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Tell Us: Does Retail Center's Rule Conflict With Gun Owners' Rights?

Some gun owners have objected to The Promenade Shops at Saucon Valley's "Rule #13," which states "weapons including guns...may be confiscated and given to proper authorities."

 

A recent topic thread on the Pennsylvania Firearm Owners Association (PAFOA) Discussion Forum has members taking a closer look at the Promenade Shops of Saucon Valley's Code of Conduct. 

In a message board thread titled "Center Valley Promenade Shops don't allow guns, but is their policy legal?" board member WolfMacabre9 wrote:

"I understand that it is private property and that they are within their rights to say no firearms, but are they legally able to confiscate my firearm? I don't plan on going there anymore because I don't like to support anti-gun supporters, it just doesn't seem legal to me though that they could confiscate a firearm."

The policy, known on the discussion board as "#13," reads, "Any weapon such as guns, knives, swords, laser pointers, and any other items that can harm the customer wil be confiscated and given to proper authorities." 

The discussion thread mirrors a similar one about carrying weapons on the Saucon Rail Trail in Hellertown that took place earlier this summer. 

A representative of the Promenade Shops, which is in Upper Saucon Township, confirmed that the Code of Conduct has been in place since the outdoor "lifestyle center" opened in 2006. They did not return calls for comment. 

Several contributors to the discussion thread confirmed that they have visited the Promenade Shops with a concealed weapon and had no issue.

A few writers also commented on recent mass shootings, including the Aurora, Colorado movie theater massacre and the weekend attack on a Sikh temple in Wisconsin that left six people dead. 

Some forum members, such as Ten*K, said that if they aren't allowed to bring concealed weapons to the Promenade Shops, they won't be returning.  

"The moral of the story: If you don't like the rules the property owner places upon entry - don't go there. Your property right to keep and bear doesn't trump his property right to manage his kingdom."

What do you think of the Promenade Shops' Code of Conduct? How do you feel about the policy to confiscate weapons? Tell us in the comments below.

Related Topics: Aurora, Code Of Conduct, Mass Shooting, PAFOA, Right To Carry, Rule 13, Second Amendment, The Promenade Shops at Saucon Valley, conceal and carry, and gun rights

LogieT

6:55 am on Sunday, August 12, 2012

The absurdity of gun free zones makes me giggle!

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Steve Hanner

8:06 am on Sunday, August 12, 2012

If the weapon is concealed, they won't even know you have it.

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Robert Preston

11:00 am on Sunday, August 12, 2012

True, but it doesn't mean you aren't breaking Trespass laws if they have the notice posted in a manner that a person would likely see it upon entry.

Sam Hain

8:57 am on Sunday, August 12, 2012

No better way to tell criminals where plenty of defenseless victims can be found than establishing a "gun free zone".

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Gerry Kranz

9:23 am on Sunday, August 12, 2012

While it is ok to bar certain things from private property, I am not sure it is legal to confiscate a citizens legal property. Is Promenade security comprised of rent-a-cops, or are they an actual police force?

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Robert Preston

11:02 am on Sunday, August 12, 2012

Correct. They can ban folks, but they cannot take a gun from a person. Doing so would be robbery and probably assault of some form. The property owner could lawfully use physical force to remove you from the property, but not take your gun.

Lower Saucon Guy

9:27 am on Sunday, August 12, 2012

So they have a rule. No one enforces it, so it's like all the other rules we have in this country. Worthless. I wouldn't carry a gun around there in a holster, but like Steve said, who would know if you had one in your pocket. I would ignore rule # 13, like I ignore all stupid rules.

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Tom C

10:53 am on Sunday, August 12, 2012

Oh I see. You only follow laws that you agree with? So, if I think that stealing from banks is fine because banks steal all the time, then I'm innocent?

The system we have is that we all must follow the law. In this case, the owners notice is legally binding as a condition of entry/use. (see Pennsylvania code: 18 Pa.C.S. § 3503: Criminal trespass) If you don't agree with the owner's usage conditions, don't use it or ask him to change his rules, or change the law. That is how a civil society behaves.

Micky

10:34 am on Sunday, August 12, 2012

Ok, it's the Promenade Shops' right to tell gun-owners that they can't carry, but the MOST they can do, initially, is ask us to leave. After that, if we don't then we are trespassing and can be arrested. But in NO way, shape, or form, can they take, hold, or even TOUCH our weapons. THAT is illegal. These guys are going to be hearing about this one, I assure you. Their policy goes too far.

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Robert Preston

10:43 am on Sunday, August 12, 2012

Since I am one of the people being quoted in that story - be sure to read the entire thread. A property owner can demand that you hand over your gun, but he simply cannot take it from you. If you want to remain on that property, it is up to you to comply with the demands, or to leave.

Public property regulations/rules face Commonwealth preemption. No municipality can enact rules, regulations, or ordinances that further manage public domain that is inconsistent with Commonwealth law.

