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Thread: What is the penalty?
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August 19th, 2011, 10:20 PM #1
What is the penalty?
What is the penalty for carrying on "posted" property? Family wants to go somewhere that is posted. What would happen if I carried there and got caught?
Current City:Ashtabula County, Windsor, OH http://www.youtube.com/tglassburner
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August 19th, 2011, 10:24 PM #2
Re: What is the penalty?
what do you mean by posted? warning/posted signs hold no legal wieght in pa. someone who has managerial power over the property must inform you in person not to carry on their property. after that you may be arrested. ianal
edit to add. I see you are not in Pa, so you should check with you states laws.Last edited by o1dakota440; August 19th, 2011 at 10:26 PM.
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August 19th, 2011, 10:27 PM #3
Re: What is the penalty?
An amusement park that has a no weapons sign is what I mean by posted.
ETA: The amusement park is in PA not OH.Current City:Ashtabula County, Windsor, OH http://www.youtube.com/tglassburner
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August 19th, 2011, 10:32 PM #4
Re: What is the penalty?
The "signs hold no legal weight in PA" argument isn't backed by any case law I've ever seen.
From my reading of PA's statute on defiant trespass it could very well constitute trespassing, and you could be charged with it.
The solution, don't trespass & don't patronize businesses that disarm you and not the criminals.
I am not a lawyer.
Emphasis added:
18 Pa.C.S.A. § 3503
(b) Defiant trespasser.--
(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(i) actual communication to the actor;
(ii) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
(iii) fencing or other enclosure manifestly designed to exclude intruders;
(iv) notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
(v) an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
(2) Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.
Last edited by IronSight; August 19th, 2011 at 10:33 PM. Reason: added hyperlink
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August 19th, 2011, 10:42 PM #5
Re: What is the penalty?
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August 19th, 2011, 10:53 PM #6
Re: What is the penalty?
I agree with the signs should not be ignored camp.
To op you have admitted in this thread that you know the place in question does not allow guns. I know the chances of it being connected to you, if you get caught and face charges, are slim but there is still a chance.Some people just plain suck.
If you're gonna be dumb ya gotta be tough.
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August 19th, 2011, 11:20 PM #7
Re: What is the penalty?
Current City:Ashtabula County, Windsor, OH http://www.youtube.com/tglassburner
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August 19th, 2011, 11:29 PM #8
Re: What is the penalty?
It's all about balancing perceived and actual risks.
Odds are, you could go to the place 1,000 times and never have to use a gun.
Odds are, you could carry a gun every time, without being discovered AND prosecuted for trespass.
There's a small chance that you'd need a gun. And a small chance that having it and being discovered while reaching for your wallet (a common occurrence at these places) would cause substantial problems.
I wouldn't OC in such a place, it massively raises the odds that you will at least be ejected. I might take a "business risk" and knowingly violate a policy by CC'ing, because that better suits my personal needs. But I'd be doing so knowing that I'm stepping on the private property rights of the owner, and that there's some actual risk of criminal prosecution.
But these are exactly the sorts of places that violent predators choose, places where the victims are helpfully disarmed by the premises manager, without any beefed-up security.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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August 20th, 2011, 12:08 AM #9
Re: What is the penalty?
ok, so disregard my first post. i was under the impression that you must be notified in person. i got that info from another thread on this site. and had an issue with the PSP on my own property that ended in me having to inform someone in person that they were not allowed on my property, even though i had posted signs every 6 feet on a fence that enclosed the entire property. so my bad, and thanks for the correction.
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August 20th, 2011, 08:45 AM #10Super Member
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Re: What is the penalty?
As a property owner who posts his land due to abuses prior to posting, why would you purposely trespass when the landowners intentions are obvious? Carrying in that situation is even more offensive. I presume someone carrying on my property out of hunting season is up to no good and I will sic the law on them.
Why not just seek out the land owner and ask for permission? This type of activity is why people post their land and then aggressively enforce.
I have never denied anyone asking permission to cross my land with the exception of opening day of deer season. Even then I allowed them on a section away from where my family hunts.
As good citizen gun owners we should discourage unauthorized entry to posted land.
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