General Categories > Carry Issues
Bank Inside Grocery Store
birddogne:
New to the site and my first post here. By the way GREAT site.
I just took my CCW class two weeks ago and this is one of the questions I asked the instructor. He had never had this come up before. We also had an attorney taking the class, he stated that if the issue happen to make it to court for carring in a store which allows carry but has a bank in it, he would argue that only the square footage of the building that the bank had rented from the store could be considered a no carry zone.
unfy:
Not a lawyer, but I simply don't interact with any of the bank related persons when in a store that has a bank office situated inside.
The entire building isn't a bank IMHO - just the area rented from the parent store (as mentioned by birddogne). Just to avoid further trouble, I wouldn't even use store facing tellers if you're armed. Doing banking related stuff ? No weapon period.
People love to split hairs on details or talk about 'spirit of the law' depending on how things favor their view. For me, avoiding the bank section (and not interacting with it), seems to satisfy both - you're not dealing with the bank, and by avoiding the tellers (although you might be standing on grocery store territory on your side of the counter) -- you're also in spirit of the law by not doing banking.
Or, like me, use the drive through teller things with the pneumatic tubes :D
armed and humorous:
The way I look at it is like this: if I'm carrying concealed, and nothing happens while I'm in the grocery store that has the bank inside to cause me to reveal my gun, no one's going to know I carried in there anyway. If something does happen to prompt me pulling my handgun, I'm going to be more concerned with saving myself (and/or others) from the threat than worrying about whether I'm breaking the law at the time. I would imagine, that in a case like that, the affirmative defense would take the place of my CHP being illegal at the time. My understanding of affirmative defense is that if it turns out you needed your gun for self-defense, then you were justified for carrying it concealed in the first place.
DaveB:
If I am going to a grocery store that has a bank in it, it doesn't matter. I am going to the grocery store. The bank is not part of the business I am partaking services of and has nothing to do with my reason for being there. If the toy bank in the grocery store get's robbed while I am there, that is too bad, they should have been in a secure building to begin with. If you are not banking, you are not carrying in a prohibited space, as long as you do not cross the imaginary line.
JMO of course.
Husker_Fan:
The law prohibits carry in a financial institution and other parts of the statutes define those. I figure that since the state doesn't regulate grocery stores with bank branches in them as financial institutions themselves, that's a good indication that the grocery store is not a financial institution.
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