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concealed weapon on private property ??

robbie pennyrobbie penny Member Posts: 179 ✭✭✭
edited May 2009 in General Discussion
okay the law says a restruant or store is private property. therefore, is it legal to have a concealed weapon at one of those locations ?

Comments

  • hk-91hk-91 Member Posts: 10,050
    edited November -1
    That would depend on weather you own it or not.
  • M1GarandloverM1Garandlover Member Posts: 2,676 ✭✭✭✭✭
    edited November -1
    Do you own the property? What state do you reside? If you had a concealed carry permit it does not matter
  • NwcidNwcid Member Posts: 10,674
    edited November -1
    Well it depends on your states CCW laws, http://www.atf.gov/firearms/statelaws/

    In MOST cases the business would have to post a no weapons sign of some sort. In some states the signs have to be of a certain style to be considered legal. In MOST states buy carrying in a place with a "no firearms" sign the worst they can do is ask you to leave.

    2 other thought for you. If you are truly CCW who is going to know unless you have to use it to defend yourself? Second why are you spending your money in a place that does not believe in YOUR rights?
  • M1GarandloverM1Garandlover Member Posts: 2,676 ✭✭✭✭✭
    edited November -1
    Second why are you spending your money in a place that does not believe in YOUR rights?




    Big Ole Fat Ditto
  • hk-91hk-91 Member Posts: 10,050
    edited November -1
    quote:Originally posted by M1Garandlover
    Second why are you spending your money in a place that does not believe in YOUR rights?




    Big Ole Fat Ditto


    he never stated he spent time in a place that does not believe in are rights. He was just asking a question. I'm guessing he works in or ownes a buisness in a state the is hard to get a ccw permit in.
  • robbie pennyrobbie penny Member Posts: 179 ✭✭✭
    edited November -1
    Okay I should have been more clear. This would apply to people who DONT have a CCW and on property that they do NOT own. For instance, if you are at a restruant and for some reason there a disturbance and police are called. You have comitted no crime and the police are just interviewing you. As usual the police ask if they can search you. You have a concealed handgun on you.
    Is it legal to have the handgun ? As far as I know the concealed weapons laws apply to PUBLIC places and a restruant is technically private property.
  • robbie pennyrobbie penny Member Posts: 179 ✭✭✭
    edited November -1
    quote:Originally posted by thermonuclear
    The absolute best answer to this question is this: Spend the $100-$125 and take the concealed handgun class. Even if you dont want to carry, you will get all the info and answers you seek.


    i live in los angeles county...NO ONE gets a CCW here
  • NwcidNwcid Member Posts: 10,674
    edited November -1
    DEPENDING ON YOUR STATE, http://www.atf.gov/firearms/statelaws/ it will make a difference. Firearm carry laws are done by state. What is legal for me to do in mine may not be legal in yours. In some states there is NO CCW of any kind.

    There are only 2 state that I am aware of that you can legally carry CCW without a license other then on your own property, or property/business without permission.

    So if you are in a state that has no rules against CCW on private property if you had direct permission from the owner you should be legal. Keep in mind the minute you step out on the street then it would be illegal again.
  • LaidbackDanLaidbackDan Member Posts: 13,142 ✭✭✭
    edited November -1
    A restaurant I believe would be considered a "Public" place.
  • NwcidNwcid Member Posts: 10,674
    edited November -1
    quote:Originally posted by robbie penny
    quote:Originally posted by thermonuclear
    The absolute best answer to this question is this: Spend the $100-$125 and take the concealed handgun class. Even if you dont want to carry, you will get all the info and answers you seek.


    i live in los angeles county...NO ONE gets a CCW here


    Ok now after looking at your state laws what does it say about carrying either concealed or open on private property? There is your answer.........
  • LesWVaLesWVa Member Posts: 10,490 ✭✭
    edited November -1
    quote:Originally posted by dano
    Depends on the property and it's owner. If the owner posts no weapons, you are thereby put on notice.


    That is the rule here. It is up to the owner/manager of the business to make the call. No Concealed Weapons Allowed or a neat little sign showing a gun with a red circle with a slash through it. Must be posted on all of the doors that are used for public entrance.
  • robbie pennyrobbie penny Member Posts: 179 ✭✭✭
    edited November -1
    quote:Originally posted by LaidbackDan
    A restaurant I believe would be considered a "Public" place.


    its a public place but private property.
  • Laredo LeftyLaredo Lefty Member Posts: 13,451 ✭✭✭
    edited November -1
    robbie..... In Calif you could carry concealed if the business in question is yours, if not, it would be illegal for you to carry.

    Yes, stores and restaurants are on private property, but they are open to the public and are therefore public places.
  • TxsTxs Member Posts: 17,809 ✭✭✭
    edited November -1
    Lefty nailed it.

    True that it's private property, but as a business it's 'generally accessible to the public'. That's the definition of 'public' place.
  • select-fireselect-fire Member Posts: 69,446 ✭✭✭✭
    edited November -1
    quote:Originally posted by robbie penny
    Okay I should have been more clear. This would apply to people who DONT have a CCW and on property that they do NOT own. For instance, if you are at a restruant and for some reason there a disturbance and police are called. You have comitted no crime and the police are just interviewing you. As usual the police ask if they can search you. You have a concealed handgun on you.
    Is it legal to have the handgun ? As far as I know the concealed weapons laws apply to PUBLIC places and a restruant is technically private property.


