Job Suspension Because of Lawful Concealed Carry

Question: I was suspended from my job for carrying a concealed weapon even though I possess a CCW permit.  I work in a restaurant/bar and it is not posted anywhere on the premises that firearms are not permitted.  Am I in the wrong?

Answer: Unfortunately, you probably did carry both in violation of the company’s policy and as a result were also in violation of the law.  Arizona provides any private property owner (including businesses) the right to prohibit the carrying of any firearm on their private property.  While most places post a sign, the law does not require it.  In addition, if there is no posted sign, a proper representative of the company or property owner can simply tell you that they don’t permit firearms and you are required to remove your firearm and not return with it.

Many companies also have a ‘no firearms’ policy at the workplace which is completely lawful.  Those companies that do have a ‘no firearms’ policy are generally not very hospitable towards employees that violate their policies, hence your suspension.  As an additional note, if you carry in an establishment that does not permit concealed carry, you are actually committing a class 3 misdemeanor which can be punishable by up to 30 days in jail and a fine of $500.

While I don’t agree with companies that use these policies to deprive their employees of their constitutional rights and create ‘gun-free crime zones’ for criminals, they are within their legal rights to do so and also within their rights to suspend you for violating their corporate policy.

Unconcealed Handguns in Restaurants?

Question: Can A non-concealed handgun be carried into a restaurant that serves alcohol and can that person consume alcohol?

Answer: No, you may not openly carry a firearm into any restaurant that serves alcohol and you definitely cannot consume alcohol while in possession of a firearm in a restaurant or bar that serves alcohol.  Both offenses are misdemeanors in Arizona and can result in your arrest and criminal prosecution.

Arizona CCW Friendly Restaurants

In the interest of supporting those restaurant owners that support Arizona Concealed Carry Permit holders, we will be publishing a list of CCW Friendly as well as a list of CCW Unfriendly restaurants.  Post your submission in the comments section and we’ll add them to the appropriate list after we verify all the information.  Be the eyes and ears for us and we’ll provide you with a great list of places to eat while carrying your firearm.

Establishments Prohibiting Lawful Concealed Carry…What do I do?

Question:  My favorite place to dine (Chipotle) has already began posting the no firearms signs. I assume this is in advance of the revised law taking effect the end of the month. I have seen them in many different locations so I am assuming this is some kind of a corporate directive. My question for you and the staff is… What is your recommendation for addressing the issue? Face to face with manager, letter, ignore and eat elsewhere, etc.

Answer: Usually when you see ‘no firearm’ signs going up in multiple locations of the same establishment, it is a corporate directive, not the individual stores.  You could have a conversation with the manager to ask for an explanation and background, but I doubt it would do much good.  Personally, I would send a letter to corporate asking for the reasoning behind the policy and explaining why you disagree with the policy.  Honestly, I’m betting it actually has nothing to do with guns and everything to do with potential liability issues.  This is the way corporate lawyers think.  “It’s ok if people get killed in our stores by criminal violence, we just don’t want to have any liability issues and run the risk of getting sued if someone with a gun comes into our store, has an accident and as a result someone gets hurt or killed”.

As far as your other choices, if it were me, I’d vote with my wallet and eat elsewhere.  You might also point that out in your letter to corporate.  Again, I doubt if they will care, but at some point each of us have to take a stand.  I quit shopping at Costco due to their ‘no firearms’ policy.  I’m a Sam’s Club guy now.  They don’t have such a policy.

Concealed Carry in Arizona Restaurants and Bars – Details of the New Law

I have been getting a lot of questions regarding the new laws concerning concealed carry in Arizona restaurants and bars beginning on September 30th, 2009.  People have been asking for specifics and for references to the appropriate Arizona Statutes.  To that end, I have reprinted the following FAQ from the Arizona Department of Liquor Licenses and Control (DLLC).  Most should note that the changes were not to the criminal law in Title 13 of the Arizona Revised Statutes, but the liquor laws in Title 4 of the Arizona Revised Statutes…

A.R.S. 4-229.(A)1 Licenses; handguns; posting of notice
When does the law take effect?
Senate Bill 1113 was signed on July 1, 2009 and will become law on September 29, 2009. A.R.S. §4-229 provides for the possession of concealed firearms on on-sale liquor-licensed premises.

The link to this bill is: http://www.azleg.gov/legtext/49leg/1r/bills/sb1113s.pdf.

What if I don’t want weapons on my premises?
A licensee who wants to prohibit the possession of firearms on his/her licensed premises may exercise that right by posting a sign which complies with standards provided in Title 4. Title 4 governs Arizona liquor law.
A.R.S. §4-229(D)(1)) and A.R.S. §4-244(29) provide for concealed weapons on the licensed premises in emergency situations. In addition, A.R.S. §4-229(29) provides for peace officers and members of a sheriff’s volunteer posse, while on duty, permission to possess firearms.

Where can I get a “NO FIREARMS ALLOWED” sign?
The Department of Liquor Licenses and Control (DLLC) will provide signs for licensees to post at their liquor-licensed business, which can be requested by emailing questions@azliquor.gov. Please specify the type of sign and number of signs you are requesting. Include your name, phone number, and street address where you would like the sign(s) sent (no P.O. boxes please).  Signs distributed by DLLC will have the director’s signature and a DLLC watermark in the lower, right-hand corner. Printable version of the “NO FIREARMS ALLOWED” signs can be found on the DLLC website
homepage. To comply with A.R.S. §4-229(C), posted signs must be on white, laminated, 110 pound index paper.

