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Thread: Open carry rejected by private institutions

  1. #1
    Regular Member clarkebar's Avatar
    Join Date
    Oct 2010
    Mesa, AZ

    Open carry rejected by private institutions

    I noticed there are several threads on here in which someone mentions store employees/managers stating that they have some sort of policy that says they do not allow firearms to be carried into their place of business. I have yet to hear about any laws on this though...

    I know it is perfectly legal to ask someone to leave your privately owned property, be it business or personal, for any reason. However, if that reason conflicts with laws concerning conduct on public property does the owner have to post a sign?

    The reason I'm asking this is because any employee could ask you to leave but that doesn't mean the business entity actually wants you too. The employee could just be a liberal and doesn't feel comfortable unless you look like a police officer. I'm going to look for a law about this now.... :-)

  2. #2
    Regular Member
    Join Date
    Jan 2009
    I am with you on this logic Alex.

    It would seem logical that the greeter at WalMart (or the barista at Starbucks) cannot create store policies. However, there is a group on OCDO that will chime in that ANY employee is a representative of the owner and therefore is empowered to trespass you. A couple of them will claim to be cops and insist that the greeter will have the power to trespass you if you take another step in after being warned or attempt to advise them that the store does not in fact have a policy prohibiting open carry of firearms. My initial reaction will always be to smile and question whether that employee is sure of the "policy" and request a member of management to verify that. However, if it begins to escalate, my thoughts are to back off to the parking lot and call the business on my cell phone and ask to speak with the senior manager on duty then continue to document what happens.

    While Starbucks has a policy saying they support gun laws in their area, people still insist that the guy cleaning the bathroom can trespass you just because, well, just because. It doesn't make sense to me and I question some of the claims made from a practical viewpoint. There is also the aspect of the LEO who arrives to find an employee saying one thing and joe blow customer waving his piece of paper he printed off the Internet describing the actual business policy.

    The cops I have talked with indicate that the law is indeed vague but that their reaction would be to seek the senior employee or manager on duty and sort it out unless they arrived to find a scuffle or other violent confrontation in progress. Part of the confusion when people from other states weigh in on this will be that in some states walking past properly posted signs does trespass you immediately. My understanding is that our state does not 9instantly trespass due to signage) and this seems borne out by the encounters described and the couple of times I have had my business rejected.

    Good luck getting it sorted.
    Last edited by ecocks; 11-26-2010 at 11:53 AM.

  3. #3
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Nortonville, KY, USA
    As we have seen many times (IE: Walmart) the greeter asks you to leave but we ask for a manager and find out that we are indeed allowed to enter the store. I always ask for the most senior manager when an issue arrives involving Open Carry, esp with businesses that I know do allow lawful carry.

  4. #4
    Regular Member
    Join Date
    Aug 2010
    Boise, ID
    I've openly carried at the Overland Walmart in Boise many many times (every time I go, actually, regardless of hour) - I usually go later at night/early morning (midnight-3am) just due to screwy hours I have. I've also gone at 1pm with zero problems. I haven't had any issues whatsoever. In fact, I've talked to a few customers about it and educated them on the laws and whatnot.

    Even on the cold days where I'm wearing a large black hoodie and black beanie and don't look the friendliest (it's not my fault it's so damn cold!), I haven't had a single issue from anyone.

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