"No Handguns Allowed"
Does it really carry the weight of law?
I just received an e-mail from a recent student that asked for more explanation, from me, about carrying on to property where "No Handguns" signs are displayed. I had an article about this a few months ago, so please bear with me as I re-explain my view of the subject.
I'm Not an Attorney
At the risk of sounding like a lawyer, which I am not (as you likely know!), here are my opinions, as a gun instructor. For legal advice I suggest you contact an attorney with experience in the field of criminal defense.
Your Gun Can't Legally Go There
You have no legal authority to carry you gun onto property (with the exception of locking your gun in your car in a parking lot) where an owner, or proprietor has barred weapons. And an owner/proprietor can make that known by means of a sign with wording or a graphical image, that a reasonable person would understand, placed near the entrance.
Many people will argue that the owner/proprietor can't really do anything other than tell you to leave, and file trespassing charges on you, if you don't leave. While that is true, if, for whatever reason, you had to use that gun to protect yourself or a loved one, the gun would not be considered a legal means of lethal force for you to use. You could be subject to civil and/or criminal prosecution.
Oklahoma Law Regarding Deadly Force
Here, on page 31, is a "copy" of the Oklahoma Statute (OS Title 21, 1289.25) that deals with with the use of deadly force.
This following is taken from page 16 of our concealed carry course materials, as supplied by CLEET, which is also attached:
NOTE: (K) -It is unlawful for a person with or without a license to carry a concealed weapon onto property where an owner has barred weapons, with the exception of transporting and storing a firearm in a locked vehicle on any property set aside for any vehicle. 21 O.S. 1289.7a(A)
And on page 15 of the SDA Lawbook (available here) states:
"BUSINESS OWNER'S RIGHTS, A. Except as provided in Subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employee, or business entity to control posession of weapons on any property owned or controlled by the person or business entity."
So if I get caught, I'll leave and that'll be it!
Yes...kinda. But, what if you have to use that gun to defend yourself or a loved one? You and I would probably do it, and risk it...(better to be judged by twelve than carried by six, right?)
Yes, that is right.
But...and this is a big old BUT...you are in prime position to be sued, because that gun falls into the category of a "prohibited weapon". Even if you win the suit, be ready to spend in excess of $100,000 to defend yourself.
Why Go There?
There are plenty of business out there that want your business that don't prohibit handguns. Support them!
And those that don't... those places that you just gotta' go to? Well that's up to you. For me, I secure my gun in the car before I get to the parking lot.
And know what? As it turns out, those are pretty rare situations.
The Real Deal
Unfortunately, some folks do not quite understand, and wind up promoting the idea that concealed carry licensees can legally carry onto property that is marked with the "No Guns" type sign. But, strictly speaking, it is not true. In reality, though there is not a lot of "teeth" in the law to enforce it, carrying where such signs are used is indeed unlawful.
And, consequences could be severe, if you had to use a gun, carried in a prohibited place.
- Don
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