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Question about Posting


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Posted

Stopped by Hooters the other day.  I disarmed in the truck because they are posted.  As I walked in I noticed that the gun buster was not on the front door anymore.  They have a vestibule entrance and I checked both doors, no gun buster.  On the way out I noticed that they had moved the gun buster to the side wall, up high, inside the vestibule.  Very hard to see when walking in.  Since it is in the vestibule, is that still considered a legal posting or does it have to be on one of the doors?

Posted (edited)

Only a cop, then judge or jury could ultimately answer that. Anything else is just our opinions.

 

- OS

Edited by Oh Shoot
Posted
So what is your opinion? I am not going to carry there. Just was wondering what other peoples thoughts were on this.
Posted (edited)

So what is your opinion? I am not going to carry there. Just was wondering what other peoples thoughts were on this.

 

I'd say a cop is unlikely to arrest you for a non-obvious posting, unless management called him and put him on the spot, then maybe.

 

I'd say a judge is unlikely to convict you if the signs aren't placed prominently, but might.

 

I certainly don't think that exact compliance with statute wording and/or gunbuster is necessary to keep all judges from convicting you.

 

The "legal" interpretation can only be ultimately decided by case law or revision of the statute to be clearer. And while the wording issue might be cleared up to be crystal clear legally, the "prominent" part is always going to be a case by case call, eh?

 

- OS

Edited by Oh Shoot
Posted

When in doubt....don't!  The sign is there to cover the manager/owner, hench the out of the way placement. Since alcohol is served there I, personally, would not carry there....but then I don't go to Hooters. Just my  :2cents:

Posted

...Since alcohol is served there I, personally, would not carry there....

 

Are there other lawful carry situations you avoid?

 

- OS

Posted

Stopped by Hooters the other day.  I disarmed in the truck because they are posted.  As I walked in I noticed that the gun buster was not on the front door anymore.  They have a vestibule entrance and I checked both doors, no gun buster.  On the way out I noticed that they had moved the gun buster to the side wall, up high, inside the vestibule.  Very hard to see when walking in.  Since it is in the vestibule, is that still considered a legal posting or does it have to be on one of the doors?

There is no way I could have left the place without talking to management about the issue. I am one that will ask just to know the answer. The only questions I won't ask are the ones I don't care what the answer is or the ones I already know the answer too. Other wise my inquiring mind wants to know.................. :up: :up:

Posted

If you don't want guns in your store that's fine just post the signs where they belong on the dam outer door so I can see them.

 

It is not up to me to actively search or research the interwebs to find out if your stupid or not...

  • Like 3
Posted

If you don't want guns in your store that's fine just post the signs where they belong on the dam outer door so I can see them.

It is not up to me to actively search or research the interwebs to find out if your stupid or not...


Yep. I certainly don't go out of my way to look. Law says it's supposed to be prominently displayed on all entrances. I don't consider it my problem if it's not.
Posted
When people start getting charged for carrying past postings I'll start being more concerned with Easter egg gunbusters. Since it hasn't happened unless there are aggravating circumstances I'd say it is nothing to worry about. Sent from my iPhone using Tapatalk
Posted

Thankfully this is a law that has not really been applied.  But it is a bad law that has the potential to be used in the future and cause folks a lot of hassle.  We need to change it while we are ahead.

  • Like 2
Posted

I have seen similar and confusing signs @ 2 local businesses.  To my knowledge all Regions banks are posted.  There is an ATM in the lobby of the local Branch that I use.   The outer doors are not posted but the side window on one of the inner doors is.  I take this to mean one can carry @ the ATM but not inside the lobby.  We also have a local bar/grill called Lincolns that is on the posted list but I had to look long and hard and finally found the sign.  It is up high on a window that is 90 degrees to the door as you walk in.    

Posted

I'd argue entrapment since you'd already have to be in the joint to see the posting and thus violating the law if it was interpreted that way.

Posted

I'd argue entrapment since you'd already have to be in the joint to see the posting and thus violating the law if it was interpreted that way.

 

The US legal system is quite fair -- each person gets the full measure of justice he can afford. ;)

 

- OS

  • Like 1

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