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Thread: Anywhere in York you cant CC?
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February 16th, 2010, 08:21 PM #21
Re: Anywhere in York you cant CC?
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:
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February 16th, 2010, 08:21 PM #22
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February 16th, 2010, 08:29 PM #23
Re: Anywhere in York you cant CC?
OASN, this is a thread about CC...so i think we've covered the places you can carry period. you can CC into a mcdonalds or where ever that has a "sign"...only one who knows you have the gun should be you...
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February 16th, 2010, 08:32 PM #24
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February 16th, 2010, 08:33 PM #25
Re: Anywhere in York you cant CC?
Let me explain it this way. In Texas for example, they have 30.06 signs that specifically prohibit you from carrying in XYZ place by law. You can simply be arrested for carrying in those places.
In PA... my understanding is that they do hold little to no legal water. I can carry legally in a place that is not prohibited in the UFA. A place with a sign or notice won't make me illegal i.e. your place of employment. Most employers that I know forbid carrying of guns on their property, yet I know many who still do. Does that mean that they are breaking the law now?
That is the point I'm making here. You can carry in those places, the signs are weak and you can be asked to leave. If you refuse then you can be cited for trespassing. I don't think you can just be arrested for being in a place that has a notice.
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February 16th, 2010, 08:56 PM #26
Re: Anywhere in York you cant CC?
TX 30.06 is a specific law against such carry. Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN .
There is also a general criminal trespass statutes similar to PA's (TX 30.05) . The difference is that violation of 30.05 is a Class B misdemeanor but violation of 30.06 is a Class A. Both statutes provide for violation for entry contrary to signage.
In PA there is no equivalent to 30.06 but there is a direct correlation with 30.05 . Ignoring signage and entering while in non-compliance of any allowable condition of entry is a violation of trespass.
If an employer or other authorized entity prohibits carry on their property then, by law, those that carry in spite of that restriction are in violation of 3503 and subject to arrest without further warning.IANAL
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February 16th, 2010, 09:32 PM #27
Re: Anywhere in York you cant CC?
Something is just not right about all of this... I've heard about and read the law for some time now. My understanding is you can only be cited for trespassing if you refuse to leave after you're given notice either on the door or verbally. Simply possessing a firearm concealed is not enough in itself to arrest you... you would have to be asked to leave first.
Now out of the blue I am hearing that I can be arrested for simply having a gun in a place that has a no gun sign/known policy? Lets say hypothetically I have a gun at work, that would be legal because it is not clearly prohibited by the UFA. Now lets say I defended myself at work with that gun... now you are basically saying I can get arrested for having it in a place simply because company policy says that I couldn't? There are thousands of places that have policies and signs (i.e. Malls) that prohibit firearms. That makes no sense what so ever... This "law" is definitely not clear enough to make a solid assertion of what it means.Last edited by Pro2A; February 16th, 2010 at 09:34 PM.
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February 16th, 2010, 09:39 PM #28Grand Member
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February 16th, 2010, 09:43 PM #29
Re: Anywhere in York you cant CC?
(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.
.........While many claim to support the right, precious few support the practice.
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February 16th, 2010, 09:49 PM #30Grand Member
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