    WTH???
  • Colt SuperColt Super Member Posts: 31,007
    edited November -1
    Which is better, fellas - a 9MM or a .45ACP ??

    Doug
  • n/an/a Member Posts: 168,427
    edited November -1
    We do not allow loaded guns at our Range..[:D][:D]
  • bountyhunter101bountyhunter101 Member Posts: 149 ✭✭✭
    edited November -1
    quote:Originally posted by robbie penny
    Okay I should have been more clear. This would apply to people who DONT have a CCW and on property that they do NOT own. For instance, if you are at a restruant and for some reason there a disturbance and police are called. You have comitted no crime and the police are just interviewing you. As usual the police ask if they can search you. You have a concealed handgun on you.
    Is it legal to have the handgun ? As far as I know the concealed weapons laws apply to PUBLIC places and a restruant is technically private property.



    Why would you let them search you, you have done nothing wrong & it is against your rights for them to ask.

    If you look at the front door of when you inter there are usually a no weapons sign, that would be the first thing to look at. If you still carry after that & it becomes clear you are carrimg , someplaces can ask you to leave & others it can be a misdemeanor. Know your local & state laws first.
  • wsfiredudewsfiredude Member Posts: 7,769 ✭✭✭
    edited November -1
    quote:Originally posted by Doug Wilson
    Which is better, fellas - a 9MM or a .45ACP ??

    Doug



    45MM[:D][:D][:D][:D][:D][:D][:D][:D][:D][:D][:D]
  • bountyhunter101bountyhunter101 Member Posts: 149 ✭✭✭
    edited November -1
    quote:Originally posted by Doug Wilson
    Which is better, fellas - a 9MM or a .45ACP ??

    Doug


    Bigger is better...45 all the way.
  • AlpineAlpine Member Posts: 15,093 ✭✭✭✭
    edited November -1
    quote:Originally posted by robbie penny
    Okay I should have been more clear. This would apply to people who DONT have a CCW and on property that they do NOT own. For instance, if you are at a restruant and for some reason there a disturbance and police are called. You have comitted no crime and the police are just interviewing you. As usual the police ask if they can search you. You have a concealed handgun on you.
    Is it legal to have the handgun ? As far as I know the concealed weapons laws apply to PUBLIC places and a restruant is technically private property.


    OK, you are in the Peoples Republic of Kalifornia. A restaurant is a public place because it is a business with a business license. As usual the police would not search your person except if you were questioned as a person of interest (read that as SUSPECT) in a crime.

    So if your carrying, and police show up, and you don't slip out the back door, yep your gonna get hung up on a misdemeanor CCW charge.
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
  • LesWVaLesWVa Member Posts: 10,490 ✭✭
    edited November -1
    quote:Originally posted by dano
    I've been in gunshops that forbid CCW. [V]


    You will have that when you try to carry a Colt into a shop that has a shelf full of Glocks he is trying to pawn off on the uneducated.
  • fideaufideau Member Posts: 11,895 ✭✭✭
    edited November -1
    Right. Not a legal search. Whatever found would not be admissable.
  • BlairweescotBlairweescot Member Posts: 2,014 ✭✭✭✭✭
    edited November -1
    The "if you're not with me you're against me" thing worries me

    If the sign at a place of business reads "no weapons allowed. Private Property", that sign does NOT say "The business is against gunowners and the 2nd amendment."

    It is 100% within somebody's rights to ask you to not carry into their establishment as near as I can see. My rights do not eclipse somebody's right to make a living in my opinion. Might I think twice about patronizing that business. Heck yes, but it's my decision to make
  • SpartacusSpartacus Member Posts: 14,415
    edited November -1
    around here if youre carrying in a "no carry" zone you can be asked to leave.
    but no one knows if I'm carrying, so the no concealed weapon signs are meaningless to me.
    just my 2c
  • btkbtk Member Posts: 2,298 ✭✭✭✭✭
    edited November -1
    Why would you let them search you, you have done nothing wrong & it is against your rights for them to ask.

    [/quote]

    No, it is not against your right to be asked. It is against your rights to be searched, after refusing to be searched, you are searched without probable cause or reasonable suspicion.
  • screwobamascrewobama Member Posts: 625
    edited November -1
    LaidbackDan
    Advanced Member



    5237 Posts
    Posted - 05/11/2009 : 01:35:08 AM

    A restaurant I believe would be considered a "Public" place.

    While I don't claim to be a attorney, I did stay at a Holiday Inn last night so here's my $.02 as I understand from my Business Law calsses many years ago. The restaurant is a public place if it seves the public. If it's a private restaurant such as a golf club for members only then it's not a public place. With that understanding you may not CCW unless you have a CCW permit. Owner excluded of course[;)]
  • PTHEIMPTHEIM Member Posts: 3,374
    edited November -1
    quote:Originally posted by Doug Wilson
    Which is better, fellas - a 9MM or a .45ACP ??

    Doug

    I'm gonna cut it down the middle for ya.

    A .40cal/10mm.

    I prefere a .45acp 230gr hollow point, myself.
  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    You are carrying in public, without a permit. It is not your place of business. Whether a no guns sign is posted or not, you're going to jail. The search may be challenged, but a "pat down" can be easily justified- and has been held by Supreme Court to be less than a search.
  • MaxOHMSMaxOHMS Member Posts: 14,715
    edited November -1
    Your caliber choice would depend on what type of restaurant you eat at.

    Chinese?
    Italian?
    TexMex?
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