Concealed Carry Laws Explained
Concealed carry laws are the rules that govern how citizens can lawfully carry handguns, and this applies to carrying those same weapons legally in public and in private. The concealed carry laws are different across the United States: some states have very strict guidelines for obtaining a concealed carry license to carry a firearm, while other states have what’s called a "shall issue" policy, which means you don’t have to come up with any good reason (as long as you pass the background check, you should be good). Some states allow people to open carry handguns (and other firearms) in public, while others do not. (Some states only allow some types of guns to be open carry). The states can also vary on where in public or private a person can carry their guns, once they have obtained the legal permission to do so . In addition, federal law only allows federal agencies to make rules about the places where licensed gun carriers can carry their guns, and these rules carry a burden on the states (and, therefore, are generally not enforced). For example, federal law only expressly prohibits firearm carriers from bringing a gun into federal facilities, post offices, military bases, or national parks. Each state can also strictly regulate the carrying of firearms on college campuses, which means schools are given the discretion to make their own rules about guns on school property. In other words, it’s important to note every university has its own set of gun policies on campus. The main takeaway from all this is that gun laws when it comes to concealed carry can vary between states, cities and even businesses. A person needs to do their research regarding gun laws (laws are continually evolving) to make sure that they do not violate any laws when concealing a handgun.
Carrying at the Bank: What To Know About Their Policies
In addition to state laws and regulations, banks have their own internal policies that impact the ability of concealed carry permit holders to have their firearms in their buildings. Not all banks have such policies, but under any of the regulations listed above, banks have the right to decide whether individuals are permitted to carry a concealed weapon on their premises. These policies may be displayed in a number of places. Some financial institutions issue the policies directly to their customers. It’s not unusual for banks to send periodic notices out to customers of branch locations, along with copies of their concentrated policies. Others publicize them in pamphlets available at their locations. Most commonly, bank policies are posted in a location visible to customers. For example, in the case of Visser v. Sykes Enterprises, Inc., 2007 U.S. Dist. LEXIS 18820 (E.D. Mich. Mar. 14, 2007), the plaintiff attempted to bring a tenant lawsuit against a bank that did not have a no-weapons policy posted in its lobby. In this case, the bank maintained a no-weapons policy, but had failed to post it. In light of this fact, the Court dismissed one count of the plaintiffs’ suit because even though the bank didn’t adequately display the policy, the policy was still in place.
Once a financial institution has a no-weapons policy, it is up to them to determine how it will enforce their policy in the event it is violated. Some banks will allow customers to possess weapons in their lobbies without needing to verify whether or not the individual is properly licensed. If a gun-possessor does not violate another law, some banks will allow the individual to disarm and secure the weapon (for example in a glove compartment) without consequence. In these cases, once the customer conceals their weapon, they are allowed to complete their business and continue on their way.
However, in some states, a violation can result in some serious repercussions. Some banks provide that any violation results in forfeiture of the individual’s firearms license or can even result in arrest. For example, in 2015, an Arkansas man was arrested after he entered a First National Bank of North Arkansas (NFBN) in his home town of Harrison with a handgun. The bank’s policy prohibits "weapons of any kind on its premises, which includes any branches, facilities, and properties." The man was reluctant to remove the handgun, citing the fact that he had obtained his concealed carry license ‘the legal way.’ However he returned to his vehicle and left without incident. Two weeks later he was sent a letter notifying him that the incident was being reported to the Department of Justice for investigation (as keeping a firearm in one’s home without a concealed carry permit is a crime that can result in jail time.) Further incidents, like this one, have been reported at other chains, including TD Bank and Wells Fargo.
On the other side of the coin, however, there are other financial institutions who do allow their customers to carry their weapons on bank property. In 2013, an Omaha-based legal group reportedly assisted a customer in getting the Papillion-La Vista branch of US Bank to rescind its no-weapons policy. This policy had been in place for years.
Concealed Carry Laws When It Comes to Banks
Regulations for concealed carry in banks vary from state-to-state, and are frequently determined by where the bank in question is located. For example, some states allow concealed carry permit holders to enter banks without any restriction, while other states prohibit concealed carry in banks entirely. Still other states allow banks to post signs prohibiting concealed carry, and permit holders who choose to ignore these signs may be charged with a crime.
