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Thread: posted signs
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June 4th, 2008, 09:22 AM #1Member
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posted signs
i've read several threads on this site about posted signs not carrying any legal weight. can anybody explain this and what type of signs are these?
no trespassing,no firearms allowed? i'm slightly confused
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June 4th, 2008, 09:39 AM #2
Re: posted signs
" The Seeds of Oppression Will One Day Bear The Fruit of Rebellion."
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June 4th, 2008, 10:23 AM #3Member
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June 4th, 2008, 10:26 AM #4
Re: posted signs
Because individuals cant make up their own gun laws.
You can tell people to leave if you dont like their carrying guns on your property.
Then, if they are still there without permission, then its trespassing. As long as they are legally allowed to carry,
then all they are guilty of is trespassing.Last edited by skyjerk; June 4th, 2008 at 10:34 AM.
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June 4th, 2008, 10:30 AM #5
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June 4th, 2008, 10:32 AM #6
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June 4th, 2008, 10:40 AM #7
Re: posted signs
Trespass is funny in PA. I work in Retail Security, if I catch someone committing Retail Theft they are issued a Notice of Trespass. If they return, they are subject to arrest under PA CS Title 18 Chapter 35 section 3503 Defiant Trespass. Now, case law has developed that that form is no longer a "blanket" advisement. The offender must be advised each time they attempt to enter the premises. If they defy that request, then they are subject to crimnal prosecution.
Be safe.
Scott
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June 4th, 2008, 10:49 AM #8
Re: posted signs
Because there is no law stating it is illegal to go some place where "No Gun" type signs are posted.
Other states have laws that make it a crime to go into/onto places that have "No Guns" type signs - PA doesn't.
However, trespass laws and owner/tenant rights prevail(as they should) - and you can be asked to leave for ANY reason they see fit.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, SteveWag
Don't end up in my signature!
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June 4th, 2008, 10:50 AM #9
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June 4th, 2008, 10:56 AM #10Active Member
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Re: posted signs
I think that is mostly right, however:
(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:
1. actual communication to the actor;
2. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
3. fencing or other enclosure manifestly designed to exclude intruders;
4. 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
5. 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.
If you were to place evident and specific notice that a given particular individual or individuals are not 'licensed or privileged to do so', such as notification to a harasser or previous trespasser (which I agree is very highly unlikely defiant trespass), I do believe, but am not certain that THEN, and future trespass by noted individual(s) ARE defiant trespass(es).
Especially if they are jumping fences.
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