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Carry at the mall?

Jordan6679

Regular Member
Joined
Nov 7, 2013
Messages
79
Is it legal and or acceptable to open carry at a mall? Let's say a mall in tulsa. After see the mall seige of Kenya, my thoughts of malls have changed.
 

Jordan6679

Regular Member
Joined
Nov 7, 2013
Messages
79
Sorry admin this should be nuked. Google knows all.

Sent from my DROID RAZR using Tapatalk
 

Bill Humphries

New member
Joined
Mar 28, 2013
Messages
2
Location
Coweta
Yes and no

Is it legal and or acceptable to open carry at a mall? Let's say a mall in tulsa. After see the mall seige of Kenya, my thoughts of malls have changed.

It is technically legal to carry at the mall. However, the Tulsa malls have "no gun" signs. The signs do not have the weight of law. If the management or their representative ask you to leave, leave. If you refuse, a sworn law enforcement officer can be called. The officer will cite you for criminal trespass ($300) and arrest you if you continue to refuse to leave. This scenario is much more likely with open carry than concealed carry. Recent changes in the SDA clarified the "no gun" signs and policies.

www.concealedcarrycoweta.weebly.com
 

DamnYankeeOk

Regular Member
Joined
Apr 24, 2013
Messages
24
Location
Oklahoma
It is technically legal to carry at the mall. However, the Tulsa malls have "no gun" signs. The signs do not have the weight of law. If the management or their representative ask you to leave, leave. If you refuse, a sworn law enforcement officer can be called. The officer will cite you for criminal trespass ($300) and arrest you if you continue to refuse to leave. This scenario is much more likely with open carry than concealed carry. Recent changes in the SDA clarified the "no gun" signs and policies.

www.concealedcarrycoweta.weebly.com

As of Nov 1st its no long a criminal trespass. Its a non-criminal trespass. $150 fine IIRC.

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Jordan6679

Regular Member
Joined
Nov 7, 2013
Messages
79
Thanks. These forums and their short language. Haha

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Stoney

New member
Joined
Feb 28, 2014
Messages
3
Location
Claremore
Personally, If a store refuses me to carry, open or concealed, I will refuse to spend my money there. But that is just me.
 

BikerGuy57

Regular Member
Joined
Feb 11, 2013
Messages
35
Location
Midwest City, OK
Here's something I have always wondered about. Supposing I'm carrying concealed and I walk into my bank who has a no guns sign on the door. While I'm in line or with the teller, someone comes in and holds up the bank. Same situation at a mall if someone pulls a gun somewhere in a mall with a no guns sign. Let's say I see a chance and I pull my gun and shoot the SOB dead.

What would happen to me? Would I still be cited for non-criminal tresspass or face other charges since I carried against the bank or mall's no gun policy?

With all the crap going on these days, I'd like to have a clear conscience should I need to come to someone's defense.



It is technically legal to carry at the mall. However, the Tulsa malls have "no gun" signs. The signs do not have the weight of law. If the management or their representative ask you to leave, leave. If you refuse, a sworn law enforcement officer can be called. The officer will cite you for criminal trespass ($300) and arrest you if you continue to refuse to leave. This scenario is much more likely with open carry than concealed carry. Recent changes in the SDA clarified the "no gun" signs and policies.

www.concealedcarrycoweta.weebly.com
 

glock22oc

Regular Member
Joined
Jan 16, 2013
Messages
29
Location
Oklahoma
Here's something I have always wondered about. Supposing I'm carrying concealed and I walk into my bank who has a no guns sign on the door. While I'm in line or with the teller, someone comes in and holds up the bank. Same situation at a mall if someone pulls a gun somewhere in a mall with a no guns sign. Let's say I see a chance and I pull my gun and shoot the SOB dead.

What would happen to me? Would I still be cited for non-criminal tresspass or face other charges since I carried against the bank or mall's no gun policy?

With all the crap going on these days, I'd like to have a clear conscience should I need to come to someone's defense.


I would guess that if you were justified to shoot, there would not be anything to charge you with. Bank or mall policy are not law, just their policy. And if I read the trespass law corectly, you must be asked to leave and then refuse to do so, before you can be cited for trespassing.

But you never know when you will get a cop and or district attorney that has a beef with citizens carrying guns. They might try to trump up something on you, just to make your life hell for a while, until your lawyer beats it. I feel that most of the DA's and cops are pretty good guys and will do what is right and legal. But there is always that chance of running into a bad apple.
 

Oklapatriot

Regular Member
Joined
May 18, 2012
Messages
15
Location
Yukon, OK
I would guess that if you were justified to shoot, there would not be anything to charge you with. Bank or mall policy are not law, just their policy. And if I read the trespass law corectly, you must be asked to leave and then refuse to do so, before you can be cited for trespassing.

