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.

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