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Thread: Can I still legally carry
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January 17th, 2011, 10:36 AM #1Junior Member
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strasburg,
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Can I still legally carry
If my place of employment has a no gun on property policy, and I have a concealed permit can I still legally carry on their property??? Or do I let the robbers come in and shoot everyone and then apoligize that iwas unprepared to defend them and myself?????
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January 17th, 2011, 10:43 AM #2
Re: Can I still legally carry
There is no such thing as a concealed carry permit in PA. That said, assuming you have a license to carry firearms (LTCF), then no, you cannot carry on the premises since he has a policy against it.
http://forum.pafoa.org/concealed-ope...nsylvania.htmlLife has a melody. Not great, not terrible.
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January 17th, 2011, 10:44 AM #3
Re: Can I still legally carry
Your employer does not make law, your employer makes policy. Any policy made by your employer is not enforceable by power of law. There is the issue of defiant trespass, but that is an aside.
Your employer can terminate your employment for breaking policy. Consider that when making your decisions. The term "illegal" is used when in reference to what is law, as stated before your employer does not make law.Join the groups protecting your rights from the fools trying to take them from you!
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January 17th, 2011, 10:49 AM #4Junior Member
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Re: Can I still legally carry
If it is a private employer why can't you carry?? It is not breaking the law to my knowledge. Is there a law against this??
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January 17th, 2011, 10:52 AM #5
Re: Can I still legally carry
Life has a melody. Not great, not terrible.
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January 17th, 2011, 11:05 AM #6
Re: Can I still legally carry
With most jobs, when hired, you have to sign a sheet stating that you agree to, and will comply with, the rules. Failure to do so will result in your termination upon discovery.
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January 17th, 2011, 12:32 PM #7
Re: Can I still legally carry
Last edited by Curmudgeon; January 17th, 2011 at 12:35 PM.
While many claim to support the right, precious few support the practice.
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January 17th, 2011, 12:38 PM #8
Re: Can I still legally carry
Go Go gadget HB2049
"I would rather have my freedom and face the danger."
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January 17th, 2011, 01:01 PM #9Grand Member
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January 17th, 2011, 01:03 PM #10
Re: Can I still legally carry
The law that you would be breaking would be Title 18, Chapter 35, Subsection 3503(b) - Defiant Trespassing. Should the employer post that no-guns are allowed, or communicate to you that no-guns are allowed, and if you do carry despite such notices - you are in violation of 3503. No further communications is necessary to cite you for a summary offense since you were forewarned via sign or communications. You could also be terminated by your employer.
The Defiant Trespass also effects any other private properties that are posted, or that the owner or tenant, or their designated representatives have communicated to you that certain acts or items are not allowed on said properties.
18 Pa.C.S. § 3503: Criminal trespass
(a) Buildings and occupied structures.--
(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he:
(i) enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or
(ii) breaks into any building or occupied structure or separately secured or occupied portion thereof.
(2) An offense under paragraph (1)(i) is a felony of the third degree, and an offense under subparagraph (1)(ii) is a felony of the second degree.
(3) As used in this subsection:
"Breaks into." To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.
(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.
(b.1) Simple 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 for the purpose of:
(i) threatening or terrorizing the owner or occupant of the premises;
(ii) starting or causing to be started any fire upon the premises; or
(iii) defacing or damaging the premises.
(2) An offense under this subsection constitutes a summary offense.
(b.2) Agricultural trespasser.--
(1) A person commits an offense if knowing that he is not licensed or privileged to do so he:
(i) enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person's attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or
(ii) enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person.
(2) An offense under this subsection shall be graded as follows:
(i) An offense under paragraph (1)(i) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250.
(ii) An offense under paragraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000.
(3) For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L. 128, No. 43), [FN1] known as the Agricultural Area Security Law, or any area zoned for agricultural use.
(c) Defenses.--It is a defense to prosecution under this section that:
(1) a building or occupied structure involved in an offense under subsection (a) of this section was abandoned;
(2) the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
(3) the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.
(d) Definition.--As used in this section, the term "school grounds" means any building of or grounds of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education, any elementary or secondary parochial school, any certified day-care center or any licensed preschool program.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
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