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Thread: Morgantown Mall and open carry allowed, banned??

  1. #1
    Regular Member
    Join Date
    Dec 2011
    Morgantown WV

    Morgantown Mall and open carry allowed, banned??

    I am a frequent visitor to the "Big Mall" here in town. I have been exercising my right to OC for over a year since I retired from the military. I have been a weekly visitor there to socialize with friends and to shop. In the year i have been OC in there I have never had a member of security stop me or heard of any complaints about my OC, I have been asked and then explained that WV law says i can as a law abiding citizen and legally own my handgun and then OC as long as its not posted. Recently while there I was in a shop with several friends when the head of mall security and another security person came in and asked me, "Why are you wearing that?" my reply was because the law says i can, this building isnt posted on any of its entrances. He then informed me the D entrance is the main mall entrance and that its posted there(Its not). He proceded to tell me he has been meaning to talk to me several times over it, yet never has any of his security people said a word about it when we've been in casual conversation and one of them was present. He then handed me a small card with the mall code of conduct on it. The specific code he pointed out states "Openly carrying instruments that could be used to cause injury to another person" and he said the property owner has the right to say i cant OC. I agreed that the owner can, but that they also have to post it legally in a noticable location so people can obey the law. He made no comment on my statement. He then left, didnt ask me to leave or check it in, he just left.
    I went to the mall three times this week to see if the doors have been posted yet, they still havent. I was informed by the shop owner i frequent, that the head of security has said, he will just call the state police and have me arrested if he sees me OC again. 2 of the trips I saw plenty of the security people walking laps in the mall. I went in again friday, and was only in there about 5 minutes when i noticed the head of security, watching me from the main hallway. he then cam into the store, and was oobviously looking to see if i was carrying. He then left, but came back an hour later, and again tried to see if i was carrying. he left again, an hour after that one of the security people came in, and again in looked to see if i was carrying. Now granted they may actually have been checking out the store, but they deliberately did a circuit of where i was to check me from all sides. Nothing was said as i left the weapon secured in my vehicle, and went in with an empty holster.
    So after this tale my question is, what part of state code 67, says he can lie about the posting, not post OC signs, and then continually come very close to harassment in checking me for OC. I do know the part of the code that says the property owner can ask me to leave it off or check it in. But I need the part to show the mall that they have to legally post it to stop OC. I am abiding by the property owners "request" but I refuse to let them violate my right if they are just jealous i have a weapon they dont. I would also like to know if anyone else who exercises OC in there has seen a posted sign, or been stopped as of yet. I dont want someone to walk into a hornets nest that i seem to have caused. I wasnt the only person in there carrying at the time, a friend who is US military, had his OC as well.
    I thank you for taking the time to read this, and any help you can shed on the subject.
    Last edited by SgtMac; 02-11-2012 at 10:32 PM.

  2. #2
    Regular Member GlockIt's Avatar
    Join Date
    Feb 2012
    Warren, Michigan
    Im not sure of your state laws, but in michigan its my understanding that the owner of a privetly owned business can request you to leave. I believe that they must also have a posting with their
    rules. You may want to post your question in the forum under the state you live in for more accurate advice.
    Id rather look at my ugly Glock than shoot your fancy S&W.

  3. #3
    Regular Member
    Join Date
    Dec 2011
    Hereford Az

    Mall Cop Entrapment?

    Arizona statue clearly states that establishment must post "No Carry/No Weapons" signs at ALL points of entrance; however, If the establishment manager/owner/supervisor asks you to leave, you must comply.

    Arizona has other specified requirements that owners must do, such as sign size and font size...I personally would not recommend a OC to argue with the store owner about these requirements while carrying. I have seen OCers try and ignore the sign posted because of the font size, only for the Police to cite or arrest the individual for disturbing the peace or some other trumped up charge. not something I willing to test the waters with. I will not do business with an establishment that denies me my 2A.

    If a mall cop attempted to lie to me about signs posted or having security patrols encircle me, then I would have him directly call the build owner or call the cops for harassment.
    Last edited by dman; 02-15-2012 at 04:18 PM.

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