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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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