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Thread: Anywhere in York you cant CC?
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January 23rd, 2010, 11:17 AM #11
Re: Anywhere in York you cant CC?
yeah the courthouse downtown is off limits but don't forget about district justice courthouses too.
Those who beat their swords into plough shares shall plough for those who don't
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February 15th, 2010, 02:16 AM #12
Re: Anywhere in York you cant CC?
No CCW in the "Gonorrhea" Mall???
Where's that stated?? I've been carrying in that mall for 20yrs!!
The PO is a questionable arguement, although I don't want to be the one to test it. It's stated on the sign under exceptions; "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes."
If you carry a gun into a Federal facility with the intent to commit a crime, then it would seem pretty obvious that you are not engaged in “lawful purposes.” However, if you carry a concealed weapon, with a valid concealed weapons permit, and you are not intending to commit any crimes in the facility, you should be well within the meaning of “lawful purposes.”
This does not mean that you won’t be harassed or even arrested for carrying a concealed weapon in the P O. Keep in mind that law enforcement can do anything they want until you can have a Judge tell them they can’t. And that can run in to some serious lagal fees! Some LEO's do not know the full scope of where citizens can legally carry firearms, and thus it leaves room for error.You never see a motorcycle parked ouside a psychiatrist's office!
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February 15th, 2010, 04:43 AM #13Active Member
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Re: Anywhere in York you cant CC?
As with all other court facilities in PA, Declare you are legally carrying and they are required store it for you. The sheriff's deputies at the York county Judicial Center(courthouse) know the drill. District Justice facilities are required to do the same although many claim they don't know.
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February 16th, 2010, 03:59 PM #14
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Anyone kno if carry at the smokey bones resturant is "off limits" im taking my fiance there friday 4 her birthday.
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February 16th, 2010, 04:06 PM #15
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February 16th, 2010, 07:30 PM #16
Re: Anywhere in York you cant CC?
Legally you can carry just about anywhere except what is prohibited by the UFA. Basically schools, courthouses, prisons and federal property. Otherwise the most they can do if you are discovered is ask you to leave... failure can lead to a trespassing charge. Signs hold little to no legal water in PA.
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February 16th, 2010, 07:31 PM #17
Re: Re
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February 16th, 2010, 07:36 PM #18Grand Member
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February 16th, 2010, 07:49 PM #19
Re: Anywhere in York you cant CC?
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February 16th, 2010, 08:17 PM #20
Re: Anywhere in York you cant CC?
McDonalds is private property as is any other business. In general a member of the general public is allowed on their property as a business invitee. They have every right to post reasonable ‘conditions of entry’ that in essence make the ‘invitation’ contingent on those conditions and withdraws the ’invitation’ from those in non-compliance.
When a sign of such conditions comes to one’s attention prior to entry and one subsequently enters in non-compliance they become intruders, ie someone who enters private property knowing they have no permission to do so. This is a violation of 18 PA CSA 3503(b)
(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.
This issue was discussed some time ago and, as Fingers80002 indicated, GL1 and others have concluded that signs do indeed carry weight as far as trespass charging.IANAL
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