May I create my own “NO FIREARMS ALLOWED” sign?
Yes, however the sign must strictly comply with A.R.S. §4-229(C) or the validity of the sign may be challenged. See specifications below:
The signs must meet the following standards to comply with Title 4 to comply with A.R.S. §4-229(A) and(C)(posting of notice):
• Contain a picture that shows a firearm within a red circle and a diagonal red line across the firearm.
• Contain the words “NO FIREARMS ALLOWED” pursuant to A.R.S. §4-229 in block, capital letters printed in black.
• Picture and text must fill a space which is a minimum of 6 x 9 inches.
• The sign must be on white, laminated, 110 pound index paper.

Where must the “NO FIREARMS ALLOWED” sign be posted?
The sign must be posted in a conspicuous location accessible to the general public. More than one sign may be posted on each licensed premises, but they must be posted at the primary business entrance(s) subject to local sign ordinances and immediately adjacent to the liquor license posted on the licensed premises.  Any other “No Firearms Allowed” signs you choose to display must be posted in a conspicuous location accessible to the general public.

At a later time, may I decide to prohibit guns in my establishment and, at that time, post a “NO FIREARMS ALLOWED” sign?
Yes, you may post the sign at any time.

Can any concealed firearm owner carry his/her gun into an establishment that does not post a sign?
A.R.S. §4-229(A) references A.R.S. §13-3112 and A.R.S. §13-3102(D)1-2 which provide criteria for concealed firearm carriers. Those who qualify to carry concealed firearms under those laws may carry them into establishments that are licensed to sell liquor, unless the licensee posts a sign that clearly prohibits the possession of firearms.

Can a gun owner consume alcohol-beverages while in possession of a firearm?
No (A.R.S. §4-229(31).

Armed Security Guard Requirements in Arizona

Question: In Arizona, is there a statute that requires security officers who carry firearms to have firearms training?  Also, is there a statute that requires armed bouncers at a bar to have specialized training.  I’m not aware of any, but I’m wondering if you are.

Answer: Yes, in Arizona there is a statute that requires an armed security guard working for a licensed security company to have an Armed Guard card in their possession while working.  An Armed Guard card may be applied for after the completion of the 16 hour DPS approved Armed Security Guard course.  You will also need to submit an application, fingerprints to the Department of Public Safety and undergo a criminal background check.  Assuming a positive outcome on the background check, you will receive your card from DPS.  You must also be sponsored by a licensed security company.  You cannot simply take the class and get a card.

As far as being a bouncer employed by a bar, you are not required by law to have a license or training.  However, you must comply with Arizona law regarding concealed carry and possessing a firearm in a bar, if you choose to carry a firearm.  This would mean that you need to have written permission of the establishment owner to have a firearm in your possession, you cannot under any circumstances consume alcohol or use any illegal drugs while in possession of a firearm and you must possess a valid Arizona CCW permit if  you are carrying concealed.

Arizona Restaurant Concealed Carry Law Signed by Governor Brewer…

In a remarkable move forward for AZ CCW permit holders, on July 13th, 2009, Governor Jan Brewer signed into law Senate Bill 1113 which permits limited concealed carry in restaurants in Arizona.  This made Arizona the 41st state to pass such legislation.  The new law takes effect on September 30, 2009.

The bill allows holders of an Arizona CCW permit to carry a concealed weapon in a restaurant or bar that serves alcohol for consumption on premises under the following conditions:

• The person carrying a firearm must be in possession of a valid AZ CCW permit and government issued photo id.
• The firearm must be concealed.
• The restaurant or bar must not have posted a sign at the entrance to the establishment that clearly prohibits the possession of a weapon on the premises.
• The posted signs must be in compliance with the format specified by law.
• The permit holder must NOT consume alcohol while on the restaurant or bar premises.
• The restaurant or bar owner will not be held responsible for any damages associated with any property damage, injury or death that might occur as a result of the actions of any person carrying a firearm into the restaurant unless the restaurant owner is grossly negligent or acts willfully or maliciously with intent to harm.
• The law does not apply to any person temporarily entering the restaurant or bar to either seek emergency aid or to determine whether or not a sign prohibiting weapons has been posted.
• Violation of the law is a Class 3 misdemeanor.  The penalty for a Class 3 misdemeanor can include up to 30 days in jail and a fine of up to $500.

The impact of the new law is substantial as prior to its passage, a person that was otherwise permitted to carry a concealed weapon had to secure the firearm in their vehicle if they wanted to enter an establishment that served alcohol.  This essentially meant that a person dining in a restaurant that served alcohol was denied their right to carry a concealed weapon for their own self defense or the defense of their family.  By having to leave the firearm secured in their vehicle, it also made the firearm vulnerable to theft should a vehicle theft or break in occur while they were dining inside.

While the above substantially outlines the requirements of the new law, Arizona CCW Permit holders should carefully review the actual statute changes to insure a complete and accurate understanding of the new law.