If you don't like a private property owner's rules, you can always write and petition the owner to change them. But they aren't required to change them any more than I am required to change my rules at my home.

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Andrew Wilt

12:22 pm on Sunday, August 12, 2012

The Promenade Shoppes may be private property, but the owners clearly want the public there. I don't see how the Promenade Shoppes owners can really make the usual claims of the typical private property owner when their intent is to have the public on that property as much as possible during business hours. So they're happy to take your money as long as you obey their rules, even the ones bordering on being unconstitutional.

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Robert Preston

12:49 pm on Sunday, August 12, 2012

Andrew Wilt, the Constitution only protects you from government infringement, not private infringement. So there is nothing even remotely close to their policy being "unconstitutional".

Just because a property is open to the public it doesn't mean the property owner releases all property rights. To be on someone else's land you must have permission regardless of whether it is open to the public or closed to the public. That permission can be by explicit consent or implied consent. Explicit consent is formal agreement via actual communications like a written or spoken statement. Implied consent is an acknowledgement sans some form of agreement, but your terms are still limited to the services of the establishment.

Until you can understand explicit and implied consent, which is referred to as "licensed" and "privileged" respectively under PA law, you absolutely have no understanding of how property rights work. The precedence for explicit(licensed) and implied(privileged) consents is nothing new. It stems from English Common Law dating back close to a couple thousand years, which itself stems from many of Rome's civil laws.

David Martin

3:02 pm on Sunday, August 12, 2012

I'm a bit confused. The mall rules appear to prohibit knives, yet they have an L.L. Bean store on the premises which sells knives. Are you not allowed to purchase the knives they have for sale?

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Jason Kramer

4:40 pm on Sunday, August 12, 2012

I love these shops and frequently visted several of the stores. I've never seen a sign posted on any of the doors of those shops regarding it being a "Gun Free Zone." But I guess that's a policy regardless. We all know how well these gun free zones pan out. Therefore, if their policy is no firearms, I won't be returning unless they change their policy or place armed security in each and every store to help protect the shoppers.

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Robert Preston

8:15 pm on Sunday, August 12, 2012

FYI - The person responding here as "Phil Kline" is an imposter.

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Bob Linney

10:22 pm on Sunday, August 12, 2012

My spirts are refreshed! The above "Comments" and "Replies" constitutes the most civil and informative discourse I have ever read in Patch. Congratulations to all of the writers, imposters included.

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BHirsh

3:59 pm on Monday, August 13, 2012

There is no provision in Pennsylvania's Uniform Firearms Act giving the force of law to private gun bans, other than trespass law, which requires several procedural hoops to be satisfied.

If the proprietor of any shop in this center, or the security of the center, attempts to confiscate a sidearm from a person with a valid gun permit, it is illegal. The most they can do is to ask the patron to leave the premises, and failing that, summon the police and issue a trespass warning in their presence. Only after that procedure can a trespass violation be enforced.

A word to those comparing property. While the gun may be property, this is not a property v. property argument, it is property v. self-defense rights. The right to life trumps property rights, EVERY TIME.

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Wildfire

9:02 am on Sunday, August 26, 2012

Hmmm, do I understand this correctly?
As I understand it, it is considered "reasonable" that the property owner's "Property Right", allows the Owner of the Property to say "No Guns Allowed!", and those who wish to shop there must give up their Civil/Human Right of self-defense in order to shop?
Wouldn't this mean, under tort law, that the Retail Center would then legal assume liability for the customer's safety (because the Retail Center replaced the customer's ability to protect themselves) should a customer be criminally assaulted coming into, while inside and upon exiting the Retail Center until they enter their vehicle?

"It is their *PROPERTY RIGHT*! If you don't like shopping where guns are forbidden that's just too bad!"

It is their property rights, and I understand that.
But the big question I have: Why can't the Retail Center also say: "No Blacks Allowed!"? It is still "their *PROPERTY RIGHT*!" isn't it?
Couldn't The Retail Center become the KKKmart if they wished?
"It is their *PROPERTY RIGHT*!" . . . isn't it?

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Robert Preston

12:14 pm on Sunday, August 26, 2012

Wildfire, The customer doesn't give up his right to self defense. Self defense isn't narrowly limited to the use/possession of guns, knives, or other weapons. The only time you do not have your right to self defense is when you have been sentenced to execution, at the time of execution.

About the liability issue - they aren't responsible to begin with for your safety from criminal acts, so that doesn't change. Their liabilities are held within the safety of their products and general stuff like slips, falls, etc. They aren't responsible for the criminal acts of another person.

About the "No Blacks Allowed" - federal anti-discrimination laws prevent that. The only things a business cannot discriminate on are the protected classes of people like: gender, race, national origin, creed, religion, disability, veteran status, and a couple other things.

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