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06-16-2010, 09:49
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#1
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Member
Join Date: Jul 2006
Posts: 54
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no firearms allowed
Ruths Chris in Scottsdale is posted no firearms allowed.
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06-16-2010, 10:22
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#2
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Senior Member
Join Date: May 2010
Location: Daytona Beach
Posts: 473
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If the laws there work similarly to the ones here in Florida, their "rules" do NOT supercede the law. Accordingly, if you are carrying in accordance with the state laws (even in a posted "gun-free" zone), you can't be held criminally liable.
They can, however, ask you to leave immediately and, if they do, it would be in your best interest to do so without delay, sarcasm or confrontation. Under such circumstances it would also be prudent to carry concealed...even if your state allows open carry.
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06-16-2010, 20:36
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#3
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AAAAAAAAGHHH!!!
Join Date: Apr 2004
Location: Redneck Sparta
Posts: 88,923
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Quote:
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If the laws there work similarly to the ones here in Florida, their "rules" do NOT supercede the law. Accordingly, if you are carrying in accordance with the state laws (even in a posted "gun-free" zone), you can't be held criminally liable.
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They are exercising their choice as specified by the law.
http://www.azliquor.gov/assets/docum...rearms_faq.pdf
http://www.azliquor.gov/assets/docum...rearms_eng.pdf
__________________
“If you can play on the fiddle,
How's about a British jig and reel?"
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06-16-2010, 21:05
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#4
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Senior Member
Join Date: Dec 2009
Location: LHC, Arizona
Posts: 712
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Under Arizona law, the sign carries legal weight. You can be prosecuted if you enter a posted business.
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Quando omni flunkus moritati
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06-17-2010, 00:53
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#5
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Member
Join Date: Jan 2010
Posts: 29
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I carry personal items, wallet, phone, keys, knife, etc., in a fanny pack( no gun) due to a partially disabled left hand. I've been told upon entering Ruth Chris, Costco, among others: "No firearms allowed." But, I have never been asked to open the pack. Easiest thing is to just not go to those places if you choose to carry.
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06-17-2010, 01:18
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#6
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Deceased
Join Date: Jun 2005
Location: Tulsa
Posts: 26,577
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Easiest thing is never go there again.
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OFFICIAL DISCLAIMER "This guy is a flake, listen at your own risk"
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06-18-2010, 11:09
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#7
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Lifetime Membership
Senior Member
Join Date: May 2003
Posts: 19,730
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Quote:
Originally Posted by Havasu
Under Arizona law, the sign carries legal weight. You can be prosecuted if you enter a posted business.
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This.
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"To spit on your hands and lower the pike; to stand fast over the body of Leonidas the King; to be rear guard at Kunu-Ri; to stand and be still to the Birkenhead Drill; these are not rational acts. They are often merely necessary." Pournelle
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06-18-2010, 11:14
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#8
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SummertimeRules
Join Date: May 2002
Posts: 2,072
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Carrying where prohibited, to include carrying where posted, is a loser move. Pretending not to understand the proprietor's wishes is something to be expected of a kid, not an adult with a permit.
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06-18-2010, 12:43
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#9
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Dr Dew
Join Date: May 2006
Location: Virginia
Posts: 178
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Quote:
Originally Posted by Havasu
Under Arizona law, the sign carries legal weight. You can be prosecuted if you enter a posted business.
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...unless you are not an Arizona resident, as I understand it.
Please someone correct me if I am mistaken.
__________________
John 14:6
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06-18-2010, 13:21
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#10
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Senior Member
Join Date: Dec 2009
Location: LHC, Arizona
Posts: 712
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Quote:
Originally Posted by DrMark
...unless you are not an Arizona resident, as I understand it.
Please someone correct me if I am mistaken.
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I am not a lawyer. That being said, my understanding is that the sign makes the business premises off limits to firearms. The only exceptions would be to the business owner and other employees.
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Quando omni flunkus moritati
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06-19-2010, 06:44
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#11
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Senior Member
Join Date: Mar 2001
Location: USA
Posts: 5,369
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Carrying where posted or looking for loopholes to support an excuse for doing something you shouldn't is a poor primary pln.
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NRA Law Enforcement Firearms Instructor
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06-19-2010, 07:56
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#12
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Lifetime Membership
Senior Member
Join Date: May 2003
Posts: 19,730
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Quote:
Originally Posted by DrMark
...unless you are not an Arizona resident, as I understand it.
Please someone correct me if I am mistaken.
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You're mistaken. AZ law applies when you're in AZ, just as VA law applies to me should I visit there. Serious question: How could you think that you have criminal immunity just because you're passing through?
There are two sections of laws in play. One set applies to businesses that have a liquor license. 4-244.29 states that it's illegal to carry into a licensed establishment, unless you have a CCW. 4-229 allows the establishment to opt out of that and prohibit essentially all weapons with signage.
13-1502 is the trespass law, and applies to any person who enters property after reasonable notice prohibiting entry. Yes, this applies to conditional things, too. If the sign says "Employees Only" and you go there, it's trespass. If the sign says "No guns" and you take one there, it's trespass.
