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Thread: Concealed Carry Laws - All of them - Once and for all

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    Default Concealed Carry Laws - All of them - Once and for all

    Okay I know what the website says, and I know that this subject has been broached quite a bit, however, things still seem unclear.

    I have a friend who took the CCW course about a year ago and has more information than what is just put on the webpage. Also, nobody mentions the legality of CCW in the Workplace.

    So, law enforcement, CCW Instructors, Experienced People. Where are the few places we are not allowed to carry, and most importantly why?

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    CCW burn out..you said it all and with the other long strings on CCW and its still not clear once and for all then it may not ever be clear once and for all...

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    Take a concealed carry course and learn the rules from the pros, usually a law enforcement type person. For starters:

    - You can't carry in schools up through 12th grade (I believe) or in any daycare type of facility. I think nursing homes are ruled out too ...need to re-read the list...
    - In Alaska, you can carry anywhere you want otherwise unless a) private property and you don't have prior permission, b) where posted by property owners, c) inside federal buildings and other places restricted by federal law (such as concealed carry inside a bank, while in Alaska, it's OK to open carry in a bank.)
    - You can carry in the work place regardless, but your employer may have policies against it. While not illegal, you risk losing your job if caught.
    - Most outfits that care to vary from State Law in Alaska will post rules on a sign, or a sign that says 'no' across the board. Sportsman's Warehouse for example, says that all long guns must be unloaded before entering and have them 'checked in' at the help counter but it's OK to carry a loaded handgun in a holster either in plain sight or concealed, but you must unload it before going in the store if you intend to remove it from it's holster while in the store. The sign is by the front door. Their rules are within the law I believe.

    In Alaska, it's illegal for any local jurisdiction to supersede state law. State law supersedes all other. Federal law supersedes state law (as I understand it.) In Alaska, if you are found not guilty in a shooting, i.e. it was legally justifiable, then you cannot be sued through civil court. That's a huge benefit to living in Alaska, because in most states, even if you are acquitted of any crimes or wrongdoing in criminal court, then you can be sued in civil court ...and lose your house, your retirement, your possessions, etcetera. If not guilty of wrongdoing, Alaska protects you from angry or saddened friends and family that may otherwise love to take vengeance on you for killing their loved one. This boils down to you being able to protect yourself properly, while in other states, you may be screwed if you shoot someone to save your own life. Alaska is a victim's rights state, not a criminal's rights state.

    OK, I took a huge risk by posting any rules at all so please verify everything that I said. I'll likely get flamed (but I only carry when in the field, rarely otherwise, usually when on the road and I do have my concealed handgun permit.) I'm due a review of the rules and may very well be wrong on one or more points above ...which is why you have to do your own research before you carry, consider both open and concealed carry (are you a legal resident?), and why it's a good idea to take a concealed carry course ...maybe even repeat the course.

    Brian

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    Quote Originally Posted by tananaBrian View Post
    I'll likely get flamed
    Sucks that we got to worry about that, but I know what you mean. Looks like you did well enough to me, I sure won’t flame you over it.

    Andy

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    Brian,

    This is actually where I was wondering the most. In other states, ie. Texas, for a public location to deny you ability to carry on premises they must post a specific sign that meets state code exactly, otherwise it's merely an illusion of denial to those who don't carry, because the only people that would know the difference are those that have completed a ccw course.

    I'm curious where the law makes clear a public and private sector. Meaning, it's perfectly understandable to deny someone into your private home if you are uncomfortable with guns, but you can deny anyone if you are that homeowner. Now, if you are a business owner, you are a public location which allows anyone entry, I would think laws differ to say that they cannot deny you access because of that fact.

    Most importantly I think that would go toward employers as well. Many forget about people that walk or ride bikes everywhere. There is no glove box to lock your gun in on your bike, likewise if you walked/bussed to work. In my opinion those are the people that are endangered the most, usually because they are the ones living in lower income neighborhoods, getting off work late at night, etc.

    Once again, only questions, but valid I think.... this is where I was really wondering.

