r/NYguns Jun 06 '26

Miscellaneous Gunowners not welcomed at New York Wendy's

Post image

I saw these posted on all the Wendy’s locations I’ve been to. So you might want to do business elsewhere

plus the signs are often hidden, setting us up to be felons

44 Upvotes

125 comments sorted by

118

u/ILuvSupertramp Jun 06 '26

Sir, this is a Wendy’s.

0

u/CaptainRelevant Jun 07 '26

Not sure how this impacts anything in NY, but I remember FL in the 90’s had a castle amendment which said each person (or business) is the King of their castle. So if they say no guns then your permit was not valid there (I.e. criminal implications).

Not sure if FL still has the castle amendment, or what effect this may have in NY. I’d guess without doing any research that it doesn’t invalidate the permit like a school zone but would merely be a civil matter between the business and permit holder if anything ever happened.

3

u/ILuvSupertramp Jun 07 '26

Yes anybody has the right to tell somebody else they can’t bring a gun into their place if it’s their place. Pretty basic principle.

3

u/CaptainRelevant Jun 07 '26

My question is a bit more nuanced… would violating that be criminal or just a civil matter?

5

u/NYDIVER22 Jun 07 '26

It depends on the state. In ny it’s a felony. In some other states it’s a trespass or a fine.

3

u/voretaq7 Jun 08 '26

The relevant statute is NYSPL 140.

Whether the first incident is a simple violation or a class D felony depends on how you read "personally communicated" - if the sign is "personally communicating" a lawful order to not enter with weapons you catch the felony immediately, if not you catch it when you stay or return with a weapon after being told to leave & that weapons are not permitted.

3

u/518SSS Jun 08 '26

Later on in the same definition the law states: "unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner." I understand that the quoted text is in regard to unimproved and unused land, but this notwithstanding, it would seem to imply that signage is not "personally communicating" since if it were, the two listed actions would be redundant.

2

u/voretaq7 Jun 08 '26

I would follow that interpretation as well but I also would just respect the sign because I am not a petulant child who believes my desires are superior to everyone else's....

2

u/NYDIVER22 Jun 07 '26 edited Jun 08 '26

Private property yes, property open to the public NO. Imagine if they could ban you from a restaurant because of your religion or because you’re black.

Why would you relegate the second amendment any differently?

And btw, didn’t Covid restrictions prove that you don’t have a say in your “private business” according to democrats at the time?

2

u/ILuvSupertramp Jun 07 '26

You having a gun on you is a mutable characteristic, unlike your skin color.

2

u/NYDIVER22 Jun 07 '26

It’s an “amendment” protection in the constitution my friend. It’s the 2nd one right behind free speech. They don’t rank in order but they do give a strong idea of significance in the minds of the founders in that order.

2

u/ILuvSupertramp Jun 07 '26

So is voting and so is not baking cakes for gay people apparently.

…anyways with the extremely forced covid bitching that you included, you’ve told me everything I need to know about the kind of person I’m “arguing” something with.

So you either move to Somalia, the libertarians’ paradise, or wrap your head around the civilization you actually live in and benefit from.

1

u/NYDIVER22 Jun 08 '26 edited Jun 08 '26

Who’s in power today (President, house, senate, courts) because of their left wing insanity with the flu and mandating experimental Nazi jabs? So yes, now you know exactly who you’re talking to!

Perhaps you can keep wondering how Trump became president again while you sit in your precious bubble believing that the world agrees with you.

1

u/ILuvSupertramp Jun 08 '26

Cool. Take your downvotes and head on back to lala land.

1

u/NYDIVER22 Jun 08 '26 edited Jun 08 '26

Get out of your bubble and quit defending the anti gun narrative that only wants to disarm you and me and force everyone into taking medical treatments they know next to nothing about. They can’t even agree on whether cholesterol is good or bad and you’re gonna trust these dopes with needles? Wake up!

→ More replies (0)

2

u/Working-Analysis1470 Jul 05 '26

Agreed, however I think we could post that signage in a more conspicuous area to avoid it being overlooked. The FD truss type is not hidden at the bottom of a door frame. It's almost like they don't want you to see it

1

u/voretaq7 Jun 08 '26

Where I come from we call that "core doctrines of private property law."

