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Discussion Starter · #1 ·
Is any one here a lawyer or can anyone here give me some legal advice on an incident that happened at a local mall parking lot just the other day?
 

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Atlanta Overwatch
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It's hard to recomend someone without a little more info.

If you need a defense atty, contact Doug King.

Mr. Michael Douglas King, II

Company: The Law Offices of M. Douglas King II
Address:1750 Powder Springs Road, Suite 190
PMB 315
Marietta, GA 30064-4861
Work Phone: (404) 790-7345
Fax: (404) 474-7377
Email: [email protected]
If you feel that your rights were violated, contact John Monroe.

Mr. John R. Monroe

Company:
Address:9640 Coleman Road
Roswell, GA 30075
Work Phone: (678) 362-7650
Fax: (770) 552-9318
Email: [email protected]
I can tell you that Doug is out of the office today, his second child was born about an hour ago.
 

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Discussion Starter · #3 ·
I was wondering if the mall security is allowed to tell me as a gfl holder that i am not allowed to open carry in its parking lot. Me and my friend work at the mall and we had just gotten off of work the other night. We went to our cars and put our shoulder holsters on and holstered our guns. We then proceeded to stand there and talk for awhile as we don't get to talk much at work.
We were harassed by the same security guard twice and then by a different security guard. We left with no incident and we had told them where we worked and the next day the head of security came into my job and talked with the store manager and one of the other managers and then my friend and I were called into the office by the store manager. I just think this thing went way too far. But I just want to know if my friend and I were in the wrong or were they wrong for harassing us and getting our employer involved.
 

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Discussion Starter · #4 ·
And by the way thank you Adam for the info
 

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Yukon Cornelius
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junuh said:
I was wondering if the mall security is allowed to tell me as a gfl holder that i am not allowed to open carry in its parking lot. Me and my friend work at the mall and we had just gotten off of work the other night. We went to our cars and put our shoulder holsters on and holstered our guns. We then proceeded to stand there and talk for awhile as we don't get to talk much at work.
We were harassed by the same security guard twice and then by a different security guard. We left with no incident and we had told them where we worked and the next day the head of security came into my job and talked with the store manager and one of the other managers and then my friend and I were called into the office by the store manager. I just think this thing went way too far. But I just want to know if my friend and I were in the wrong or were they wrong for harassing us and getting our employer involved.
the mall has the right to set its own policies...
 

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:popcorn:

what did you manager tell you? Did you speak with the head of security? Explain how you were harrassed.
 

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Mall cops have nothing better to do - there is not a whole lot of excitement there other than to tell people to stop loitering. The property management company that manages the mall itself also manages the mall property (parking lot) and, I would assume, hires the security company. So, with that said, I don't see a whole lot that can be done unless they assaulted you, committed battery, etc. If you don't mind being arrested for criminal trespass and losing your job during this great economic period that we're in, you could just tell the mall cops to pound sand and ignore them.
 

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You are welcome for the info.

I'm fairly sure that the mall owners/management can set their own policies for what can be done on their property.

OCGA 16-11-126 said:
(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.
 

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Unless the business you work for is pro carry, has granted you permission to carry and has access to the parking lot included in their rental/lease agreement then it's basically the mall owner's carry policy that's in effect when you're outside of your vehicle on their property.
 

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Junior Butt Warmer
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OCGA 16-11-126 said:
(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.
Forbidding possession and dictating manner of carry are two different things, I would think.

The mall ninja's are representatives of the property owner. They can communicate the policies and if you refuse to comply they can require you to leave the property under the regular trespassing procedures, same as anywhere else.

Do you work at that mall? Why did you submit to questioning? I don't understand why you told them where you worked.

Coming to your place of employment to tell your management "...he's been a naughty boy and we want him spanked..." doesn't make any sense unless the business is also at the mall, and even then I think the details of the lease agreement would matter.

IANAL
 

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Adam5 said:
OCGA 16-11-126 said:
(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.
Isn't property in the above referring to a "private passenger motor vehicle" whether it is owned, rented, or leased - not actual real estate or physical locations?
 

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Junior Butt Warmer
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vr6glidriver said:
Isn't property in the above referring to a "private passenger motor vehicle" whether it is owned, rented, or leased - not actual real estate or physical locations?
http://www.georgiapacking.org/GaCode/?t ... ection=127
O.C.G.A. § 16-11-127
Carrying weapons in unauthorized locations; penalty

. . .
(c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.
Again, property owners can forbid possession, but that is not the same as dictating manner of carry.
 

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Real legal advice comes in an attorney-client relationship where I'm paid good money to research the law, Shepherdize caselaw, go over the facts of your case in detail, etc. and come to a well-reasoned conclusion.

But my off-the-cuff opinion is that mall security CAN and SHOULD tell you not to loiter around vehicles in their parking lot.
Even though you and your buddy work at the mall, other customers passing-by won't know that. They'll just see some young men loitering around their cars in the parking lot. That doesn't make those customers feel safe and secure.

And mall security has probably been authorized by the owner of the mall to issue criminal trespass warnings. These can be verbal. They don't have to be written, but they usually are. If you are told to leave the property for violating some "rule" they have come up with, you must leave. If you don't leave, you can be charged with the crime of criminal trespass.

If you don't want to risk your jobs, then play nice and be reasonable when dealing with the security guards that the mall owners have hired to both protect the property and (primarily) to make customers "feel" more safe and at ease there.
 

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CoffeeMate said:
Which mall is this? I'd like to know so that I can avoid spending any money there.
Take your pick. They all have the same rules. No guns, no weapons and if you get killed on our property, well too bad for you it's not our problem.
 

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vr6glidriver said:
Adam5 said:
OCGA 16-11-126 said:
(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.
Isn't property in the above referring to a "private passenger motor vehicle" whether it is owned, rented, or leased - not actual real estate or physical locations?
Except as provided in 16-11-135.

"§ 16-11-135. Public or private employer's parking lots; right of privacy in vehicles in employer's parking lot or invited guests on lot; severability; rights of action". Read that section of code and see what it says.
 

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phantoms said:
vr6glidriver said:
Adam5 said:
OCGA 16-11-126 said:
(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135.
Isn't property in the above referring to a "private passenger motor vehicle" whether it is owned, rented, or leased - not actual real estate or physical locations?
Except as provided in 16-11-135.

"§ 16-11-135. Public or private employer's parking lots; right of privacy in vehicles in employer's parking lot or invited guests on lot; severability; rights of action". Read that section of code and see what it says.
So it appears that 16-11-126 is specific to a vehicle as property, and 16-11-135 covers actual parking lots, buildings, etc.. At least that's how I read it on my lunch break :shattered:
 

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phantoms said:
Unless the business you work for is pro carry, has granted you permission to carry and has access to the parking lot included in their rental/lease agreement then it's basically the mall owner's carry policy that's in effect when you're outside of your vehicle on their property.
this,,,,,,
 

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That last code section may be a smidge vague in that they could technically forbid possession of a firearm outside your vehicle as it is the Mall's property. However, if the two of you were holstered up and having a conversation INSIDE your car, I doubt there is much they could do to you legally. Just MY opinion.. not a lawyer.
 
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