States like Alabama, Georgia and Utah are unfriendly to gun owners in this regard. Oklahoma laws, for example, allow permit holders to carry in banks as they would any other business that permits such activity. Illinois regulations are interesting in that only banks that are also ATMs require the posting of a prohibition sign. Concealed carry permit holders can carry in all other banks in Illinois. Nearly all of the states on the West Coast are also unfavorable to gun owners, prohibiting concealed carry in banks altogether. As for the Northeast, Vermont, Maine and New Hampshire residents have a few options if they wish to carry concealed in a bank.
Local legislation can also affect whether or not guns will be allowed in a bank, so it is important to keep up-to-date on local regulations.
Criminal Charges for Carrying In Banks
The penalties for carrying in a bank can vary significantly from state to state. Knowing the law in your state is always important, but is especially crucial as you enter a bank that has the legal right to ask you to remove your gun.
If you are asked, then you will be given the choice to either leave, or to remove your weapon from the bank. If you choose not to comply, you may be met at the door by law enforcement officers who will escort you out and potentially charge you with trespassing. In some cases, the bank may ask the officers to not arrest you, but instead simply remove you from the bank. If this happens , you will also probably be banned from returning to the bank with your concealed carry weapon.
If you are arrested, the criminal charges you will face are dependent upon your state law, and can range from infraction and fines to heftier felony charges.
In addition to the possibility of criminal charges, an arrest or conviction will at the very least impact your ability to carry a concealed weapon. In many states, if you are arrested for carrying unlawfully, your concealed carry permit will be suspended while your case is pending, and could potentially be revoked if you are convicted. As with the potential impact of a criminal conviction, the effect on a permit is determined by the applicable state law.
What to Do If Stopped While Carrying in a Bank
If you are approached by bank security or law enforcement while you have a weapon, you should first identify yourself as a lawfully permitted concealed carrier. You should state both your name and your permit number. I also recommend disclosing what type of firearm that you have (pistol, rifle, shotgun), where it is at in relation to your person (holstered, in your bag, etc.), and whether or not you are loading (not chambered, loaded with no round in the chamber, round in the chamber, etc.). You should then provide the officers your permit card and your driver’s license or state identification card.
If you are carrying a firearm longer than a foot-long distance away from you, you should take that firearm and move it closer to you so the officers can see that you are in possession of it and that you are not armed with anything else. On that same note, removing all other items from your bag is also highly recommended. Law enforcement officers are allowed to assume that any other item in your bag or on your person is also a weapon, and will treat them as such if they can’t be seen within a reasonable amount of time.
If you are in possession of multiple firearms, you should state how many firearms you have and where each one is located. This will also keep them from becoming suspicious of you and prevents them from becoming inaccurate when making their report. It is recommended that if possible, weapons other than handguns should be placed in a bag for transport or off your person as firearms that require a long distance to load or unholster can result in you being shot.
Be respectful of the officers and comply with their requests even if you do not agree with their interpretation of the rules and regulations. It is good to keep in mind that, from the officer’s perspective, by the time they arrive at this location and time there is usually enough concern to merit a response. In a situation where they suspect criminal activity, a bad outcome is far more likely than a good one.
Why Staying Informed About Rules Is So Important
Staying abreast of the legal landscape is of critical importance for all American citizens, not just those who hold a concealed carry license. But, when you or a loved one is carrying a deadly weapon you do not want to inadvertently violate the law and become a felon. Gun owners would be wise to maintain an ongoing working knowledge of the ever changing concealed carry laws in your jurisdiction. Be sure to check the relevant laws from time to time. This is particularly true for folks living in sparsely populated areas where your sheriff takes months just to reach out to the public regarding legal changes. As with any practice , stagnation is the enemy of integrity.
One way to keep up on concealed carry laws is to register for updates on the National Concealed Carry Reciprocity Reddit blog or subscribe to a Facebook group dedicated to the sharing of concealed carry information, such as Concealed Nation or the Texas Concealed Handgun Licensees Facebook Group. Another method is to use a Google alert (using key terms like "concealed carry" , "[state] concealed handgun license" or "[your state name] concealed carry") to receive updates on the current state of the law. There is a wealth of websites dedicated to concealed handguns laws. Although not exhaustive, a few are as follows: