Who has the right to ask you if you are carrying?

[sschrick]

After talking to a buddy of mine the other day who had an incident while carrying (concealed), it made me think.

If you are out and about and carrying (concealed), who has the right to ask you if you are carrying? Let's say part of your gun or holster is briefly exposed OR if you are printing. For example, store owners, other citizens, law enforcement, rent-a-cops, etc. . . .

And, who are you obligated to respond to?

[TMF]

Anyone can ask you anything and you can refuse to answer, but if that police officer can tell you're carrying and he asks for a permit you have to produce one. I would say having a bulgy pistol butt imprinting in your shirt is enough PC for an officer to search you if you say that you aren't armed.... carrying a handgun is a crime after all.

If someone approaches you and asks if you're carrying a firearm it's safe to assume they already know. I guess you could tell them to pound sand, but being deceptive or hostile is likely to raise a person's suspicion and cause them to call police, especially if it's the store's management or security.

[Jonnin]

For sure, law enforcement. Also, property owner or representative of the property owner if you are on someone else's property (store, etc). Random citizens can ask, but you are not required to answer. Anyone can ask, of course. Rental cops represent whoever hired them, as do any employee of a business and if you are AT the business where the questioner works, they may ask.

I am not sure you have to show a permit to any but the law enforcement. Others who ask cannot ask for that -- it is your private info (name, etc). They can ask you to leave, but they cannot ID you or detain you.

Edited May 21, 2012 by Jonnin

[Mike.357]

You only have to deal with LEO, no one else can demand an answer.

It is pretty simple.

[UncleJak]

I think if a regular person asks, it could be a good teaching moment for 2nd amendment rights.

[Guest 6.8 AR]

I think you are right!

Sent from my iPhone using Tapatalk

[Makiaveli]

If you don't want to answer, I think the safe response is to ask why do you care. THEN if it turns out to be the owner/manager etc, you can respond appropriately. Do you really want to blow off some random citizen only to have then go back into the office and call the cops and tell them you have a gun and refused to leave? Sure that isn't what happened, but your word versus theirs.......add a cop who is having a bad day and good luck with that.

[TMF]

Just curious, would you mind sharing the incident that occurred with your friend? I understand if you don't but I'm always curious about these kinds of incidents.

[Guest ab28]

For sure, law enforcement. Also, property owner or representative of the property owner if you are on someone else's property (store, etc). Random citizens can ask, but you are not required to answer. Anyone can ask, of course. Rental cops represent whoever hired them, as do any employee of a business and if you are AT the business where the questioner works, they may ask.

I am not sure you have to show a permit to any but the law enforcement. Others who ask cannot ask for that -- it is your private info (name, etc). They can ask you to leave, but they cannot ID you or detain you.

A property owner or representative can ask me all he wants and I'll still lie. The only person who asks and I'll honestly tell is a cop. Anyone else, it is none of their business.

[Guest Wildogre]

I think my reply would be "Why do you want to know?" That then places the questioner in the position to justify the first question. Depending on the answer I get. That would then be the basis for my response.

[kwe45919]

I've been asked more times while in a conversation vs. being noticed by someone but the few times I've OC'd and been asked I've said things like, "For your saftey and the saftey of others." or "Why do cops/military carry a gun?" or "Police can't be every where all the time." and I've even said "Saftey First, not last."

[Reservoir Dog]

I think my reply would be "Why do you want to know?" That then places the questioner in the position to justify the first question. Depending on the answer I get. That would then be the basis for my response.

I like that.

If some random person asks me about the bulge under my shirt, I tell them it is a colostomy bag. That pretty much ends the conversation right there.

[alwaysonjohn]

i just respond to anyone that asks ("I have a permit to carry"). I don't show them my carry permit unless they own the place or if its the police. Just know that your attitude, specifically being rude to a person asking, will more than likely end up with the manager not wanting you to come back (with the cops coming out with trespass notices) for creating a scene whether or not the "concerned citizen" or "customer" should have asked you in the first place. IMHO don't open carry unless you want to bring attention to yourself.

[Mike.357]

i just respond to anyone that asks ("I have a permit to carry"). I don't show them my carry permit unless they own the place or if its the police. Just know that your attitude, specifically being rude to a person asking, will more than likely end up with the manager not wanting you to come back (with the cops coming out with trespass notices) for creating a scene whether or not the "concerned citizen" or "customer" should have asked you in the first place. IMHO don't open carry unless you want to bring attention to yourself.

cite an instance of this happening.

[Guest A10thunderbolt]

I have been OC for a while now, I carry every day even at work. I have had four or five people ask about it, one asked if I was a Cop, and I informed him no and told him he could get one if he could pass a background check and submitted his fingerprints to the TBI. That conversation ended well. There were two restaurant owners who asked about my gun and then told me what kind they were carrying. There was also a time when I was eating and a couple came up and said glad to see others carrying to. I'm sure I missed someone but to me its not stressful or bad, no one has freaked out. I think at least in east TN you can feel free to OC without to much harassment.

Oh! I was in a traffic accident and the responding Officer said "Thats fine" when I informed him I had a HCP and had a gun.

[Guest Nikator]

I think my reply would be "Why do you want to know?" That then places the questioner in the position to justify the first question. Depending on the answer I get. That would then be the basis for my response.