But you never know when you will get a cop and or district attorney that has a beef with citizens carrying guns. They might try to trump up something on you, just to make your life hell for a while, until your lawyer beats it. I feel that most of the DA's and cops are pretty good guys and will do what is right and legal. But there is always that chance of running into a bad apple.

The "justified" thing comes in to play here, if I remember my class instruction correctly, you are not a law enforcement officer and would probably only be justified if you or your family were in imminent danger of being harmed. If the shooting was taking place a distance from you I don't think your are authorized to go in that direction and intervene. I know this sounds weird, but I think those are the rules.
 

hrdware

Regular Member
Joined
Feb 8, 2011
Messages
740
Location
Moore, OK
The "justified" thing comes in to play here, if I remember my class instruction correctly, you are not a law enforcement officer and would probably only be justified if you or your family were in imminent danger of being harmed. If the shooting was taking place a distance from you I don't think your are authorized to go in that direction and intervene. I know this sounds weird, but I think those are the rules.

Title 21, Section 1289.25, Paragraph D reads as follows:
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

If you believe anyone around you will suffer death or great bodily harm, you may act. You have to remember that if you act on behalf of another person, you step into their shoes, so as long as they would have been able to defend themselves legally, you can defend them as well.
 

Oklapatriot

Regular Member
Joined
May 18, 2012
Messages
15
Location
Yukon, OK
Title 21, Section 1289.25, Paragraph D reads as follows:


If you believe anyone around you will suffer death or great bodily harm, you may act. You have to remember that if you act on behalf of another person, you step into their shoes, so as long as they would have been able to defend themselves legally, you can defend them as well.

As I read that statute I can almost see what the lawyer instructing our class (H&H) was talking about. It implies that YOU must be attacked personally, or the incident must be fairly close to you such that you feel personally in danger. Don't get me wrong, I would probably step up, but it would sure open a big can of worms.
 

EhlerDave

New member
Joined
Sep 27, 2012
Messages
9
Location
North Central Oklahoma
Here's something I have always wondered about. Supposing I'm carrying concealed and I walk into my bank who has a no guns sign on the door. While I'm in line or with the teller, someone comes in and holds up the bank. Same situation at a mall if someone pulls a gun somewhere in a mall with a no guns sign. Let's say I see a chance and I pull my gun and shoot the SOB dead.

What would happen to me? Would I still be cited for non-criminal tresspass or face other charges since I carried against the bank or mall's no gun policy?

With all the crap going on these days, I'd like to have a clear conscience should I need to come to someone's defense.

With my luck the guy two rows over will also have a gun and think I am part of the hold up and shoot me. :lol:
 

Glock 1st fan

Regular Member
Joined
Nov 1, 2012
Messages
310
Location
United States
Here's something I have always wondered about. Supposing I'm carrying concealed and I walk into my bank who has a no guns sign on the door. While I'm in line or with the teller, someone comes in and holds up the bank. Same situation at a mall if someone pulls a gun somewhere in a mall with a no guns sign. Let's say I see a chance and I pull my gun and shoot the SOB dead.

What would happen to me? Would I still be cited for non-criminal tresspass or face other charges since I carried against the bank or mall's no gun policy?

With all the crap going on these days, I'd like to have a clear conscience should I need to come to someone's defense.

Why would you be charged if you did nothing wrong. With the sign it would be a warning on not welcome with a firearm but signs carry minimal weight in that a bank may not want you to carry. The law appears to still require a formal request directed at you personally to leave.

While some states don't care what the excuse is the sign is the sign it appears that okahoma recognizes many people can't read and many more have difficulities comprehending basic symbols such as a gun with a line through it.

Now I use the word appears lightly because I'm not by a book or computer to research the law at this moment so I could be wrong just saying.
 

Jayne&Vera

Regular Member
Joined
Nov 19, 2012
Messages
52
Location
NEOK
Is it legal and or acceptable to open carry at a mall? Let's say a mall in tulsa. After see the mall seige of Kenya, my thoughts of malls have changed.

To double back a bit...
From my understanding, whatever the individual store's policy, they are leasing mall owned property and have to follow it's no-gun policy lead even if allowed elsewhere. The space is still private property even if open to public use (for instance, even without shopping.) Applies even if you enter from a separate exterior entrance.
Utica Square here in Tulsa is the same way: if an officer sees or responds to a call about MWG, property management requires they request you return to lock the weapon in your vehicle or leave. Of course, the mall doesn't want any at all. I happen to know that the Square ONLY has a policy about open.
Any property not opened "by the public" is private, however much available for their use.
 
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