Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
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    (Lebanon County)
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    Default Do I have to answer, "Are you carrying"

    If I am asked that question by a non-LEO, am I obligated to tell the truth to either a private business or a homeowner that I am carrying if they ask? If they have a predisposition that I might be carrying, and either just want to know, or don't want me to carry, must I disclose this to them? What implications do I have if I lie? As long as they don't frisk me, and I tell them I am not carrying, and they believe me, and they want me to stay, I guess I'm just a liar and that's it. But in the event that, let's say in a private business, knowing full well they don't want me to carry a firearm, and I have already told them I don't have one, my carry gun becomes visible. Could that be grounds for any legal action? I hope my question is clear, must I tell anybody that isn't an LEO that I am in fact carrying if they ask?
    Some say that his discharge is luminous.

  2. #2
    Join Date
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    Bellefonte, Pennsylvania
    (Centre County)
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    Default Re: Do I have to answer, "Are you carrying"

    If a businessowner tells you "You can't come in here with a gun" (or you know full well that you can't) and you say "I don't have one" (or pretend like you don't have one) and then proceed to enter with a gun, then there are grounds for legal action. You are trespassing because you know that you don't have permission to enter their private property and you went in anyway.

  3. #3
    Join Date
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    Delco, Pennsylvania
    (Delaware County)
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    Default Re: Do I have to answer, "Are you carrying"

    Quote Originally Posted by StraussiE WousiE View Post
    If I am asked that question by a non-LEO, am I obligated to tell the truth to either a private business or a homeowner that I am carrying if they ask? If they have a predisposition that I might be carrying, and either just want to know, or don't want me to carry, must I disclose this to them? What implications do I have if I lie? As long as they don't frisk me, and I tell them I am not carrying, and they believe me, and they want me to stay, I guess I'm just a liar and that's it. But in the event that, let's say in a private business, knowing full well they don't want me to carry a firearm, and I have already told them I don't have one, my carry gun becomes visible. Could that be grounds for any legal action? I hope my question is clear, must I tell anybody that isn't an LEO that I am in fact carrying if they ask?
    You have the RIGHT to remain Silent!!!!!!!!!!! A business owner has the right to throw you out and the legal system takes the rest! IANAL.
    NRA Training Counselor, Chief Range Safety Officer, NRA Benefactor Member



  4. #4
    Join Date
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Do I have to answer, "Are you carrying"

    You dont have to say jack to anyone..

    If the landowner knows, thinks, or suspects you of having a gun and doesn't want them on their land - you must comply to their wishes like leaving, removing the gun, or whatever if YOU want to continue being there.

    If the landowner insists that you show your waistband, jump through rings of fire, or perform a dog and pony show for you to be there, and if you desire to enter or continue being there - then the responsibility is on you to comply. ..Otherwise you can leave.

    Trespassing laws can apply if you violate a landowner's wishes.

  5. #5
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    E. Greenville, Pennsylvania
    (Montgomery County)
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    Default Re: Do I have to answer, "Are you carrying"

    Quote Originally Posted by StraussiE WousiE View Post
    But in the event that, let's say in a private business, knowing full well they don't want me to carry a firearm, and I have already told them I don't have one, my carry gun becomes visible. Could that be grounds for any legal action?
    I'd say they could have you arrested.

    IANAL but...

    Criminal trespass - 18 Pa. Cons. Stat. § 3503
    § 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 paragraph (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), 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.

  6. #6
    Join Date
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    ….., Pennsylvania
    (Allegheny County)
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    Default Re: Do I have to answer, "Are you carrying"

    As for property owners they can ask you to leave for any reason. But they can't force you to answer any questions. Personally if some third party was getting nosy I'd tell them it's none of their damn business and be done with it.

  7. #7
    Join Date
    Jun 2009
    Location
    Cleona, Pennsylvania
    (Lebanon County)
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    Default Re: Do I have to answer, "Are you carrying"

    So, what I gather so far, is if a store owner, or eatery owner thinks, I have a gun, I don't have to tell him for sure, but that in general will probably make him want to throw me out. Which he can do of course.

    By the way, this scenario is assuming that I don't know for sure if the private owner allows firearms or not. So I'm not just taking it in there despite what I know the policy is.

    Also, this happened yet, but I think it'd be good to know.
    Some say that his discharge is luminous.

  8. #8
    Join Date
    Mar 2008
    Location
    Lewistown, Pennsylvania
    (Mifflin County)
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    Default Re: Do I have to answer, "Are you carrying"

    IANAL
    But basically if you are told they don't want you carrying guns on the property and you carry and they find out your trespassing.
    If they say nothing then you say nothing if they should find out while your on the property and ask you to leave then leave.
    Other than that your fine.
    Audaces fortuna juvat

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