I'd be a little more courteous and just confirm that I am legally carrying. If you failed to keep the gun concealed you should at least give the person some piece of mind that you are a polite and responsible gun owner. You already know that they are concerned, that is why they are asking. \

CC is commonplace to us; however it is scary as #### to others.

Don't scare the sheep.

[Makiaveli]

cite an instance of this happening.

Which would prove ti has happened. However are you implying that if it hasn't happened to one of the members here who just happens into this thread that it hasn't/couldn't happen?

It's common sense. They would only ask if Friendly, Neutral or Hostile to the idea. In two of three cases being rude could easily tip the scale.

[Guest Catfish36]

I think if a regular person asks, it could be a good teaching moment for 2nd amendment rights.

My thoughts exactly! I couldn't agree more. It's all well and good that we sit around talking to each other and complaining about the uneducated and misinformed masses, but I think it is past time that we all stop talking just to each other and start educating and informing in a kind respectful manner. Let them know what it means to be an American ..what it means to be Free! We don't have to be rude or smart about it (that attitude comes across as threatening, which only confirms their suspicions)..but we can be informative and reassuring of our rights as well as theirs. Remind them that THEY (not just us) have the right to keep and BARE arms.

[Timestepper]

My thoughts exactly! I couldn't agree more. It's all well and good that we sit around talking to each other and complaining about the uneducated and misinformed masses, but I think it is past time that we all stop talking just to each other and start educating and informing in a kind respectful manner. Let them know what it means to be an American ..what it means to be Free! We don't have to be rude or smart about it (that attitude comes across as threatening, which only confirms their suspicions)..but we can be informative and reassuring of our rights as well as theirs. Remind them that THEY (not just us) have the right to keep and BARE BEAR arms.

Fixed that for ya'!

(Unless of course you're referring to the right to go sleeveless, in which case never mind.)

Edited May 27, 2012 by Timestepper

[Dolomite_supafly]

And a property has the right to ask you to leave if you don't answer. Or if they don't like you carrying they can ask you to leave as well even if they are not posted.

Personally I would answer that I was and be nice about it. Getting an attitude about it will only push people away about the subject.

Dolomite

[Guest ab28]

And a property has the right to ask you to leave if you don't answer. Or if they don't like you carrying they can ask you to leave as well even if they are not posted.

Personally I would answer that I was and be nice about it. Getting an attitude about it will only push people away about the subject.

Dolomite

I disagree with this, but I would be nice about it, and explain to people, also the property owner why self defense is my own personal call and not anyone else's.

[TMF]

I disagree with this, but I would be nice about it, and explain to people, also the property owner why self defense is my own personal call and not anyone else's.

You disagree that a business owner can tell you to leave?

[Dolomite_supafly]

I disagree with this, but I would be nice about it, and explain to people, also the property owner why self defense is my own personal call and not anyone else's.

A property owner or his agent can set whatever conditions he wants in order for you to be on his property. You have ZERO rights afforded by the Constitution on private property.

You have no right to keep and bear arms on private property unless the property owner allows you. You have no right to free speech on private property, again unless the propert owner lets you. You have no right to be free from unreasonable search and siezure if the property owner makes that a condition of you being on his property, employers do it all the time. And the property owner can ask you to leave for any reason or no reason at all and if you don't you are guilty of trespass.

The Constitutional rights are only there to protect you from the governement, not to protect you from other private citizens. And as such the Ammendments of Constitution do not apply to you in your dealings with other private entities. And a private entity can be an individual or a multinational corporation.

So if you think you are guaranteed any constitutional rights on someone else's property you are wrong.

Dolomite

[Guest ab28]

A property owner or his agent can set whatever conditions he wants in order for you to be on his property. You have ZERO rights afforded by the Constitution on private property.

You have no right to keep and bear arms on private property unless the property owner allows you. You have no right to free speech on private property, again unless the propert owner lets you. You have no right to be free from unreasonable search and siezure if the property owner makes that a condition of you being on his property, employers do it all the time. And the property owner can ask you to leave for any reason or no reason at all and if you don't you are guilty of trespass.

The Constitutional rights are only there to protect you from the governement, not to protect you from other private citizens. And as such the Ammendments of Constitution do not apply to you in your dealings with other private entities. And a private entity can be an individual or a multinational corporation.

So if you think you are guaranteed any constitutional rights on someone else's property you are wrong.

Dolomite

Guess we will have to disagree on this. I don't let the government infringe on my rights, I definitely won't let a private citizen do it. My rights don't change based on whatever piece of ground I stand on. People give private property owners too much leeway. Me carrying a handgun is my own business, no one else's. My defense of my own life falls to me, no one else. Thus, they have no say in whether I carry or not. Sorry, just because someone owns more stuff than me doesn't give them the right to tell me what to do.

[BigK]

Guess we will have to disagree on this. I don't let the government infringe on my rights, I definitely won't let a private citizen do it. My rights don't change based on whatever piece of ground I stand on. People give private property owners too much leeway. Me carrying a handgun is my own business, no one else's. My defense of my own life falls to me, no one else. Thus, they have no say in whether I carry or not. Sorry, just because someone owns more stuff than me doesn't give them the right to tell me what to do.

You seem to be confusing your personal convictions with your rights.