|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
July 21, 2012, 01:19 PM | #1 |
Senior Member
Join Date: January 27, 2010
Location: Norfolk, VA
Posts: 2,905
|
Legal consequences of carrying in a business where it's not allowed?
I know that private businesses have the right to disallow firearms on their premises. But if I'm understanding correctly, that's often just a matter of company policy, and not always a matter of law.
If you're discovered carrying at a business that doesn't allow it, what are the consequences? I know that the management or their representative can ask you to leave, and if you refuse, at that point you're guilty of criminal trespass, but are there any other repercussions? I'm sure it varies from state to state - I do know that in Texas, if a business has posted a notice that correctly adheres to the wording/size/style described in Section 30.06 of the Texas Penal Code, then you're breaking the law as soon as you enter the business while carrying. |
July 21, 2012, 02:09 PM | #2 |
Senior Member
Join Date: May 8, 2000
Location: SLC,Utah
Posts: 2,704
|
In Utah there are no legal consequences for violating a company policy, including signage. If asked to leave and you refuse, the trespassing statute is such that you may not necessarily be in violation of it--it depends on the circumstances.
|
July 21, 2012, 03:07 PM | #3 |
Senior Member
Join Date: May 29, 2007
Location: St. Louis, MO area
Posts: 4,040
|
In MO, the way the law is written, the assumption is that they will ask you to leave, and if you refuse and a police officer is called you can be in violation of laws against trespassing.
IMO, that's a big assumption... depending on the business in question it just might result in a straight up "person with a gun" call to the cops, and rather than being asked to leave you might well end up getting proned out by the police (all they can go on is what was called in, and if the person making the call is a frightful hand wringer, well, we know those don't always go well). I'd expect at a place where the posting is a matter of overall policy (like a larger business where it's required from the HQ) they'll just ask you to leave. At a small shop where it's an honest reflection of the owner's own beliefs, it may go straight to a call to the police. As always, know the laws in the state where you are. |
July 21, 2012, 03:59 PM | #4 |
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
|
It depends on the State. Under the laws of a few States, simply carrying a gun onto premises properly posted is itself a crime. In most States, it only becomes criminal trespass if you are asked to leave and don't.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
July 21, 2012, 04:44 PM | #5 |
Staff In Memoriam
Join Date: October 31, 2007
Location: Western Florida panhandle
Posts: 11,069
|
In Fla. I guess they could charge you with "armed trespass" which is a felony and not conducive to future legal gun ownership or carry...
This is the number one reason we do not even have agun in our trucks during a hog hunt using the dogs... Brent |
July 21, 2012, 08:18 PM | #6 |
Senior Member
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
|
In Kentucky, it becomes a misdemeanor trespass. As Frank mentioned, that's going to be different from state to state.
|
July 21, 2012, 10:01 PM | #7 | |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,468
|
Quote:
To expand slightly on what Frank Ettin wrote ... even among those states where signage may carry the force of law, what constitutes "proper" signage varies. Texas has already been mentioned. The "thirty-ought-six" sign has VERY explicit requirements spelled out in statute -- the wording, the typeface, and the type size must conform to the statute or the sign does NOT carry the force of law even if plainly visible. Other states are not as strict about what the sign must say or what it has to look like. |
|
July 22, 2012, 12:25 AM | #8 |
Junior member
Join Date: January 26, 2012
Posts: 1,066
|
$500 fine possible in Wisconsin.
In our one shooting of a bad guy (armed robber in a store) since our CCW must-issue law was passed, even though the store had a sign, the prosecutor (in anti-gun Milwaukee) declined to press charges for the otherwise legal CCW action for ignoring the sign. Not really a serious deterrent. Willie . |
July 25, 2012, 06:29 PM | #9 |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 28,846
|
While a relatively minor charge, trespass is a charge, and could result in revocation of your CCW permit, in some localities.
In many places, any criminal charge (or even misdemeanor) could result in revocation of your permit. Never heard of a case where this was done for a simple traffic infraction like speeding, but I do know it has been done for more serious offenses, such as DUI. Remember that while owning a gun is our right, carrying one concealed (in most of the US) is a priveledge, and one that can be revoked for virtually any reason. Many places the license to carry a handgun concealed (and in some places simply the license to posess) is dependent on the issuing authority's belief that you are a person of good character. Getting charged with tresspass, or anything else, for that matter, tends to indicate that you are not a person of good character, and some issuing agencies take that very seriously, indeed! Any offense, even including those not involving firearms, or just charges brought (and later dropped) can, in some jurisdictions result in the revocation of your permit. While store owner's "no guns" signs may not have the force of law behind them, its generally a pretty stupid thing to do to argue the point.
__________________
All else being equal (and it almost never is) bigger bullets tend to work better. |
July 25, 2012, 06:47 PM | #10 |
Senior Member
Join Date: June 16, 2011
Location: Ohio
Posts: 1,497
|
I'm a little foggy on the penalty in Ohio, but any sign (including writing on a napkin) forbidding the carry of concealed firearms carries the force of law.
You must, however, knowingly do so and the signage must be posted conspicuously Lots of grey there, there are plenty of people that I know of who take great interest in looking at their shoes while going through doors...not the greatest idea IMO, but it is what it is Ultimately even if a business is not posted, you can be asked to leave, refusal to do so is criminal trespass. If posted and you do it anyways, I believe it is still a misdemeanor with the option to have your CHL suspended
__________________
"The best diplomat I know is a fully charged phaser bank" - Montgomery Scott |
July 25, 2012, 07:09 PM | #11 | |
Senior Member
Join Date: February 16, 2006
Location: IOWA
Posts: 8,783
|
Some signs are hard to read
Quote:
I will not speak for our state but instead, what our county sherrif stated at a town hall meeting. He said that you will be asked to leave and if you refuse to do so, you can be charged with trespassing and it's $200.00 fine. Your CCW permit will not be revoked. ..... Be Safe !!!