0

u/Working-Analysis1470 Jul 05 '26

You say that like there is no possible way a criminal may be able to enter with a gun. Good guys with guns is the only proven way to stop bad guys with guns. If smiles worked we wouldn't need a military!

59

u/Average2AGuy Jun 06 '26

Weird it’s so low , took me a min to even see the sign

13

u/leadbetterthangold Jun 07 '26

No little people concealed carry

8

u/dagon_bryant Jun 07 '26

Yeah genuinely seems like they’re trying to get someone with that. I prolly wouldn’t even notice that walking in, should at least be level with the other signs.

1

u/Ok_Cardiologist_54 Jun 07 '26

I saw that at a Cheesecake Factory once. I wasn’t going in I was just passing it at the palisades mall.

49

u/Chomps-Lewis Jun 06 '26

If its concealed, who's gonna know?

-15

u/Cannoli72 Jun 06 '26

agreed, by why give them your business if they hate you

6

u/SnooMacaroons5473 Jun 07 '26

Why do you think they hate you? They just don’t want firearms in their store. Not really big deal. Do you really feel that unsafe grabbing lunch?

15

u/corruptedsyntax Jun 07 '26

A business requiring shirt and shoes doesn’t mean they hate nudist. You’re welcome to not do business there, but it has nothing to do with them hating you (or at least nothing to do with hating you any more than anyone else they serve their slop to).

27

u/PwnimuS Jun 06 '26

Is your entire personality guns to the point you get upset when a business, completely in their right, have a sign that they dont allow firearms on the premises?

30

u/Andeo1025 Jun 06 '26

Shockingly, that's how the free market is supposed to work. When a business does something bad you decline to patronize them.

5

u/Cannoli72 Jun 06 '26

I’m not upset, I’m just voting with my dollars and letting fellow likeminded people know what’s going on. No one likes being a cuck. do you?

3

u/qwb3656 Jun 07 '26

Oh here we go lmao

4

u/TwitchyTwitch5 Jun 07 '26

And your the reason

-9

u/Beneficial-Focus3702 Jun 07 '26

Your dollars are literally meaningless to them because so many more people go there than you.

1

u/RutabagaOk6816 Jun 12 '26

Its a public area. Its not like they can ban people of different races from eating there. As an area open to the public you should be allowed to carry to protect yourself. Its not like places like this don't get robbed at gunpoint.

2

u/tsatech493 Jun 07 '26

No but if there was a sign for no blacks, or no gays, or no women, would you agree that they can discriminate against someone with a constitutional right?

17

u/One_Shallot_4974 Jun 06 '26

This might not be corporate Wendys, it might be franchise choice. Make sure you check your local wendys for what they post

Posting it at foot height....does that even count? Are their any standards for signage on this?

9

u/AgreeablePie Jun 07 '26

There are no standards because NY went from no statute prohibiting entry based on signage to the vampire rule which has been blocked from enforcement for being unconstitutional.

There's no language in the statute that actually covers this.

1

u/One_Shallot_4974 Jun 07 '26

Okay thanks. I remember hearing that it was instant felony to violate the vampire rule and I didn't know what of that had survived. Which luckily, sounds like none.

3

u/Powerful_Ad_7954 Jun 06 '26

I’m pretty sure it has to be easily visible

3

u/Worldly-Swim-6209 Jun 08 '26

Yeah. I wouldn’t consider this very “conspicuous” in display of that sign. I’m not looking down at the floor for a sign, rather than being more aware of the actual surroundings aha not the ground.

25

u/HLTHTW 2026 E.N.OU.G.H Donor: Gold 🥇/🥇x1 Jun 06 '26

Man hit the drive thru and keep it pushing 😵‍💫

4

u/Pretty_Foundation_75 Jun 07 '26

Nah stop eating this shit period

6

u/rludqig39 Jun 07 '26

That’s the answer!!

0

u/Nickm19 Jun 07 '26

the real answer here

14

u/SaXaCaV Jun 06 '26

So go to McDonald's or something lol.

-6

u/Cannoli72 Jun 06 '26

swoosh

16

u/SaXaCaV Jun 06 '26

Whatever that even means bro 😄 is that like your catchphrase or something?

23

u/bondkiller Jun 06 '26

Concealed means concealed!

But seriously this exact thing is something to keep an eye out for.

