:
[url]http://le.utah.gov/~code/TITLE76/htm/76_06_020600.htm[/url]

76-6-206. Criminal trespass.
(1) As used in this section, "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial terrorism:
(a) he enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether his presence will cause fear for the safety of another;
(b) knowing his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(c) he enters a condominium unit in violation of Subsection 57-8-7(7).
(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was committed in a dwelling, in which event it is a class A misdemeanor.
(b) A violation of Subsection (2)(c) is an infraction.
(4) It is a defense to prosecution under this section that:
(a) the property was open to the public when the actor entered or remained; and
(b) the actor's conduct did not substantially interfere with the owner's use of the property.

Amended by Chapter 210, 2006 General Session
 

Sigmanluke

Regular Member
Joined
Jan 18, 2010
Messages
12
Location
Springville
imported post

I OC at PTCM often, and have never been approached by security, even when I know they saw my gun. I've heard stories of others being asked to leave, but it has never happened to me.
 

younggun20

Regular Member
Joined
May 7, 2009
Messages
276
Location
Ogden, Utah, USA
imported post

Ive open carried at valley fair almost weekly for 5 6 months, also carried at fashion place and south towne without an issue.
 

leeland

Regular Member
Joined
Jul 4, 2009
Messages
90
Location
Davis County, ,
imported post

I've open carried in several malls, most commonly the one in Layton. Never had a problem (unless you count the Gateway mall where I was asked to conceal by head of security / accompanying police officer).
 

Bushidonate

Regular Member
Joined
Apr 13, 2009
Messages
31
Location
Clearfield, Utah, USA
imported post

I have been told that I need to cover it or leave at the Layton mall. I had nice discussion with the security guard there. He informed me that it is listed on the rules (?) board by the food court that open display of weapons on the mall property is not allowed. I checked as I left and it was. It's in the middle of the list, and not vary prominent. I now do most of my shopping elsewhere, but when I do have to go in cover with my t-shirt. Not ben talked to since.
 

Kingfish

Regular Member
Joined
Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
imported post

Bushidonate wrote:
I have been told that I need to cover it or leave at the Layton mall. I had nice discussion with the security guard there. He informed me that it is listed on the rules (?) board by the food court that open display of weapons on the mall property is not allowed. I checked as I left and it was. It's in the middle of the list, and not vary prominent. I now do most of my shopping elsewhere, but when I do have to go in cover with my t-shirt. Not ben talked to since.
That is quite different than most other malls. At least they allow defensive arms in some fashion.
 

huntingcrazy

Regular Member
Joined
Apr 26, 2010
Messages
15
Location
Las Cruces, New Mexico, USA
imported post

It is funny that most mall security guards are prohibited from carrying a firearm. When there is a someone illegally discharging a firearm (like at trolly square) the unarmed security guards would probably be the first to run away while screaming, "I'm getting paid minimum wage to get shot up??? I don't think so!"
 

younggun20

Regular Member
Joined
May 7, 2009
Messages
276
Location
Ogden, Utah, USA
imported post

I OC'd at fashion place for about 3 hrs today with no problem at all. Also for about a hour, hour and a half at Layton hills mall. No issues to report.
 
Top