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Thread: No Gun Signs/Store Policy

  1. #1

    No Gun Signs/Store Policy

    This in reference to Virginia, however other states may have similar laws, regulations, or policies that could be equally applied.
    The number of business that have a no firearms allowed policy in the member agreement is growing, ie Costco.
    This is assuming a valid CHP.

    My understanding is, if there is a no gun sign, and if you are asked to leave and don’t, the police can be notified and you can be charged with trespassing. This applies to public and private property.

    It seems to me that both the policy and sign serve the same purpose, to notify you that they do not want you to have a gun on their property.

    Concealed firearm" means a firearm hidden from common observation, including a firearm hidden when it is observable but is of such deceptive appearance as to disguise the firearm's true nature.

    Case in point. A man attempts to enter Costco, the greeter says, Sir, I believe you have a firearm on your person and store policy prevents you from entering, unless you are LE. If the man denies he has a firearm and enters and the police are called, do the police have the right to ask if you have any weapons or ask to search based solely on the greeter’s word just because the man may have been printing or because the greeter saw a bulge that could have been a firearm?
    What burden of proof is needed by the person or establishment to show that the person in question has a firearm?

    In Virginia there is no obligation to notify LE when legally carrying concealed, but I also can see why an officer would want to know if someone has a weapon.

  2. #2
    Site Supporter Sensei's Avatar
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    A couple of thoughts.

    1) A private business is within its rights to search your belongings as a condition for entry. So, a Costco greeter who sees a bulge could ask to see what you are hiding under your shirt in order to enter. That rarely happens since it’s bad for business.

    2) Most states that issue a concealed carry permit require you to disclose your weapon whenever contact with a LEO occurs. In my state, the bar is very low for my obligation to disclose.
    Last edited by Sensei; 12-12-2017 at 10:04 AM.
    I like my rifles like my women - short, light, fast, brown, and suppressed.

  3. #3
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    I'm not sure being searched by an officer has anything to do with it -- if the business wants you to leave they can ask you to leave. Refusing would constitute trespass, which changes your status. Especially if the police are called and tell a person to leave, refusing at that point is probably not a good idea whether armed or not. Your only recourse might be civil court after the fact.

    In Georgia, being armed -- even openly -- does not constitute RAS. Trespass might constitute RAS but I don't know.

  4. #4
    Site Supporter JohnO's Avatar
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    Last edited by JohnO; 12-12-2017 at 10:11 AM.

  5. #5
    Member Peally's Avatar
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    Non-issue. The signs make corporate feel happy and they're incredibly easy to ignore. All they are is a lawyer bitch sign, for what purpose they serve they might as well not exist.

    Never heard of anyone ever being charged for the trespass while carrying in a posted business here in WI, and there's a lot of stupid CCW people out there that would have naturally higher chances of being made.

    Police can search you if they have a reason to, obviously. In WI there is no need to disclose anything, if I were to get pulled over for speeding the entirety of the conversation would be "whoops, my bad I was speeding, I'll take the ticket have a nice day."
    Last edited by Peally; 12-12-2017 at 10:35 AM.
    Semper Gumby, Always Flexible

  6. #6
    In WA, unless it's prohibited by state or federal law the signs are just decoration. Ignore and proceed.

  7. #7
    Member TGS's Avatar
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    Quote Originally Posted by BJXDS View Post
    Case in point. A man attempts to enter Costco, the greeter says, Sir, I believe you have a firearm on your person and store policy prevents you from entering, unless you are LE. If the man denies he has a firearm and enters and the police are called, do the police have the right to ask if you have any weapons or ask to search based solely on the greeter’s word just because the man may have been printing or because the greeter saw a bulge that could have been a firearm?
    What burden of proof is needed by the person or establishment to show that the person in question has a firearm?
    The police always have the right to ask........like everyone else, police have the right to walk around freely and approach/talk to anyone they want. If they ask if they can search you and you agree, that would be a consensual search and they don't need any further justification other than you agreeing to it.

    If the police can identify a bulge on you that they can articulate as being consistent with a weapon, they can detain you and perform a Terry Frisk against your will.....basically a limited search. Without getting too nitty gritty, any contraband they find during this frisk will be fair game.
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

  8. #8
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    Quote Originally Posted by TGS View Post
    If the police can identify a bulge on you that they can articulate as being consistent with a weapon, they can detain you and perform a Terry Frisk against your will.....basically a limited search.
    Wouldn't the officer also need reasonable articulable suspicion of a crime? (Assuming that carrying a carrying a concealed weapon is not a crime and a permit is only an affirmative defense).

  9. #9
    Member TGS's Avatar
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    Quote Originally Posted by joshs View Post
    Wouldn't the officer also need reasonable articulable suspicion of a crime? (Assuming that carrying a carrying a concealed weapon is not a crime and a permit is only an affirmative defense).
    Right, the crime here being trespassing if the property told the CCW'er they weren't allowed on premises.
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

  10. #10
    Um, get a better holster.

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