I think you missed the point. The law is gray here as there is no definition of 'under control' to state that only one or multiple people can have control of a location. My personal feeling is if it is private property, then you can designate who you want to be in control and you can 'share' that responsibility with your staff. However, without a clear definition or case law, then we don't have that down pat. SO, unlike your committing murder scenario which is a clear cut violation, I don't believe these people are breaking the law by carrying in a place where they all have a say in control. BUT, if someone complains and the LEO's come in and decide to arrest someone for UCW and let the DA and courts sort it out, then you will have to go through the legal process and case law will be established based on how good your defense attorney is and how the DA and or AG want to try to now define 'under control' of a location.Jim88 wrote:IANAL but from what I remember from a couple of law classes I took in college, this is probably a false sense of security because there doesn't have to be a complaint when you're talking about breaking a law in the criminal code. Think of it like this: there doesn't have to be someone to make a complaint when there's a murder. All it takes is one LEO or prosecutor who wants to make it an issue. It's the civil code that usually needs someone to complain.My personal rule of thumb is if no one is going to see one or more people at a location open carrying and complain about it, then it will not be an issue. It only becomes a problem if someone reports it.
It's been 23 years since I graduated so I may be wrong.
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Return to “Carrying On My Premises”
- Fri Jul 05, 2013 2:18 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Carrying On My Premises
- Replies: 13
- Views: 2321
Re: Carrying On My Premises
- Fri Jul 05, 2013 7:56 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Carrying On My Premises
- Replies: 13
- Views: 2321
Re: Carrying On My Premises
Yeah, I think it is one of those areas where since it is a gun shop no one really says anything even though it is not legal. In a pawn shop they can probably get away with it too as no one complains about the violation of the rule.
My personal rule of thumb is if no one is going to see one or more people at a location open carrying and complain about it, then it will not be an issue. It only becomes a problem if someone reports it.
My personal rule of thumb is if no one is going to see one or more people at a location open carrying and complain about it, then it will not be an issue. It only becomes a problem if someone reports it.
- Thu Jul 04, 2013 5:21 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Carrying On My Premises
- Replies: 13
- Views: 2321
Re: Carrying On My Premises
The only way another could carry openly is if they would be considered under control of the premises. The question comes down to how many can be in control at one time?