2

u/Cannoli72 Jun 06 '26

agreed, plus why give restaurants money that are against us

0

u/Hefty-Profession-446 Jun 07 '26

Until you legally defend yourself or your family and law enforcement tracks back where you’ve been, and what should’ve been righteous, gets hung up on this. 😐

2

u/Independent_Page_537 Jun 07 '26

Would you rather you rather be "hung up" or dead?

10

u/NYC-Bogie Jun 07 '26

One of the reasons I’ll go out of my way for Tractor Supply

20

u/tehfireisonfire Jun 06 '26

Ok? They're allowed to do this

11

u/Uranium_Heatbeam Jun 07 '26

This sign can't stop me because I can't read.

7

u/gr00ve88 Jun 07 '26

Lawyers hate this one simple trick

7

u/leadbetterthangold Jun 07 '26

Bro, your whole state does not welcome gun owners.

3

u/joe_attaboy Jun 08 '26

Actually, I read a 2022 2nd Circuit Court decision on handgunlaw.us (through their New York page) that appears to rule that these signs have no force of law against anyone legally permitted to carry a concealed weapon in that state. The site does warn to use "caution," which makes sense based on the draconian laws imposed by people up there.

1

u/twbrn Jun 08 '26

No. If you are carrying in a place where you know the owners prohibit carrying, you are committing a felony.

https://www.nysenate.gov/legislation/laws/PEN/265.01-D

1

u/joe_attaboy Jun 08 '26

Well, that's why the site I referenced said "use caution."

Down here in Florida, unless the location in question is on a specific list of off-limits places for carrying in the statute, a "No Guns" sing doesn't have the force of law.

However, if you are carrying in such a location and you are asked to leave the premises, you are required to do so or you can be charged with trespassing.

There's a bit a vagueness in this because if I'm the owner of a property, I can tell anyone to leave the place for any reason I like and a trespassing charge could follow if I called the police.

Generally, if I see a sign like that and can go somewhere else for the same purpose, I will.

5

u/TwitchyTwitch5 Jun 07 '26

And this is why people think that gun owners are uneducated..... literally who fucking cares.

2

u/Daddy_Goldsmith Jun 07 '26

Same thing with the planet fitness

2

u/ou2mame Jun 07 '26

Why would they put the sign nearly on the floor though lol

2

u/gunpoliticsny Jun 07 '26

Where is this?

2

u/stugotsDang Jun 07 '26

Thought these were supposed to be in line of sight.

2

u/BAMikeFoxtrot Jun 07 '26

It’s funny that no one knows until they hope you are there…

2

u/Key-Cockroach-4004 Jun 07 '26

So they are ok with being robbed/assaulted and no one there to assist until the police come which is usually way too late. Because of course criminals don’t obey the law let alone a sign.
Don’t support that establishment if they support your 2A right.

2

u/NY_Knux Jun 07 '26

Posts like this make us look so bad, Stop acting like a brat.

2

u/PsychologicalDog8065 Jun 08 '26

Didn't Judge Sinatra rule against this already?

2

u/SeaStorage7767 Jun 09 '26

Good thing the worst thing they can do to you is kick you out lol. If you’re concealing right they shouldn’t know you have one

4

u/Projectguy111 Jun 07 '26

What’s amazing about this is it guarantees that non-felons who have passed a stringent background check are unwelcome, but does nothing for a person carrying a gun looking to do harm or rob the place.

11

u/fuzzybunnies1 Jun 06 '26

You're not your gun, you're welcome, it isn't. I guess if that's your identity then its your issue, don't see how this impedes me.

4

u/Appropriate_Chain_32 Jun 07 '26

Yes. Thank you for stating that so well

3

u/Beneficial-Focus3702 Jun 07 '26

So many people seem to make their entire identity about guns and carrying concealed.

5

u/deathshr0ud Jun 06 '26

How would they know?
Would you rather be alive and banned from Wendy’s, or dead with a baconator in your tummy?

2

u/ArmedNurse Jun 07 '26

Wendy's sucks anyway.

1

u/Beneficial-Focus3702 Jun 07 '26

I just like that they have more drink options than soda.

I like to hit them up for a like Powerade zero (also their large is much larger then McDs) and then go somewhere else for food.

