Can I carry in a private business that prohibits weapons?

[OCResident]

Q: Can a licensed CA CCW holder carry in a business establishment that has signs or policies prohibiting weapons?

California law does not prohibit CCW holders from carrying in a private business establishment, even if they post a sign and/or search people entering. However, they are within their rights to ask you to leave (temporarily or permanently) if they find out - and you are trespassing if you don't leave after being asked.

No private establishment can establish a rule that pre-empts state law. Therefore, if you CCW at a private establishment and are discovered, you are NOT subject to immediate arrest/torture/deportation/etc etc etc. (Note that I said private establishment, not a GOV establishment, this is an important distinction).

The establishment can detain you for security purposes and call the law enforcement authorities all they want. If your CCW is legal, all the establishment can do is ask you to leave. They DON'T have to give you a refund, but you cannot be arrested.

If you refuse to leave, then you could be arrested for trespassing per 602(O) P.C., which states:

Penal Code 602.
Except as provided...every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:
...
(o) Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied by another and not open
to the general public, upon being requested to leave by (1) a peace
officer at the request of the owner, the owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession.

One thing to consider:

If the establishment has a clearly posted sign prohibiting guns/weapons, and if your issuing agency finds out about it, they *MAY* revoke your CCW permit for administrative cause. Not CRIMINAL, because assuming you left when asked by the establishment, you haven't broken any LAW - but if you cause a situation at a private business establishment and you're discovered to be carrying, and they write a formal letter to your issuing agency about the situation, your permit very likely will be pulled.

Trespassing law is very clear in this respect. Respect the law, you'll be fine. Anger your issuing agency, and you might have an administrative problem...

Concealed means concealed. You took the course telling you where you can legally CCW and where you can't. Follow those rules and you will be fine LEGALLY SPEAKING.

Keep your mouth shut to establishments that have PRIVATE rules regarding CCW if you decide to carry there. Do not engage in phone calls or letter writing campaigns asking everyone and their mother if they would prefer that you carry a gun in their establishments. If they decide your incessant phone calls and letter writing campaigns warrant attention, they'll post signs and you may have administrative problems.

Keep being a pain in the ass and some bored legislator will pass a law making it a misdemeanor to violate clearly posted private establishment rules regarding CCW.

We have a number of threads in this forum dealing with where you can and where you can't legally carry. The intention is to deal with places legally off-limits to carrying. To the extent that private establishments are discussed, the primary purpose is to advise which establishments will discover during their routine security process that you are (legally) armed and prevent you from entering or otherwise attract unwanted attention.

The information in this FAQ post should be considered "as-is" and is not guaranteed to be accurate in any way. The maintainers of this site make an effort, when possible, to try to verify the information, but we are not lawyers and, therefore, we cannot and will not give legal advice. If you need accurate answers, hire an attorney who is licensed in the state in question that specializes in firearms. It is completely up to the reader to verify ALL information contained in this FAQ post.