I need some clarification on carrying/trespassing

[Danny Tanner]

I ask because the general definition of trespassing includes: "The main element of the tort is "interference". This must be both direct and physical, with indirect interference instead being covered by negligence or nuisance. "Interference" covers any physical entry to land, as well as the abuse of a right of entry, when a person who has the right to enter the land does something not covered by the permission."

So where does a concealed carrier stand on the end of trespassing laws? Walking through the doors of a public business that's not specified in the SDA law book that has a gun buster sign they are entering property they have a right to be on, yet they are doing so in violation of advertised permissions.

I know most here, including my SDA instructor, will say "well, it's concealed for a reason, what they know won't hurt them", but that doesn't mean it's not in violation of trespassing laws. So, I would like to think that a business owner or official for a business with a posted gun-buster sign would politely ask you to leave before callin' tha law, but do they have the ground to immediately call the law and have you arrested for trespassing before giving you the chance to leave?

 

[Danny Tanner]

TITLE 21 § 1290.22. Business owner’s rights

BUSINESS OWNER’S RIGHTS

A. Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.

So does this excerpt above apply to my question?

 

[rawhide]

I think LEO will decide that when they evaluate the situation

 

[Danny Tanner]

But that leaves the door open for the situation to be carried out in 2 completely different ways depending on the LEO's stance on citizens carrying firearms, I either get arrested for trespassing or I get asked to never come back. I'm completely fine with one of those options.

There's something I'm over looking.

 

[spd67]

Its quiet simple...if you see a gunbuster sign don't take your gun inside or better yet don't take yourself or your business inside. Yes the gunbuster sign is all that is
needed by the business to tell you that CCW is not permitted there. If you want to run the risk of getting arrested and loosing your permit to carry a firearm go ahead and carry in the business. Granted yes most people will not notice the gun and 99 out of 100 times you would be ok...but its that one time that will bite you in the but.

 

[spd67]

Now more than likely you would be just asked to leave...but again how much risk do you really want to take.

 

[Fyrtwuck]

I'll say it the way it was explained to me by a Judge when I was an officer.

A person must be first told not to trespass at least once before they can be arrested or cited for trespassing. This can be done either verbally or by a sign. The signs can be the "gunbuster" signs, the "NO Trespassing" signs or "Posted No Trespassing" type signs. Whichever sign is posted, that is your notice not to trespass. A person committing an offense after the notification can be cited or arrested.

 

[Rod Snell]

But that leaves the door open for the situation to be carried out in 2 completely different ways depending on the LEO's stance on citizens carrying firearms, I either get arrested for trespassing or I get asked to never come back. I'm completely fine with one of those options.

There's something I'm over looking.

If you're showing a gun inside a posted store, the owner can call LE, sign a complaint, ban you from the premesis, his choice, and you could also be cited for failure to conceal.
Or he could jut say to you "Your gun's hanging out. I want you out of my store."
You don't get to pick. He does. There's one business here that I guarantee will call LE if they see your gun; they've done it before.
As I've said before, it's like somebody who walks past a No Hunting sign carrying a shotgun, it's not a major offense like carrying into a school or bar, but there can be a fine involved. Repeat offenses carry the potential of higher penalties.IANAL

 

[OldCurlyWolf]

But that leaves the door open for the situation to be carried out in 2 completely different ways depending on the LEO's stance on citizens carrying firearms, I either get arrested for trespassing or I get asked to never come back. I'm completely fine with one of those options.

There's something I'm over looking.

If a manager/owner/person in control of the property says leave and you stand there you are trespassing. If you make an immediate exit of the property, you are Not trespassing. It is just that simple.