Gun Free Zones and the Law

A few weeks ago, I was doing training in Flagstaff, AZ. While I was there, I needed a new, white dress shirt so I decided to stop by the one and only mall in Flagstaff. As I approached the entrance, I noticed a rather large sign with a gun and an X through it.

In other words, they were letting me know this mall was a gun free zone and they did a good job of it as you couldn’t miss their sign. Now, when a concealed carry permit holder encounters a “gun free zone” we obviously have some choices to make. We can walk back to our car and go someplace else. We can walk back to our car and secure our gun in the vehicle and then go shopping. Or, we can just ignore the sign and go in anyway.

I’m not suggesting that anyone should ignore the sign, but let’s say you walked into the mall and didn’t notice the first sign, but you were already in the mall and noticed a second sign. If for some reason you got caught in a gun free zone carrying concealed what could happen to you?

I know some people let their mind wander and think that SWAT is going to descend on them and take their gun and they’re going to spend a year in jail and never get to carry a gun again.

Well, maybe that’s true in a place like California… but here’s what’s more likely to happen…

I live in the state of Utah. In Utah, a private business’s sign that says it’s a “gun free zone” does not have the force of law. In other words, if I walk into a business and they find out I have a gun they can simply ask me to leave. I can’t get in any legal trouble (unless I refuse to leave when asked to do so.)

However, if while in Utah I enter a private residence or a house of worship that’s a gun free zone, that does have the force of law. So what will happen if I get caught with a gun in church or in a private residence? Well, no SWAT team is going to get you and no year in jail either, but you could get charged with trespassing.

Back to the mall in Flagstaff, Arizona, which is different than a mall in Utah. If I had entered the mall with my gun and somebody had noticed it and reported me, I could have been charged with trespassing. This is because in Arizona, all “gun free zones” signs have the force of law, no matter what kind of place (private business, house of worship, etc.) they are posted in.

As you can see each state is different.

I imagine most states will only charge you with trespassing in the situations when the sign has the force of law but you never know, so make sure and research your own state’s laws. And again, not that I am saying you should ignore the “no gun” signs at a business, but if you accidentally make a mistake and find out you’re in a gun free zone too late, don’t freak out. Just calmly exit the business and if you’re carrying concealed nobody should ever know you have a gun in the first place.