Tuesday, August 4, 2009

Where can I go? More importantly, where can’t I go?

Get this one wrong, and where you end up may be federal prison.

Where you can and cannot carry a concealed firearm is the subject of some serious debates. As quickly as one interesting question is answered, another pops up. Many questions are very fact specific, and require the attention of an attorney. Others are easier to address. We will only discuss specific places in this post; places, facilities, buildings, and the like. We’ll address carrying a gun in a car, truck, motorcycle, or bicycle in another post.

So where cant you carry your concealed firearm with your License to Carry a Concealed Weapon or Firearm? We’ll start with some assumptions. 1) You have your license to carry, and you’ll need it to go here. 2) You are already complying with federal and state laws concerning your license. 3) You need to be somewhere.

If you have a License to Carry a Concealed Weapon or Firearm, life is pretty good. You don't need to worry about where you can go, if the place isn't on the list of prohibited places, you are free to carry concealed.

You can’t carry your gun in an airport passenger terminal. I get a lot of questions on this issue, and some people get argumentative about it. They mistake the passenger terminal for the “sterile” terminal. They are not the same. There are places you can walk in the passenger terminal without going through TSA’s security booth. These places are still part of the passenger terminal and carrying a concealed weapon can get you in big trouble.

If you have a firearm in an airport, it better be unloaded, in a TSA approved container and ready to be declared. We’ll cover air travel in another post. Until then, if you’re not declaring the weapon with the airline when you check in for your departing flight, you have no business having the weapon. Stop. Turn around. Leave the building immediately. Go back to your car and secure the weapon in your car. Now return as your blood resumes natural circulation.

The only time you can have a concealed firearm on your person at the airport is when you are in your vehicle, and then you had better be Buckled-up. So if you only have a motorcycle and you need to pick up a friend, either leave the gun at home or call a taxi. If you need to drive up to the airport to drop off a friend or loved one for a departing flight, and you are wearing a concealed firearm, you will be hugging and kissing and saying your goodbye’s in the car and keeping your butt in your seat. You will be rude by not assisting them with their luggage. The price you pay.

No concealed firearms in the airport. Clear enough? If you forget and get caught, call your lawyer and pray the TSA doesn't prosecute you in Federal Court.

So, where else can’t we carry?

Anyplace federal law prohibits it.

A bar, or portion of a restaurant that serves alcohol for consumption. If you go to TGI Friday’s, you can sit in the dining area and eat, but if you have to walk through the bar area to get to the restroom, you may want to “hold it” until you get home. You can’t be in the bar area with a concealed firearm. If you have a kid and the kid has a tendancy to run around, stay out of restaurants with bars. I hear Perkin's is nice this time of year.

Where else can't you carry your gun?

Post office.

Social Security Building.

IRS Building.

Polling place (anywhere you vote).

Any federal building prohibiting firearms.

Courthouse / Courtroom.

Jail / Prison / Detention Facility.

Police Station – or any Law Enforcement or Peace Officer’s facility.

On school grounds, or in a school’s facility or within 1000 feet of any elementary, middle or secondary school during school hours or during a school sponsored event, School bus stop, School sponsored event. For specific questions, ask your attorney.

Any athletic event where students are competing.

Any athletic event where athletes are paid to compete. This includes the Dolphins, the athletes need to be paid to play, no requirement that they actually win.

Any government facility where a meeting of a county commission, city council, school board, water management, or special district is taking place.

Any meeting of the state legislature, its committees or subcommittees.

Speaking of whores, you can’t be in a place of nuisance. This includes a house of drugs (crack house), house of prostitution (whore house), or house of illegal gambling. Then again, you shouldn’t be in one of those places anyhow.

So what about all of those businesses that have signs that say “Firearms Prohibited”? Sometimes they illustrate it with the picture of a gun and a circle with a slash through it. Like the Ghostbuster’s logo. Who you gonna call? Uhem! Anyway. Okay, so you see that pesky sign. What do you do now?

It’s pretty simple. You are carrying a concealed weapon so no one will even know you have a gun. It’s a public place and you are an invitee. No, you may not feel like an invitee, but take my word for it, you are. Go on in. Take care of business. Now if you do something foolish and someone catches on that you have a gun, they can ask you to leave, and you must vacate immediately. Do not stand around arguing, you will lose. You can be cited or arrested for armed trespass if someone simply asks you to leave and you fail or refuse to leave promptly. This means without cashing out. Just leave.

How about a bank? Yes, generally. What if it's FDIC insured? Then both you and your money are safe in there. Feel free to carry concealed in the bank. There are some exceptions. If the bank is in a federal building, it’s a no-no. If the bank is owned by the federal government and federal law prohibits it, don’t try it. But if it’s your average, everyday commercial bank next to the Publix or by your doctor's office? Your fine.

In all cases, just remember that you have a License to Carry a Concealed Weapon or Firearm and it means just that. It must be kept concealed. If not, all bets are off!

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