Concealed Carry Opt Out Legislation

In this day and age, 48 states in the United States have enacted legislation that permits a person to obtain a concealed carry permit. In other words, these individuals have the ability to obtain a permit that will allow them to carry a concealed weapon.

Even with a concealed carry permit, a person who desires to carry a concealed weapon is still subject to certain restrictions. For example, a person with a concealed carry permit cannot take his or her gun into or onto certain locations. These locations include but are not limited to:

* elementary and secondary schools

* governmental buildings

* establishments that sell liquor

* public events and gatherings

In this regard, a significant number of states have enacted legislation that permits any business the ability to preclude a person with a valid concealed carry permit from carrying a concealed weapon onto the premises. In order to assert this right to keep a person carrying a concealed weapon with a concealed carry permit from entering into or onto the premises, the business owner must post a notice of that prohibition.

The language that commonly is used in such a notice generally reads something along the lines of:

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

In this case, particular reference is being made to the statutes of the State of Texas. However, the language used in other states who have a similar law regarding concealed carry prohibitions at privately owned business is very similar. Moreover, the typical statute governing this type of concealed carry prohibition normally does require that the warning that needs to be posted by a business has to be spelled out in all capital letters.

By taking the step of posting this type of concealed carry warning, the business has in effect created can best be described as a gun free zone. By doing so, it then becomes illegal for a person with a concealed carry permit to carry a concealed weapon into or onto the premises of this particular business.

A person who does not abide by this prohibition can be charged with a crime that normally carries the designation of trespass (specifically unlawful trespass by the holder of a concealed carry permit. While the penalties differ from state to state, normally with a first offense, no jail time will be involved. Moreover, in order to be convicted, it is mandatory that the business post a notice as is described specifically in the applicable law.

Judge Upholds Conceal Carry Law - NBC Chicago (blog)

Judge Upholds Conceal Carry Law NBC Chicago (blog) By Edward McClelland Illinois gun owners are planning “the largest turn out of Right to Carry supporters Illinois” has ever seen, now that a federal judge has upheld the state's law prohibiting concealed weapons. In the case of Moore v. and more »

Women make up half of those taking concealed-carry handgun classes in Grand County - Sky Hi Daily News

Women make up half of those taking concealed-carry handgun classes in Grand County Sky Hi Daily News Rich and Marge Dowell teach a Colorado Concealed Carry class that allows participants to apply for the permit to carry a concealed handgun. They are both NRA-certified pistol safety instructors. “We saw a need for the class in Granby,” said Marge. and more »

Crime Scene Report: Suspicious activity leads Publix manager to cut off ... - Palm Beach Daily News

Crime Scene Report: Suspicious activity leads Publix manager to cut off ... Palm Beach Daily News His passenger was carrying a drink with ice, which the driver admitted contained an alcoholic beverage. According to police, he also readily admitted carrying a bag of marijuana, which police located inside a black bag. “I gave (the driver) a verbal ... and more »

Local news briefs — Feb. 6 - Akron Beacon Journal

Local news briefs — Feb. 6 Akron Beacon Journal Garland Johnson, 23, was being held in the county jail on charges of carrying a concealed weapon, illegally having a weapon, inducing panic and obstructing justice. He was arrested about 12:30 am Sunday after fleeing Summit County deputies outside the ... and more »

Conceal and carry laws fuel surge in female gun ownership - Kansas City Star

Kansas City Star

Conceal and carry laws fuel surge in female gun ownership Kansas City Star A shooter for several years, Hunt was not surprised to hear that more women are buying handguns, honing accuracy and toting them in their purses in states like Missouri and Kansas that have conceal and carry weapon laws. “I think a lot of women want ... and more »