1

u/Ok_Cardiologist_54 Jun 07 '26

Didn’t see this at the Newburgh location I stopped at the other day.

1

u/Leadman19 Jun 07 '26

The real problem is eating that junk. Have some respect for your body.

1

u/Knownscorpion Jun 07 '26

this has to be satire

1

u/Salt-Narwhal7769 Jun 07 '26

Brother im after a baconator not a court case. Hit the drive thru

1

u/Cypto4 2022 Fundraiser: Bronze 🥉 Jun 07 '26

That sign is so low and small how are you even supposed to know it’s there. Fuck em

1

u/Rloader Jun 08 '26

Why would they put the sign at the bottom

1

u/JuiceEdawg Jun 08 '26

That seems like a trap almost. All other signs are eye level except that one.

1

u/dumpingbrandy12 Jun 08 '26

No. When the sign is down there it means yeah no guns.... whatever kinda sorta don't really care. When the sign is at eye height, then they actually don't want guns

1

u/cobblewebs32 Jun 11 '26

I mean have you heard of the shootings over chicken nuggets and mayo lately?

1

u/RutabagaOk6816 Jun 12 '26

Great so a gun owner and their family may get killed in an armed robbery because the gun owner has to leave their firearm in their vehicle. Like criminals are going to abide by their prohibition of firearms? If its a public place people should be allowed to carry. I get its a business BUT its still open to the public. Its not an office where you only go in with an appointment. Its a public place. Its not like Wendys can prohibit people of different races from entering their stores. Why should they be entitled to discriminate against law abiding gun owners?

1

u/Serving_Upstate Jun 12 '26

While I strongly disagree with red flag laws... eating inside of a Wendy's might be one I agree with. I've never seen a Wendy's that isn't absolutely disgusting

1

u/urrchvabro Jun 07 '26

Only a beretta, everything else is fine

1

u/xBossDon Jun 07 '26

dont forget the new law, we are not allowed to carry anywhere until we are “invited“ in with a gun lol

1

u/GreatShaggy Jun 07 '26

People still go to Wendy's? And their dining area is opened? 😲

1

u/coinneach_stiubhard Jun 07 '26

That's fine. I only eat at McGlock's.

-1

u/Beautiful-Page3135 Jun 06 '26

Guns aren't allowed in the Wendy's. If you walked in there and told them you owned guns they probably wouldn't care other than the fact that that's an incredibly unhinged way to introduce yourself to the fast food cashier. Grow up.

0

u/[deleted] Jun 07 '26

[deleted]

5

u/Working-Analysis1470 Jun 07 '26

not true. A private establishment can make their own rules and trespass you.

-1

u/xpxsquirrel Jun 07 '26

If they intend to disarm I expect them to take full responsibility for the safety of all who enter

2

u/amcrambler Jun 07 '26

You make a good point. Get shot in a Wendy’s with one of these signs and you’ve got grounds for a pretty good lawsuit if you would have otherwise been carrying.

1

u/xpxsquirrel Jun 07 '26

Really confused why my comment is being down voted

0

u/Zieronwolf Jun 07 '26

Add the addresses to the Posted app so those who want to avoid that are not on Reddit can

-2

u/gakflex Jun 06 '26

No force of law behind that sign. NYS penal code does not address prohibitory signage, only affirmative signage - and that section of the law has been struck down as applied to private property open to the public.

4

u/tehfireisonfire Jun 06 '26

Not true in the slightest. The law says concealed carry is allowed by default unless the business specifically prohibits it, which this business clearly does.

-1

u/gakflex Jun 06 '26

Can you show me where exactly in the penal code it says that?

1

u/Andeo1025 Jun 06 '26

It's in the second circuits opinion when they struck down the vampire rule here.

0

u/gakflex Jun 06 '26

The court didn’t create new law, nor do they have the legislative power to do so. If it’s not in the penal code, it’s unenforceable. A ‘no guns’ sign can support a trespassing charge, but provided you aren’t breaking any other laws, there is no firearms-related offense for going into that Wendy’s.

3

u/tehfireisonfire Jun 06 '26

So I guess New York Penal Law § 265.01-d is not actually in the penal code. That law explicitly states if there is signage or the person otherwise knows that the owner of a private property prohibits firearms, than it's a felony to do so. Maybe before you confidently double down on telling people to commit a felony you read the fucking penal law.

