Open Carry at Business

CHL discussions that do not fit into more specific topics

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Tic Tac
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Re: Open Carry at Business

#31

Post by Tic Tac »

C-dub wrote:The gun store folks might be breaking the law, but it is also kind of a place where an activity is taking place where guns are expected. Maybe it's just that no one has complained to the police about it.
It might also create case law they don't want. After all, what appeals court would uphold a conviction for a gun shop employee having a handgun on or about his person? The display cases would count.
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kg5ie
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Re: Open Carry at Business

#32

Post by kg5ie »

Tic Tac wrote:
C-dub wrote:The gun store folks might be breaking the law, but it is also kind of a place where an activity is taking place where guns are expected. Maybe it's just that no one has complained to the police about it.
It might also create case law they don't want. After all, what appeals court would uphold a conviction for a gun shop employee having a handgun on or about his person? The display cases would count.
Fascinating discussion and really thought provoking. All of the gun store employees in my local area open carry. I can name at least 5 stores off the top of my head. I will ask one of the local owners what theory they are following in doing so. :headscratch
Bill Davis [kg5ie]
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JSThane
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Re: Open Carry at Business

#33

Post by JSThane »

I would interpret that as being, "Does this person have authority to tell someone to leave, on penalty of trespass?" They might not own a controlling interest in the property, but for purposes of public/private interaction, a regular employee IS able to "speak for the store." Therefore, in the absence of contradictory instruction from their bosses or the store owners (or conversely, WITH specific permission from same), they could be said to have the same controlling interest as far as the public's concerned.

Just my understanding of it. But I'm not a lawyer, so I can't bend words in the same prismatic fashion.

Results not typical. Your mileage may vary. Offer not good in California, Hawaii, New York, or the town of Eureka, Oregon.
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C-dub
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Re: Open Carry at Business

#34

Post by C-dub »

Tic Tac wrote:
C-dub wrote:The gun store folks might be breaking the law, but it is also kind of a place where an activity is taking place where guns are expected. Maybe it's just that no one has complained to the police about it.
It might also create case law they don't want. After all, what appeals court would uphold a conviction for a gun shop employee having a handgun on or about his person? The display cases would count.
I don't think those would count because that is their business and those are for sale. Displaying what is for sale is to be expected.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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EEllis
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Re: Open Carry at Business

#35

Post by EEllis »

JSThane wrote:I would interpret that as being, "Does this person have authority to tell someone to leave, on penalty of trespass?" They might not own a controlling interest in the property, but for purposes of public/private interaction, a regular employee IS able to "speak for the store." Therefore, in the absence of contradictory instruction from their bosses or the store owners (or conversely, WITH specific permission from same), they could be said to have the same controlling interest as far as the public's concerned.

Just my understanding of it. But I'm not a lawyer, so I can't bend words in the same prismatic fashion.

Results not typical. Your mileage may vary. Offer not good in California, Hawaii, New York, or the town of Eureka, Oregon.
It certainly sounds reasonable.
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docbrazos
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Re: Open Carry at Business

#36

Post by docbrazos »

Open carry on my property by me or anyone who comes to visit me is My business. Concealed carry is fine with me too, (especially if you let me shoot it) No harm no foul.
As noted many gun store and Pawn shop employee's must have long rap sheets for daily violations of "some of the " interpretations of the law here!
Gun control means hitting the target!
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JALLEN
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Re: Open Carry at Business

#37

Post by JALLEN »

Different set of rules but all the employees at the gun store/range I used to belong to in San Diego carried openly in the store.
Luckily, I have enough willpower to control the driving ambition that rages within me.
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C-dub
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Re: Open Carry at Business

#38

Post by C-dub »

docbrazos wrote:Open carry on my property by me or anyone who comes to visit me is My business. Concealed carry is fine with me too, (especially if you let me shoot it) No harm no foul.
As noted many gun store and Pawn shop employee's must have long rap sheets for daily violations of "some of the " interpretations of the law here!
Not true regarding the part about a visitor openly carrying on your property, but there would have to be a complaint. If there are no complaints, it is highly unlikely that the police will care at all. There are exceptions, of course, like hunting or target shooting, but even the later can become a problem if a neighbor complains to the right person. There's a thread around here about a local fire marshal exceeding his authority and threatening one our members here for letting friends shoot on his range on his own property.

The police might care and they might not. That's probably what happened when the neighbor complained to the police and then they complained to the FM. Same thing would probably happen in a gun or pawn shop. The police probably wouldn't care too much even if there were a complaint and even less without one. However, that doesn't mean it isn't illegal.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
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pancho
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Re: Open Carry at Business

#39

Post by pancho »

JALLEN wrote:Different set of rules but all the employees at the gun store/range I used to belong to in San Diego carried openly in the store.
Different set of rules but all the handgun shooters I saw at the range yesterday in Texas had them out in the open. Nobody was concealing them between shots. :biggrinjester:
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Keith B
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Re: Open Carry at Business

#40

Post by Keith B »

pancho wrote:
JALLEN wrote:Different set of rules but all the employees at the gun store/range I used to belong to in San Diego carried openly in the store.
Different set of rules but all the handgun shooters I saw at the range yesterday in Texas had them out in the open. Nobody was concealing them between shots. :biggrinjester:
And they don't have to as they are engaged in a sporting activity which allows them to be open.
Keith
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pancho
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Re: Open Carry at Business

#41

Post by pancho »

:iagree: Texas has different rules from California.

cb1000rider
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Re: Open Carry at Business

#42

Post by cb1000rider »

Keith B wrote: And they don't have to as they are engaged in a sporting activity which allows them to be open.
Bingo. See the other exclusions listed in the thread.
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