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What happens if you carry into a business with a “no guns” sign?

What happens if you carry into a business with a “no guns” sign
Image Credit: Survival World

A “no guns” sign posted at the entrance of a private business does not necessarily mean the same thing in every state, and according to the hosts of Gun Owners Radio, concealed-carry permit holders need to understand an important distinction between a business owner’s request and a location where firearms are prohibited by law.

Gun Owners Radio host Michael Schwartz and cohosts Alisha Curtin and Dakota Adelphia discussed that distinction in a recent segment prompted by developments in Hawaii, where a gun-control advocacy group and a Honolulu law firm were distributing signs to businesses that wanted to prohibit firearms on their property after a court fight over the state’s restrictions on carrying guns on private property.

Schwartz emphasized that their discussion was not an instruction to disregard signs or firearm laws, and the hosts repeatedly urged gun owners to know the rules in their own states because the legal effect of a posted sign can change significantly depending on where someone is carrying.

Hawaii Case Puts Private Businesses In The Spotlight

The discussion began with a news clip explaining that businesses in Hawaii were being offered free “no guns” signs after the U.S. Supreme Court struck down a Hawaii rule that had generally prohibited firearms on private property open to the public unless the property owner expressly allowed them.

Hawaii Case Puts Private Businesses In The Spotlight
Image Credit: Gun Owners Radio

Schwartz referred to that approach as the “vampire rule,” a phrase used in gun-rights circles for laws that require affirmative permission before a person may carry onto private property.

With that restriction no longer operating as before, the news report said businesses were being encouraged to make their preferences explicit by posting signs of their own.

A speaker in the news clip said communities should recognize that individual property owners have the ability to prohibit firearms, particularly amid concerns about shootings.

Adelphia strongly disagreed with the idea that signs themselves would meaningfully prevent violence, arguing that people already willing to commit serious crimes are unlikely to be deterred by a notice posted on a door.

She said lawful concealed carriers were not the group she believed was driving violent crime and questioned why gun-free zones continued to be promoted as a solution.

That is an ideological argument rather than a legal one, but it set up the more practical question that followed: what actually happens when a licensed carrier walks into a private business displaying one of those signs?

Schwartz Says California And Hawaii Treat The Sign As A Property Issue

Schwartz said that, in California and Hawaii, a sign posted by an ordinary private business generally does not by itself create the same kind of firearm offense that exists in locations where state law directly prohibits carrying.

According to his explanation, if a person is otherwise legally carrying under a concealed-carry permit and enters a private business with a “no guns” sign, the business can tell that person to leave if the firearm is discovered.

Schwartz Says California And Hawaii Treat The Sign As A Property Issue
Image Credit: Gun Owners Radio

If the person leaves when asked, Schwartz said, the matter ends there.

If the person refuses to leave, however, the issue becomes trespassing.

“The only process that exists is if they somehow find out that you’re carrying a gun there, they ask you to leave,” Schwartz said of the California and Hawaii situations discussed on the show. “And if you leave, it’s over. If you don’t leave, you are now trespassing.”

He stressed that he was describing what he understood the law to be rather than telling listeners what choice to make when encountering such a sign.

That qualification matters because firearms laws are highly state-specific and can change through legislation and court decisions, so a rule discussed in relation to one state should never automatically be assumed to apply somewhere else.

Curtin Compares It To “No Shirt, No Shoes, No Service”

Curtin offered one of the simplest explanations during the segment, comparing a private business’s firearm policy to the familiar “no shirt, no shoes, no service” signs posted at stores and restaurants.

A person is not generally committing a crime simply by being barefoot, she said, but a business owner can still establish conditions for entering the property and can refuse service or ask someone to leave for violating those conditions.

Curtin said she viewed an ordinary “no guns” notice in California in much the same way when the location itself was not otherwise prohibited by law.

Curtin Compares It To “No Shirt, No Shoes, No Service”
Image Credit: Gun Owners Radio

The comparison helps separate two questions that are easily confused: whether carrying a firearm at a particular location is independently illegal, and whether the property owner wants armed customers inside.

Those are not necessarily the same thing.

A private property owner may have the right to tell a customer to leave even when the customer’s conduct would not otherwise amount to an illegal firearm possession offense, just as a store can enforce other rules that go beyond the criminal code.

Some Locations Are Completely Different

All three hosts stressed that their discussion did not apply to every building displaying a firearm prohibition.

Schwartz pointed specifically to courthouses, city halls, government facilities and other places where separate laws may restrict weapons, saying those locations involve an entirely different legal analysis.

The hosts also referenced California’s SB2 and the various “sensitive places” affected by state firearm restrictions.

A permit holder cannot simply treat a sign at a legally prohibited location as nothing more than a request from the property owner, Schwartz said, because the underlying law may itself make carrying there an offense.

He urged San Diego County listeners who were unsure about prohibited locations to consult the CCW resources published by San Diego County Gun Owners, while acknowledging that even those materials can become outdated because firearm laws and court rulings change quickly.

That was an important caution in a discussion that could otherwise be misunderstood as saying posted restrictions never matter.

The hosts’ actual position was narrower: they were distinguishing ordinary private businesses from locations where the law itself restricts firearms.

Arizona Shows Why State Law Matters

Adelphia and Schwartz also pointed to Arizona as an example of why concealed carriers cannot assume the California or Hawaii approach applies nationwide.

According to the hosts, Arizona has circumstances in which a properly posted firearm prohibition can carry legal force, meaning ignoring the sign could lead to consequences beyond simply being asked to leave.

“Know your particular state laws,” Adelphia emphasized.

Arizona Shows Why State Law Matters
Image Credit: Gun Owners Radio

That advice is arguably the most useful part of the entire segment, regardless of someone’s position on gun rights.

Firearm rules are unusually dependent on jurisdiction, and the meaning of a sign can vary not only from state to state but also according to the type of property, the wording and placement of the notice, the person’s permit status and other restrictions that may apply.

In other words, seeing a similar red circle and crossed-out handgun symbol in two different states does not guarantee that the legal consequences are the same.

The Hosts Say A Sign Is Not Always A Criminal Ban

Schwartz returned repeatedly to his central point that, in the California and Hawaii private-business scenarios he was discussing, a legal concealed carrier does not automatically become a criminal merely because a store has posted a “no guns” sign.

He used a hypothetical fast-food restaurant as an example, saying that if employees discover a licensed customer is carrying and ask that person to leave, the carrier must leave or risk a trespassing problem.

There could still be an interaction with police if employees call 911, he noted, particularly if the firearm becomes visible, but he distinguished that from being prosecuted simply for carrying in a location where possession was independently prohibited.

Curtin and Adelphia agreed that the crucial issue is understanding what kind of location someone has entered and what authority the sign carries under that state’s law.

The hosts were also explicit that they were not encouraging listeners to violate firearm restrictions.

“If the law says you can’t carry in a certain place,” Schwartz said, the sensible course is not to put yourself in a position where you could face serious legal trouble.

For concealed carriers, then, the answer to what a “no guns” sign means is less universal than the sign itself makes it appear.

According to Gun Owners Radio, an ordinary private-business sign in California or Hawaii may function primarily as notice of the owner’s policy, with refusal to leave potentially leading to trespassing, while a sign in another state or at a legally prohibited location can carry much more serious consequences.

The practical lesson from Schwartz, Curtin and Adelphia was therefore not to assume either that every sign creates an immediate firearm crime or that signs can safely be ignored, but to understand the law where you are carrying before walking through the door.

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