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Competition, Tactics & Training
Self Defense & Handgun Carry
Why I was against open carry
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<blockquote data-quote="hrdware" data-source="post: 1985851" data-attributes="member: 24475"><p>I never said businesses that were posted were prohibited places. I said a sign may be construed to be a legal written form of trespass notice. Nothing in the SDA deals with trespass. Since you continue to claim that notice must be verbal, I'm asking you to provide a cite to authority that clearly states you have to be verbally told to leave a place before any trespass charge can be applied.</p><p></p><p>After digging further, it seems that this can be a much debated law because the state does not have preemption here. I have already stated how the state defines a trespasser and read <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=407647" target="_blank">this</a> AG opinion on the topic. All it says is the person in control of the land (business) must demand a person to leave (does not specify oral or written) and if the person does not then they can be charged with trespass.</p><p></p><p></p><p></p><p>My reading of this leads me to believe that in the City of Moore a gunbuster sign may serve as trespass notice (again, no case law exists).</p><p></p><p></p><p></p><p>This section of the Sapulpa city code has the same type of language but also talks about express consent of the owner. It is my opinion, that if the owner puts up a gunbuster sign, and you carry past the sign, you no longer have the owners permission to be there and are trespassing even though no verbal notice was given.</p><p></p><p>Trespass laws vary by locality and are not covered in the SDA nor are they preempted by state law. </p><p></p><p>Which brings me to two conclusions: 1) People should know and understand the trespass laws in areas they normally frequent, 2) Until case law has been established, this will be a debate that continues.</p></blockquote><p></p>
[QUOTE="hrdware, post: 1985851, member: 24475"] I never said businesses that were posted were prohibited places. I said a sign may be construed to be a legal written form of trespass notice. Nothing in the SDA deals with trespass. Since you continue to claim that notice must be verbal, I'm asking you to provide a cite to authority that clearly states you have to be verbally told to leave a place before any trespass charge can be applied. After digging further, it seems that this can be a much debated law because the state does not have preemption here. I have already stated how the state defines a trespasser and read [url="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=407647"]this[/url] AG opinion on the topic. All it says is the person in control of the land (business) must demand a person to leave (does not specify oral or written) and if the person does not then they can be charged with trespass. My reading of this leads me to believe that in the City of Moore a gunbuster sign may serve as trespass notice (again, no case law exists). This section of the Sapulpa city code has the same type of language but also talks about express consent of the owner. It is my opinion, that if the owner puts up a gunbuster sign, and you carry past the sign, you no longer have the owners permission to be there and are trespassing even though no verbal notice was given. Trespass laws vary by locality and are not covered in the SDA nor are they preempted by state law. Which brings me to two conclusions: 1) People should know and understand the trespass laws in areas they normally frequent, 2) Until case law has been established, this will be a debate that continues. [/QUOTE]
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