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    I was listening to the radio the other day and they were talking about a guy who was working at the sears in Anchorage and was fired for carrying concealed while on the clock. Sears policy states that you may not possess a firearm while working on your person or on the premise. That includes your car. According to the radio this guy had worked there for over 5 years with a stellar career and was still terminated. Maybe one of the best ways to find out where you can and cannot carry would be to look at the Alaska statutes of weapons misconduct 4 and 5. The statute does not apply to the "policy" set by your employer but somewhere in the statute it will define who can deny concealed carry. It shouldn't be a criminal violation to carry in the workplace, only a violation of policy that could cost you your job.

    Also Alaska does not require a ccw, it is merely for reciprocity for other states. State law reads that any person may carry a concealed weapon. The only people who cannot carry concealed are those under 21 years of age. They have to be open carry.

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    Default Gun Owners should sue for the right

    By law if it is legal to carry conceal in a place where you work and the company has a policy against employees carrying, isn't that policy superseding the state law?

    I would think the employee should be able to sue the employer for discrimination and wrongful termination, if fired for carrying. You can sue for other lifestyle choices, like being gay? So why not sue for the right to carry a gun where it is perfectly legal?

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    Quote Originally Posted by irishlord View Post
    By law if it is legal to carry conceal in a place where you work and the company has a policy against employees carrying, isn't that policy superseding the state law?

    I would think the employee should be able to sue the employer for discrimination and wrongful termination, if fired for carrying. You can sue for other lifestyle choices, like being gay? So why not sue for the right to carry a gun where it is perfectly legal?
    I agree if they are legal to carry, they have a legal right to carry at work, if the general public can carry there as well.

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    Quote Originally Posted by Roach View Post
    Okay I know what the website says, and I know that this subject has been broached quite a bit, however, things still seem unclear.

    I have a friend who took the CCW course about a year ago and has more information than what is just put on the webpage. Also, nobody mentions the legality of CCW in the Workplace.

    So, law enforcement, CCW Instructors, Experienced People. Where are the few places we are not allowed to carry, and most importantly why?
    Go to your local library and look them up in the legal section. An internet chat forum is not the place to take anyone's opinion seriously.
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    (such as concealed carry inside a bank, while in Alaska, it's OK to open carry in a bank.)
    It's not illegal to carry concealed in a bank.
    Now what ?

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    Quote Originally Posted by stevelyn View Post
    It's not illegal to carry concealed in a bank.
    Agreed--it used to be here in Alaska, but that was repealed in 1997 or 1998.

    The Alaska statutes regarding this are actually very clear, and you can look them up online. Just do a Google search for something like "Alaska Statutes concealed weapon" or some variation and you should come up with good stuff. Any CCW class will cover this adequately too.

    What's unclear are the policies of many employers, but again that has nothing to do whether concealed carry is legal or not, just whether you could be fired.


    Mike

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    Quote Originally Posted by Articfox View Post
    I agree if they are legal to carry, they have a legal right to carry at work, if the general public can carry there as well.
    Not really. With lots of employers you sign an employment agreement where those policies are outlined, so if you sign it you are agreeing to those conditions and give up any recourse if you violate them.

    Of course if you don't sign such an employment agreement things are different. I think the NRA is currently litigating on this right now. I sure hope it comes out in our favor.

    Mike

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    The employer has a right to set the conditions of employment. Most often due to the advice of their bottom-feeder(s) legal counsel, sometimes due to their own bias and certainly from their legalized extortion carrier (insurance) they have a "no weapons" policy for their employees.
    Now what ?

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    Quote Originally Posted by irishlord View Post
    By law if it is legal to carry conceal in a place where you work and the company has a policy against employees carrying, isn't that policy superseding the state law?

    I would think the employee should be able to sue the employer for discrimination and wrongful termination, if fired for carrying. You can sue for other lifestyle choices, like being gay? So why not sue for the right to carry a gun where it is perfectly legal?
    It's actually quite consistent with the law:

    Quote Originally Posted by tananaBrian View Post
    In Alaska, it's illegal for any local jurisdiction to supersede state law. State law supersedes all other. Federal law supersedes state law (as I understand it.)
    Brian
    Private employers aren't government jurisdictions. They aren't passing any "laws" preventing you from carrying. Instead, they fall into the same category as private property owners and have every right to deny someone permission to carry on their property. Also, as mentioned, employers with no-carry policies will usually have these written in the employee code of conduct, which the employee normally signs at the beginning of employment. Again, this is a private contract, not a "law", so if you agree, it becomes binding. And violating the contract doesn't involve incarceration, just loss of employment.

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