Can You Open Carry in Walmart? A Deep Dive into Policy, Legality, and Practical Considerations

The short answer is: it depends. Whether you can open carry in Walmart is primarily governed by state and local laws, and Walmart’s corporate policy. These factors can and do change frequently so it is important to stay on top of the law and the corporate policies.

Understanding the Legal Landscape

The legality of open carry varies dramatically across the United States. Some states permit open carry without a permit, some require a permit, and others outright prohibit it. This patchwork of regulations is the first, and most important, layer to understand. Before even considering Walmart’s policy, you must know the open carry laws in the specific state and locality where you plan to shop. Ignoring this legal foundation can lead to serious legal consequences, regardless of Walmart’s stance. Check with your local law enforcement to be absolutely sure you are in compliance.

State vs. Local Ordinances

It’s crucial to differentiate between state laws and local ordinances. A state might generally allow open carry, but a specific city or county within that state could have stricter regulations or outright bans. These local ordinances often target specific areas, but they can also apply city-wide or county-wide. Research local gun laws in addition to state laws to ensure full compliance.

Preemption Laws: A Key Consideration

Many states have preemption laws that limit the ability of local governments to regulate firearms. These laws are designed to create uniform gun laws across the state. However, the scope of these laws can vary considerably. Some preemption laws may prevent localities from banning open carry, while others may permit certain local restrictions. This is an area where legal interpretation can be complex, and a legal professional can guide you best.

Walmart’s Corporate Policy on Firearms

Even if open carry is legal in your area, Walmart retains the right to set its own policies regarding firearms in its stores. In September 2019, Walmart announced that it was requesting customers not to openly carry firearms in its stores, even in states where it is legal.

Why the Change?

Walmart’s decision to request that customers not openly carry firearms was driven by a combination of factors, including:

• Safety Concerns: To reduce the risk of accidental shootings, violence, and theft in stores.
• Customer and Associate Comfort: To create a more welcoming and less intimidating environment for shoppers and employees.
• Public Perception: To address concerns about the potential for misuse of firearms and to project a responsible corporate image.

What Does “Request” Really Mean?

It’s important to note that Walmart’s policy is phrased as a request, not a ban. This distinction is crucial. While Walmart can ask customers not to openly carry, its ability to enforce this request might be limited by state and local laws. In states where open carry is legal, Walmart might not be able to legally prevent a customer from openly carrying a firearm, unless they are violating other store policies or engaging in threatening behavior.

The Role of Store Management

The enforcement of Walmart’s policy often falls to individual store managers. Some managers might be more proactive in addressing open carry, while others might be more hesitant, especially in states where it is legally protected. This can lead to inconsistent experiences across different Walmart locations.

Practical Considerations and Responsible Gun Ownership

Regardless of the legal or policy landscape, responsible gun ownership demands careful consideration of the context. Even if open carry is legal and permitted by Walmart, it’s essential to weigh the potential impact on others.

Avoiding Unnecessary Alarm

Openly carrying a firearm can cause alarm or discomfort to other shoppers, especially in a crowded environment like a Walmart store. It’s crucial to be aware of this potential impact and to act responsibly to minimize any anxiety or fear. Some tactics include maintaining a low profile, ensuring the firearm is securely holstered, and avoiding any behavior that could be perceived as threatening.

Situational Awareness

Maintaining a high level of situational awareness is vital for anyone openly carrying a firearm. This includes being aware of your surroundings, monitoring potential threats, and being prepared to respond appropriately if necessary.

De-escalation Techniques

Knowing how to de-escalate potentially tense situations is an essential skill for responsible gun owners. This includes remaining calm, avoiding confrontational language, and being willing to disengage if necessary.

FAQs about Open Carry in Walmart

1. Does Walmart’s policy apply to concealed carry?

Walmart’s policy primarily addresses open carry. Concealed carry, when permitted by law, is generally not affected by this policy, as the firearm is not visible. Always check with your local law enforcement to be absolutely sure that you comply with concealed carry laws.

2. What happens if I openly carry in Walmart against their request?

It depends. The store manager may ask you to leave. If you refuse, you could be charged with trespassing, depending on state and local laws.

3. Can Walmart employees ask to see my permit if I’m open carrying?

While Walmart employees can ask questions, they generally do not have the authority to demand to see your permit. However, law enforcement officers can ask to see your permit if required by state law.

4. Does Walmart’s policy vary by state?

No. While enforcement might differ based on local conditions, Walmart’s corporate policy is generally consistent across all its stores. However, the policy’s impact is heavily influenced by state and local laws.

5. Are there exceptions to Walmart’s policy for law enforcement or security personnel?

Yes, Walmart generally makes exceptions for on-duty law enforcement officers and authorized security personnel who are required to carry firearms as part of their job.

6. Where can I find the most up-to-date information on gun laws in my state?

Consult your state’s attorney general’s office, state police, or a qualified legal professional specializing in firearms law.

7. What is the difference between “open carry” and “constitutional carry”?

Open carry simply refers to carrying a firearm visibly. Constitutional carry (also known as permitless carry) refers to the ability to carry a firearm, openly or concealed, without a permit. The laws vary depending on the state.

8. Can I sue Walmart if I’m asked to leave for open carrying in a state where it’s legal?

The success of such a lawsuit would depend on the specific circumstances and state laws. Generally, businesses have the right to refuse service to anyone, as long as the refusal is not based on discriminatory reasons.

9. Does Walmart’s policy apply to other retailers?

No. Walmart’s policy is specific to Walmart stores. Other retailers may have their own policies regarding firearms. Always check with individual stores to understand their specific rules.

10. How does Walmart’s policy impact those with concealed carry permits?

Walmart’s policy is primarily focused on open carry. As long as your firearm remains concealed and you are in compliance with state and local concealed carry laws, the policy generally does not apply.

11. What should I do if I see someone open carrying in Walmart and feel uncomfortable?

You can inform a Walmart employee or manager about your concerns. They will assess the situation and take appropriate action, in accordance with store policy and local laws.

12. Is Walmart likely to change its firearm policy in the future?

Corporate policies are subject to change based on evolving circumstances, public opinion, and legal developments. Stay informed about any policy updates by checking Walmart’s official website or contacting their customer service.

Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with a qualified legal professional for advice tailored to your specific situation and jurisdiction.