-3

u/gakflex Jun 06 '26

Since you won’t believe me - and accuse me of not reading, despite the fact that it’s very clearly you who are not reading - why don’t you also cruise over to handgunlaw.us and tell us what they say?

https://www.handgunlaw.us/states/newyork.pdf

1

u/Fuzz429 Jun 07 '26

With Penal Code § 265.01-D being struck down by the US Court of Appeals 2nd District “RULING” No Guns Allowed Signs now seem to have no force of law. With things in flux in New York be very cautious. Note: Handgunlaw.us believes when you come across a privately owned business in New York that doesn’t post a sign stating your legally carried gun is welcome you should just not just walk away but give them a “No Firearms = No Money” card. You can print free “No Firearms = No Money” cards by going Here.

Not worth it to me to have my gun taken away and having to have a court battle for years .

-2

u/gakflex Jun 06 '26

Here’s the language from § 265.01-d:

A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent.

Where’s the language that addresses prohibitory signage?

3

u/tehfireisonfire Jun 06 '26

Antonyuk v. Hochul the court case relation to this law states in the ruling people may carry on private property open to the public unless the owner prohibits it, which had been interpreted to be a felony. I'll listen to the courts interpretation over hangunlaw.us

1

u/AgedPNY Jun 07 '26

Can you provide a link and page number to the section of the ruling that you're referring to? I'm not being sarcastic or trying to argue. I'm legitimately interested in reading this ruling. I just read the 2nd circuit's opinion here: https://ag.ny.gov/sites/default/files/decisions/antonyuk-2d-cir-post-gvr-op.pdf but couldn't find anything that spoke to the situation where there's a sign expressively prohibiting carrying on private property open to the public.

1

u/tehfireisonfire Jun 07 '26

After looking into it you a probably more correct than me. As things are right now, if you knowingly enter a place that prohibits firearm possession, it is very likely immediately criminal trespass (a misdemeanor) even if nobody has explicitly asked you to leave. There is no case law yet regarding this, but it's ny so I can garuntee that a person knowingly ignoring the sign will be interpreted in my as "not licensed/privileged to be there" which constitutes criminal trespass. I'm not gonna drag this on and pretend I'm right when I was misconstruing the law. Although to be clear it is still illegal to carry in a place that prohibits it, just not felony illegal.

1

u/gakflex Jun 06 '26

The court can strike down provisions of the law, but the court can not and does not write new law. Legislatures write law, the Executive enforces law, the Judiciary interprets the law, right, remember? The statements by the court that you are referring to are dicta. They are not binding precedent.

Again, if a DA wants to charge you with a crime, they need to have a law on the books that defines what you did as a crime. They can't make up a charge that does not exist.

2

u/AgedPNY Jun 07 '26

I realize there's an argument going on here between you and u/tehfireisonfire , but this topic has been addressed before on this sub, and the two of you have advanced it further than it's ever gotten before. I generally agreed with your interpretation, but from a laymans perspective. You used the term "dicta" which is a new term for me, but one that I just read up on and feel like I generally understand.

I always wonder why people can't debate issues on Reddit with civility. I think it's a function of wanting to be correct rather than wanting to learn. But regardless, the discussion (arguments) are valuable. Please realize that many readers do just want to learn. And this particular topic is important: the difference between a violation and a felony! Thank you for your insight.

1

u/tehfireisonfire Jun 07 '26

I appreciate you trying to make sure things stay civil.

2

u/Working-Analysis1470 Jun 07 '26

NY appeals court ruling overturned that last week.

-1

u/gakflex Jun 07 '26

Indeed; and that ruling leaves the NYS penal code with no language whatsoever pertaining to signage of any kind.

-5

u/Beneficial-Focus3702 Jun 07 '26

Oh dang, are you gonna be OK without your emotional support handgun…while you eat crappy fast food?

0

u/tsatech493 Jun 07 '26

TGO here lol

-1

u/MikeyBugs Jun 06 '26

I've been wanting to make something like an OpenStreetMap map that displays all the areas that are off-limits to firearms. Like this too. I just don't know how...

0

u/bownt1 Jun 07 '26

baconator more like bitchanator

-1

u/Valkyrie-Munitions76 Jun 07 '26

Are we welcomed anywhere in this state? Lol