__________________
'Fundamental truths' are easy to recognize because they are verified daily through simple observation and thus, require no testing. |
|
July 26, 2012, 03:12 AM | #12 |
Senior Member
Join Date: November 28, 2004
Location: Silicon Valley, Ca
Posts: 7,117
|
Stressfire,
Look up in your state's penal code the definition of knowingly. It may be different than what most lay persons believe. For example, here in CaLa-la-la-land, the law says it's illegal to knowingly assault a police officer. But that does not mean you knew he was an officer before you assaulted him. It means you knew that you committed assault on the person and that person is, in fact a police officer (regardless of whether it was obvious or not).
__________________
BillCA in CA (Unfortunately) |
July 26, 2012, 06:47 AM | #13 | |
Staff In Memoriam
Join Date: October 31, 2007
Location: Western Florida panhandle
Posts: 11,069
|
pahoo, See 2(c)
Quote:
|
|
July 26, 2012, 07:13 AM | #14 | ||
Senior Member
Join Date: December 17, 2005
Location: Swamp dweller
Posts: 6,187
|
Quote:
Quote:
__________________
NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate As you are, I once was, As I am, You will be. |
||
July 26, 2012, 10:55 AM | #15 | |||
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
|
Quote:
Let's have another look at the fist paragraph of the statute as quoted by hogdogs in post 13, but with some emphasis added: Thus there are two ways one may trespass:
I don't know if a Florida court has already answered that question, and I'm not planning to do the research.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
|||
July 26, 2012, 11:33 AM | #16 |
Staff In Memoriam
Join Date: October 31, 2007
Location: Western Florida panhandle
Posts: 11,069
|
I think florida "posted" laws may help answer this... For the most part, florida looks at land trespassing and signage... I think they look at it on a "may and shall" distinction. If land is not posted, they "may" make contact for suspected trespassing... If the land is posted they "shall" make contact....
So if frank is questioning the power of signage posted such as an owner's own "No Guns" signage to "uninvite" folks who may try to bring a gun into it... It wouldn't surprise me to find that the owner don't even have to ask you leave before springing the police into action... Brent |
July 26, 2012, 01:18 PM | #17 | |
Senior Member
Join Date: June 20, 2007
Location: Rainbow City, Alabama
Posts: 7,167
|
Quote:
|
|
July 26, 2012, 11:58 PM | #18 |
Senior Member
Join Date: March 24, 2011
Posts: 730
|
I think in all states, there is a distinction between those places that are open to the general public Grocery store, hotel, bank... those place that are semi-private (buyers club,, ie Sams's or Costco, the local moose lodge) and those that are truly private (your home)
Then there is federal law (ADA for starts) |
July 27, 2012, 02:10 PM | #19 | |
Senior Member
Join Date: December 17, 2005
Location: Swamp dweller
Posts: 6,187
|
Quote:
__________________
NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate As you are, I once was, As I am, You will be. |
|
July 27, 2012, 02:15 PM | #20 | |
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
|
Quote:
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
|
July 27, 2012, 08:52 PM | #21 |
Senior Member
Join Date: October 14, 2009
Location: Sunshine and Keystone States
Posts: 4,461
|
No doubt Don P will document exactly what was asked and answered. I am very interested in the response from Mr. Gutmacher.
|
July 30, 2012, 12:58 PM | #22 | |||
Senior Member
Join Date: December 17, 2005
Location: Swamp dweller
Posts: 6,187
|
Well here is the response I received from Mr. Jon Gutmacher PA., I'll remove part of my email address only. His answer is at the top of the quote just as I received it
Quote:
Quote:
Quote:
__________________
NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate As you are, I once was, As I am, You will be. Last edited by Don P; July 30, 2012 at 01:05 PM. |
|||
July 30, 2012, 01:36 PM | #23 |
Senior Member
Join Date: June 19, 2012
Location: East Texas
Posts: 407
|
I am not overly concerned with these laws.
If someone doesn't want me on their property (armed or not) I don't go on their property. Or leave when I figure it out or am asked too. It's rude to do otherwise. My doctor has a sign on his office that makes it clear he doesn't want me in there with a weapon. It does not comply with the Texas Penal Code provision that the OP cites. But I would never go in there with a gun. Funny thing is that he has a revolver in his desk drawer. Go figure! |
July 30, 2012, 02:16 PM | #24 | |
Senior Member
Join Date: February 16, 2006
Location: IOWA
Posts: 8,783
|
Too many signs !!!
Quote:
I have ADHD and unable to read most signs. The only ones I try to remember, are the store's operating hours. .... Be Safe !!!
__________________
'Fundamental truths' are easy to recognize because they are verified daily through simple observation and thus, require no testing. |
|
July 31, 2012, 09:24 AM | #25 |
Senior Member
Join Date: June 19, 2012
Location: East Texas
Posts: 407
|
@Pahoo,
I am not overly concerned with these laws because I am looking for an indication that I am not welcome. If I don't think I'm welcome, I'm not going in. It doesn't matter whether the indication complies to the law or not. I am not trying to inflict myself on anyone - whether it is my right to do so or not. Hope that clarifies my statement. |
|
|