Case law on No-Gun signage?

**BerettaRogue** · September 16th, 2008, 03:02 PM

I seem to recall that people on this forum have said that posted signs carry no legal weight in PA. To be charged with trespassing, one has to be asked to leave, and that request must be refused. However, that's not what happened this past weekend in Lancaster:

Lancaster man arrested after child finds his gun
By Charles D. Perry · The Herald

A Lancaster man was arrested over the weekend after he left his loaded pistol at a Fort Mill playground and a 7-year-old girl found it, according to a York County Sheriff’s Office report.

A deputy was called to Plaza Fiesta just after 1:45 p.m. Saturday by a man who said a 7-year-old girl had given him a gun that she found on the playground.

The weapon was fully loaded when the girl discovered it, the report stated.

Later, 31-year-old Anthony Roberts asked a security guard if he could have his gun back, the report stated. Roberts told the sheriff’s deputy that he had his gun on the playground and must have dropped it when he went to get his son.

Roberts has a concealed weapons permit, but signs at the entrances to Plaza Fiesta said no weapons were allowed, the report stated. Roberts was charged with trespassing after notice because he brought the gun into Plaza Fiesta.

Now, I could see the justice, perhaps, in arresting him for being an idiot. But will this charge hold up in court, or will it be another case of some officer trying to stretch the law? If he's convicted, this could be a serious problem. I'd hate to see a time when you can be arrested for carrying when the no firearms policy is printed on pamphlets at the information desk.

Edit: http://www.heraldonline.com/109/story/815507.html

**shefearsnothing** · September 16th, 2008, 03:05 PM

IANAL but...I don't see how they could do that. Maybe he doesn't read English.... maybe he didn't see the sign? I would think some kind of negligence charge would stick but....(only because I don't think there is such a thing as an idiot charge).

**elston32** · September 16th, 2008, 03:10 PM

Originally Posted by BerettaRogue

I seem to recall that people on this forum have said that posted signs carry no legal weight in PA. To be charged with trespassing, one has to be asked to leave, and that request must be refused. However, that's not what happened this past weekend in Lancaster:

Lancaster man arrested after child finds his gun
By Charles D. Perry · The Herald

A Lancaster man was arrested over the weekend after he left his loaded pistol at a Fort Mill playground and a 7-year-old girl found it, according to a York County Sheriff’s Office report.

A deputy was called to Plaza Fiesta just after 1:45 p.m. Saturday by a man who said a 7-year-old girl had given him a gun that she found on the playground.

The weapon was fully loaded when the girl discovered it, the report stated.

Later, 31-year-old Anthony Roberts asked a security guard if he could have his gun back, the report stated. Roberts told the sheriff’s deputy that he had his gun on the playground and must have dropped it when he went to get his son.

Roberts has a concealed weapons permit, but signs at the entrances to Plaza Fiesta said no weapons were allowed, the report stated. Roberts was charged with trespassing after notice because he brought the gun into Plaza Fiesta.

Now, I could see the justice, perhaps, in arresting him for being an idiot. But will this charge hold up in court, or will it be another case of some officer trying to stretch the law? If he's convicted, this could be a serious problem. I'd hate to see a time when you can be arrested for carrying when the no firearms policy is printed on pamphlets at the information desk.

Edit: http://www.heraldonline.com/109/story/815507.html

This occured in South Carolina not PA.

See: http://www.wcnc.com/news/local/stori....7ce2295f.html

Stay well.

---elston