At the root of things is respect for property rights. I've read plenty of posts where people say, "Well, those signs carry no legal weight in my state" or "The sign has to conform to this wording or that dimension". That strikes me as childish and disrespectful; the guy who runs the place doesn't want you in it, or doesn't want you in it while armed. Don't go. Don't be looking for a weasle escape, just don't go.
Back to the post. If you come to AZ, we'll treat you like an adult and expect you to act like one. Play nice with others and respect their property.
__________________
"To spit on your hands and lower the pike; to stand fast over the body of Leonidas the King; to be rear guard at Kunu-Ri; to stand and be still to the Birkenhead Drill; these are not rational acts. They are often merely necessary." Pournelle
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06-19-2010, 13:42
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#13
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AAAAAAAAGHHH!!!
Join Date: Apr 2004
Location: Redneck Sparta
Posts: 88,923
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Quit making sense, Sam.
__________________
“If you can play on the fiddle,
How's about a British jig and reel?"
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06-30-2010, 09:53
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#14
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CLM Number 24
Charter Lifetime Member
Join Date: May 2007
Location: Arizona Oven
Posts: 8,732
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Quote:
Originally Posted by Sam Spade
You're mistaken. AZ law applies when you're in AZ, just as VA law applies to me should I visit there. Serious question: How could you think that you have criminal immunity just because you're passing through?
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Because that's what the law says...
4-229. Licenses; handguns; posting of notice
A. A person with a permit issued pursuant to section 13-3112 or who meets the criteria specified in section 13-3102, subsection D, paragraph 1 or 2 may carry a concealed handgun on the premises of a licensee who is an on-sale retailer unless the licensee posts a sign that clearly prohibits the possession of weapons on the licensed premises. The sign shall conform to the following requirements:
1. Be posted in a conspicuous location accessible to the general public and immediately adjacent to the liquor license posted on the licensed premises.
2. Contain a pictogram that shows a firearm within a red circle and a diagonal red line across the firearm.
3. Contain the words, "no firearms allowed pursuant to A.R.S. section 4-229".
B. A person shall not carry a firearm on the licensed premises of an on-sale retailer if the licensee has posted the notice prescribed in subsection A of this section.
C. It is an affirmative defense to a violation of subsection B of this section if:
1. The person was not informed of the notice prescribed in subsection A of this section prior to the violation.
2. Any one or more of the following applies:
(a) At the time of the violation the notice prescribed in subsection A of this section had fallen down.
(b) At the time of the violation the person was not a resident of this state.
(c) The licensee had posted the notice prescribed in subsection A of this section not more than thirty days prior to the violation.
D. The department of liquor licenses and control shall prepare the signs required by this section and make them available at no cost to licensees.
E. The signs required by this section shall be composed of block, capital letters printed in black on white laminated paper at a minimum weight of one hundred ten pound index. The lettering and pictogram shall consume a space at least six inches by nine inches. The letters comprising the words "no firearms allowed" shall be at least three-fourths of a vertical inch and all other letters shall be at least one-half of a vertical inch.
F. This section does not prohibit a person who possesses a handgun from entering the licensed premises for a limited time for the specific purpose of either:
1. Seeking emergency aid.
2. Determining whether a sign has been posted pursuant to subsection A of this section.
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Last edited by Doc Holliday; 06-30-2010 at 09:54..
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06-30-2010, 10:03
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#15
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CLM Number 24
Charter Lifetime Member
Join Date: May 2007
Location: Arizona Oven
Posts: 8,732
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Quote:
Originally Posted by aztnb
Ruths Chris in Scottsdale is posted no firearms allowed.
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Overpriced, uppity steakhouse anyhow...
__________________
Brought to you by SKYY Vodka: The Official Vodka of Doc Holliday
"As for me and my house, we will continue to use the 2nd Gen Glocks"
This invisible text is also brought to you by SKYY Vodka.
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06-30-2010, 17:37
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#16
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Dr Dew
Join Date: May 2006
Location: Virginia
Posts: 178
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Quote:
Originally Posted by Doc Holliday
Because that's what the law says...
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Ah, yes, that's the part that I was told about.
Thanks for finding that, Doc H.
__________________
John 14:6
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06-30-2010, 17:40
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#17
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Dr Dew
Join Date: May 2006
Location: Virginia
Posts: 178
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Quote:
Originally Posted by aztnb
Ruths Chris in Scottsdale is posted no firearms allowed.
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BTW, aztnb, if you're like me and prefer to spend your money where you're welcomed, a site to find pro-gun restaurants is here: www.gunburger.com
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John 14:6
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06-30-2010, 17:47
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#18
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Lifetime Membership
Senior Member
Join Date: May 2003
Posts: 19,730
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Quote:
Originally Posted by Doc Holliday
Because that's what the law says...
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C. It is an affirmative defense to a violation of subsection B of this section if:[/B]
(b) At the time of the violation the person was not a resident of this state.
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Affirmative defensives are issues raised at trial for the consideration of the judge. They do not provide immunity from arrest.
If there was confusion in talking about two different aspects of the legal system, I apologize for contributing to it.
__________________
"To spit on your hands and lower the pike; to stand fast over the body of Leonidas the King; to be rear guard at Kunu-Ri; to stand and be still to the Birkenhead Drill; these are not rational acts. They are often merely necessary." Pournelle
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