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Concealed Carry on Private Property that is posted "No Firearms".

December 12, 2007 AZ CCW Laws, Legal Issues Comments Off

Recently I received a question regarding concealed carry on private property that has been posted “No Firearms”.  There are a number of variables and I’ll try to address all the really important ones…When the property has been posted “no firearms” or “no weapons”, you cannot bring a firearm on the premises, concealed or not.  The fact that someone has a concealed weapons permit doesn’t change this fact. If you are discovered with a firearm, the response can vary widely.  Some may simply ask you to remove your firearm from their premises.  Others may take a dim view of your presence on their property with a firearm and call the police.  If you are asked to leave, you should do just that.  You should leave promptly and politely, without editorial comments regarding your “2nd Amendment rights”.  Be thankful they didn’t call the police.  If you are approached by police, bear in mind that you are probably in violation of several laws and could be charged with (a) criminal trespass and/or (b) misconduct involving a firearm, both of which are misdemeanors.   Criminal Trespass and Misconduct involving a Firearm are both Class 1 Misdemeanors which involves a penalty of up to 6 months in jail and up to a $2500 fine for each offense.  Most of the time it won’t come to this, especially if you are polite and offer to leave immediately, explaining your circumstances.  Best case is that you will be “trespassed”, which means you will be legally notified by police of the property owners policy and be told not to return with a firearm again.  But it could go downhill if the property owner is sufficiently serious about “No Firearms” and decides to press charges.  Most won’t unless you are creating a disturbance or acting in a way that is hazardous to others.  At any rate, being arrested and taken to jail is never any fun and should be avoided whenever possible.Here are a couple of real world examples:1.  If you are entering a mall and miss the sign and subsequently are discovered carrying an otherwise legally concealed weapon, you will probably just be asked to leave.2.  If you are attempting to sneak a firearm past a guarded entry, are searched and found to be carrying a weapon, you will likely be having a conversation with law enforcement.3.  If you are about to enter some public buildings (libraries are a good example), Arizona law requires they have a place for you to ‘check’ your firearm while you are doing business inside, assuming they have prohibited the carry of firearms on the premises.4.  If you are caught attempting to bring a concealed weapon into a federal office building (which includes post offices),  most state offices, a county or state courthouse or correctional facility, you will probably be arrested.  

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