If the sandwich boy at a Subway tells you....

[Gary in Pennsylvania]

Here's a question.....

I remember a discussion a while back where a member said that they were at the Steamtown Mall in Scranton taking pictures of the trains while open carrying….

It was some situation where he was warm and took off his outer garment coat or something making his firearm visible. The mall cops saw this….approached him….and were telling him about mall policy etc…
To avoid any problem, our PFOA member just left.

I can vouch that there are no “No firearms permitted” stickers/notices/warning etc on the Steamtown mall, but if there were…or if the mall police insisted on busting the guy’s chops, he could get into trespassing trouble.

So – Lets say I go to the friendly neighborhood Subway and order up a Chicken Bacon Ranch. The sandwich boy behind the counter sees that I’m carrying under my unzipped coat and states that guns aren’t allowed in the shop and I have to leave.
Sandwich boy is just a sandwich boy….no manager or anything. And there are no stickers/notices on the shop.
What Can I do? What rights do I have? What power does sandwich boy have?

This hasn’t happened to me, but I often visit my local Subway while carrying ( I don’t like many other fast food joints ) and have been wondering this question for many many weeks, but never got around to asking it.

[aubie515]

I say you got punk'd by the samwich boy.

I've seen some places that have the "we reserve the right to serve" signs and in that case I'd say you were SOL.

For me, I make sure that no one knows I am carrying. What good does conceal carry do for any of us, if people spot our pistols?

[KeithPA]

For a Chicken Bacon Ranch I'd toss the gun out the window and retrieve it later.

Very few stores have the "we reserve the right" signs anymore I've come to notice. I'd assume as long as they are an employee, then your SOL. Think about it, a Mall Ninja is not the manager of the mall, they are nothing more than an employee with a sweet n shiny badge.

The Millcreek Mall up here does not have any posted signs about firearms; neither do any of our Subways.

[G21.45]

An employee may be required by his employer (and, hence, has an obligation) to advise customers to the store's policies; he, also, has the authority to enforce certain store policies, too. (shoplifting, unruly behavior, proper attire, no knapsacks, etc.) Once you've been advised that firearms are not permitted at any private property, you really should leave the premises, promptly.

So, before the cops show up, why not simply make that order to go!






(Then, there's that part of the carry law which requires a handgun to be under the permitee's, 'direct control' at all times.)

[LorDiego01]

if sandwich boy tells me to leave because he caught a glimpse of my concealed weapon..

I guess there would be to ways to proceed..

1) Leave the store, refuse to pay if you already ordered, and never patronize that business again.

2) If you got the cojones, look at him in the eye and whisper "Im Homeland Security punk, Im keeping you safe. Now get me mah sandwich before I get Patriot Act on your ass" or something like that.

[den9]

im sure he wouldnt care, if a mall security guard confronts u tell him ur licensed to carry maybe he will shut up. or u can just be more careful and not flash ur gun

[exceltoexcel]

I would have to say that anyone carrying concealed without a LTCF is an idiot.

If you don't have a licence the only thing you can legally do (except in a car or in Philadelphia or banned places) is to carry open, so don't be stupid by covering up your gun if you don't have a LTCF.

[RoyJackson]

I've accidently exposed a couple of times. All I've ever done was tell the clerk I had a permit...never had any of them get upset or ask me to leave.

[MiniDevil]

An employee is a representative of the business. If you are asked by ANY representative of that business to leave, just leave. Don't pay. If you already paid ask for either your food or money back before you leave.

Either way, if you refuse to go it's trespassing. If you get arrested for something stupid like that, it may even be grounds to revoke your LTCF altogether.

[ScooterKrunch]

I think we should start a list of places to boycott for not allowing firearms. I'm sure others have had incidences where they were asked to leave. Places like this need to know what they are doing wrong. When I was in Oklahoma, Texans were then taking on such businesses. From what I remember they did a pretty good job at changing the views of places big and small. Of course down there it's pretty much all open carry. It was kinda weird seeing business suits, Stetsons, cowboy boots, and sixguns on the same person.