Millions of Americans carry firearms daily, prioritizing their safety and security. However, concealed carry is generally prohibited in most government buildings and facilities unless explicitly authorized, and many private businesses and property owners also have no-firearms policies. Before choosing to disregard a “No Guns” sign and enter the premises, it’s crucial to understand the potential criminal and civil consequences of such actions. In this blog, we offer some recommendations on what to do should you encounter a “No Guns” sign.
Federal Property
In general, federal buildings, installations, facilities, etc. ban personnel from carrying firearms onto the property unless they are part of the security team or specifically authorized to carry for their safety. This includes, but is not limited to:
- Federal courthouses
- Federal buildings (think offices of the Social Security Administration, IRS, and other agencies)
- Visitor centers and ranger stations in national parks
- Federal prisons
- Military bases
- Post offices
- Bureau of Land Management (BLM) offices
- VA hospitals and other facilities
Violating federal law (18 U.S. Code § 930 – Possession of firearms and dangerous weapons in Federal facilities) is a serious incident and if caught, violators could face imprisonment for up to 5 years and significant fines.
While we will not dive into the Gun Free School Zone act here as it has several exemptions and state, or local laws may also impact it. Generally speaking, schools are gun free zones (except of course those intent on harming school occupants freely ignore the posted signs).
State, County, and Municipal Property
Like federal buildings and properties, local jurisdictions (i.e., states, counties, and local municipalities) ban the carrying of firearms onto respective government property unless authorized. However, not all
states, counties or local governments are the same. Some may allow carrying into certain buildings, like a county library, while other jurisdictions may specifically prohibit it.
If you carry a firearm every day and do not have specified authority to carry it onto state or local government property, it is imperative that you research and know the state and local laws where you carry or intend to carry. If you do carry into a state or local government building without permission and are caught, you may face state and local criminal charges which could result in confinement and significant fines.
Sensitive Spaces
Some states, typically “blue” states, have banned carrying guns in areas they have designated “sensitive spaces.” We wrote about these sensitive spaces laws in our blog articles A Closer Look at the “Sensitive Places” Argument – A Gun Control Trojan Horse and Colorado Legislature Following California’s Lead on Using “Sensitive Places” Argument.
While these laws are being challenged in court and watered down, it is important to know they significantly expand state mandated gun free zones. It is essential to understand the laws and regulations in your state and local area to avoid facing hefty fines, jail time, or both.
Privately Owned Property and Businesses
Privately owned properties and businesses have the discretion to ban firearms on their property. For example, a large Private Equity owned shopping mall can ban firearms from the entire premises, including all the shops in the mall even if mall business tenant owners are pro concealed carry. Likewise, a commercial property owner may be supportive of concealed carry, but a business tenant may still be able to prohibit carrying in their business. Federal, state, and local laws cannot stop private property owners or businesses from barring weapons from their property.
What Should You Do When You Encounter A “No Guns” Sign?
When you encounter a “no guns” sign, we encourage you to respect the law and property owner’s rights even though you object. We understand the sentiment behind the phrase I’d rather be judged by 12 than carried by 6, but there are significant risks to defying gun laws. Willfully carrying a firearm onto government property, for example, is very likely breaking a law – federal, state or local.
Although carrying a firearm into a commercially owned building displaying a “no guns” sign may not break a specific law, however, it is disrespecting the property owner or business owner’s rights and requests. You have the choice of either leaving your firearm at home, in your vehicle (see our blog about securing a gun in your vehicle) or taking your business elsewhere. One of the most effective ways to protest a business is by taking your patronage to a competitor, and don’t hesitate to inform the business with the “no guns” sign that you chose to avoid them because of it
Understandably, some people are vehement about carrying a firearm everywhere and there are times you can’t avoid going into a certain building or facility. However, doing so could lead to several bad outcomes if compromised:
- A person spots the firearm and immediately calls law enforcement to say that someone has a gun. This scenario can unfold several different ways, not easy to predict. The worst case would be serious injury or death by law enforcement over reacting. The person calling law enforcement may think the situation is dire or they may call law enforcement out of spite (Swatting). Regardless, the response by law enforcement may not be peaceful because they likely assume you are the bad guy.
- A person spots the firearm and immediately yells or screams leading to panic and chaos inside the property or business. If someone is hurt in the panic, the person that was carrying may face a criminal charge, a lawsuit, or both.
- If a witness exposes the person carrying, leading the property owner or manager to be informed, the carrier may be asked to leave. This could not only be embarrassing but might also result in being banned from the store.
If you decide to carry into a business or commercial property despite a “no guns” sign and are compromised and asked to leave, it is highly recommended you leave immediately. The owner/manager may call law enforcement which could lead to a criminal trespassing charge or an overreaction resulting in serious injury or death. The longer you stick around or argue about your “rights,” the greater the likelihood of escalating the situation and the chances of an encounter with law enforcement, arrest, criminal charges or a lawsuit. It is highly recommended to comply with a “no guns” sign.
Why You Need CCW Insurance
Carrying a firearm is a wise choice for those that prioritize personal safety. However, it also comes with significant responsibility to comply with federal, state and local laws and regulations to preserve your rights and avoid an evening in jail with real criminals.
What you don’t know can incarcerate you. Not every business owner, business manager, District Attorney, or law enforcement officer believes you have the right to self-defense, and an ideological prosecutor may choose to bring criminal charges against you. Even if you successfully defend yourself in court on criminal charges, an unscrupulous lawyer can bring a civil suit against you from the aggrieved family of your attacker. These aren’t hypotheticals, people just like you have faced these situations.
Ask yourself these questions, and if the answer is “no” to any of them, chances are you need CCW insurance:
- Do you have an attorney on retainer skilled in defending against criminal charges?
- Do you have an unlimited budget to pay out-of-pocket for your legal defense bills?
- Do you have at least $100,000 in cash to pay a bail bondsman that you can afford not to get back?
- Do you have ready access to professional psychological counseling for post-incident treatment?
- Do you have legal protection against civil damages that could force you to sell your home, cars, guns, and other assets to pay a judgment?
READ MORE: When It’s Too Late to Buy CCW Insurance
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Conclusion
Most government owned property, be it federal, state or local, is likely a gun free zone. You don’t have to like it but you should comply or you may face criminal charges. Likewise, private/commercial property owners and business owners have a right to prohibit firearms on their property. While not complying may not be breaking the law per say, being compromised could result in an unpleasant scenario or even being Swatted while not leaving when asked could lead to an unpleasant encounter with law enforcement and potential trespassing charges. Carrying a concealed weapon comes with responsibility and risks. Consider becoming a member of Second Call Defense to ensure you’re legally protected in case you’re ever forced to use your firearm in self-defense. With 24/7 emergency legal support, expert guidance, and financial assistance, Second Call Defense offers peace of mind, knowing you’re covered when it matters most
