Concealed Carry in Business with "No CC" Sign

[HonkyTonkHale]

What is the worst that could happen if I conceal carry in a business that has a sign prohibiting it? Is it simply a matter of asking me to leave, or can I actually faces charges? I am not going to get in an argument with a private business owner if they ask me to leave when I am carrying a firearm, but can the business call the police and have me arrested or ticketed (and possibly loose my CC license).

I know this is sort of a remedial question, but I have never heard a definitive answer.

 

[lee1000]

It is not illegal to enter a store that has a gun ban sign up. If a store employee sees your gun and asks you to leave and you refuse you will be trespassing. This is my understanding of it any way.

Handgunlaw.us is a good resource. See page 5 for Oklahoma.

Sent from my SM-N910V using Tapatalk

 

[ProBusiness]

TITLE 21 § 1290.22 BUSINESS OWNER’S RIGHTS
A. Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma SelfDefense
Act shall be construed to limit, restrict or prohibit in any manner the existing rights of any person,
property owner, tenant, employer, place of worship or business entity to control the possession of weapons on
any property owned or controlled by the person or business entity.
B. No person, property owner, tenant, employer, place of worship or business entity shall be permitted to establish
any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and
storing firearms in a locked vehicle on any property set aside for any vehicle.
C. A property owner, tenant, employer, place of worship or business entity may prohibit any person from carrying a
concealed or unconcealed firearm on the property. If the building or property is open to the public, the property
owner, tenant, employer, place of worship or business entity shall post signs on or about the property stating
such prohibition.
D. The carrying of a concealed or unconcealed firearm by a person who has been issued a handgun license on
property that has signs prohibiting the carrying of firearms shall not be deemed a criminal act but may subject the person to being denied entrance onto the property or removed from the property. If the person refuses to
leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to
exceed Two Hundred Fifty Dollars ($250.00).
E. A person, corporation, place of worship or any other business entity that does or does not prohibit any
individual except a convicted felon from carrying a loaded or unloaded, concealed or unconcealed weapon on
property that the person, corporation, place of worship or other business entity owns, or has legal control of, is
immune from any liability arising from that decision. Except for acts of gross negligence or willful or wanton
misconduct, an employer who does or does not prohibit their employees from carrying a concealed or
unconcealed weapon is immune from any liability arising from that decision. The provision of this subsection
shall not apply to claims pursuant to the Workers’ Compensation Code.

There is a definitive ruling as of 11/1/13 codified in the Self Defense Act.

If you carry past the gun buster sign and business owner askes you to leave, and if you don't, he can call police and you can get a $250 fine.

 

[HonkyTonkHale]

Thanks for the feedback and reference material. This is what I thought to be the case, but I did not have anything to backup by assumption or where to go and prove it.

 

[p238shooter]

This is the link to the latest SDA document you should know for Oklahoma Laws to keep you out of trouble.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2014.pdf

The federal laws are a mix-mash to find.

I keep looking for this SDA file link in a "stickie" under the "2nd Amendment Legal & Political" Forum, but someone decided to put it somewhere else and I keep forgetting where.

 

[SMS]

Yeah, it's in the Self Defense/Concealed Carry Forum for "Discussions regarding Oklahoma Self Defense Act (SDA), concealment clothing and techniques, open carry, training, etc..."

There is a bit of overlap between the "Legal and Political" forum and the "Self Defense" one...

 

[SPDguns]

TITLE 21 § 1290.22 BUSINESS OWNER’S RIGHTS
A. Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma SelfDefense
Act shall be construed to limit, restrict or prohibit in any manner the existing rights of any person,
property owner, tenant, employer, place of worship or business entity to control the possession of weapons on
any property owned or controlled by the person or business entity.
B. No person, property owner, tenant, employer, place of worship or business entity shall be permitted to establish
any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and
storing firearms in a locked vehicle on any property set aside for any vehicle.
C. A property owner, tenant, employer, place of worship or business entity may prohibit any person from carrying a
concealed or unconcealed firearm on the property. If the building or property is open to the public, the property
owner, tenant, employer, place of worship or business entity shall post signs on or about the property stating
such prohibition.
D. The carrying of a concealed or unconcealed firearm by a person who has been issued a handgun license on
property that has signs prohibiting the carrying of firearms shall not be deemed a criminal act but may subject the person to being denied entrance onto the property or removed from the property. If the person refuses to
leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to
exceed Two Hundred Fifty Dollars ($250.00).
E. A person, corporation, place of worship or any other business entity that does or does not prohibit any
individual except a convicted felon from carrying a loaded or unloaded, concealed or unconcealed weapon on
property that the person, corporation, place of worship or other business entity owns, or has legal control of, is
immune from any liability arising from that decision. Except for acts of gross negligence or willful or wanton
misconduct, an employer who does or does not prohibit their employees from carrying a concealed or
unconcealed weapon is immune from any liability arising from that decision. The provision of this subsection
shall not apply to claims pursuant to the Workers’ Compensation Code.

There is a definitive ruling as of 11/1/13 codified in the Self Defense Act.

If you carry past the gun buster sign and business owner askes you to leave, and if you don't, he can call police and you can get a $250 fine.

This is what this means-- If you are asked to leave and still refuse, you can be cited for TRESPASSING ONLY. No weapon related charges.