Can you kick someone out of your commercial business for having a concealed weapon? Let's say you operate a restaurant and you notice that one of your customers has a concealed weapon like a gun and he has the right to do so in the states. Can you still kick him out of your restaurant because you deem it inappropriate to carry a gun in a restaurant? Assume it's in the United States.

  • There's an analysis at repository.law.umich.edu/cgi/…. The overall answer seems to be "yes" but there may be complicated requirements for when and how you can do so, and they vary widely between states. If I figure out how to distill the paper into an answer, I'll post one. Aug 3, 2021 at 2:38

1 Answer 1


Generally, "yes", but it isn't a constitutional or federal right. It is a right that flows from the right of the owner of real property to determine who is allowed on real property, and the fact that generally speaking, a concealed weapon carrier isn't a protected class that cannot be discriminated against.

Thus, while this is the default rule in the U.S. and the predominant rule in the U.S., a state has the authority to prohibit businesses that are otherwise "public accommodations" from discriminating against concealed weapon holders if a state wishes to do so. I wouldn't be surprised if there were some exceptions, either for all concealed weapon holders, or for some subclass of them (e.g. undercover police officers).

For example, a law review note, a.k.a. student written law review article, cited in the comments notes that some states require a business owner to post a sign prohibiting concealed carry in order to have the right to remove someone from the premises of their business for this reason.

  • 1
    If the business owner notices a “concealed weapon”, is it then still a concealed weapon?
    – gnasher729
    Aug 3, 2021 at 8:28
  • @gnasher729 Yes.
    – ohwilleke
    Aug 3, 2021 at 20:27

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.