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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: 1986842" data-attributes="member: 24475"><p>I wasn't asking for cite or case law about someone being charged with trespassing. You asserted that one had to be verbally told to leave before they could be charged with trespassing. That is what I was asking for a cite for.</p><p></p><p>After looking at various municipalities trespass laws (posted earlier) it seems it is up to each municipality as to what is required for trespass. Some use the word "told" in their definition, ...the person remains on the property after having been told to leave..., others indicate that an agreement is implied, but that agreement can be revoked by the owner, and it seems that signage (in some municipalities) serves to sever the agreement.</p><p></p><p></p><p></p><p>While item E states that remaining on the property after being demand of the owner is trespassing, it is my opinion that carrying a firearm past a "no firearms" sign would violate item A. The owner clearly does not want firearms on the property and has posted as such, it seems that anyone who then carries a firearm into that establishment is doing so without the consent of the owner, thus causing trespass.</p><p></p><p>I am not saying this law has ever been enforced, however if we are going to talk about what constitutes trespass we need to look at all the definitions according to law and not just the ones that fit our beliefs.</p></blockquote><p></p>
[QUOTE="hrdware, post: 1986842, member: 24475"] I wasn't asking for cite or case law about someone being charged with trespassing. You asserted that one had to be verbally told to leave before they could be charged with trespassing. That is what I was asking for a cite for. After looking at various municipalities trespass laws (posted earlier) it seems it is up to each municipality as to what is required for trespass. Some use the word "told" in their definition, ...the person remains on the property after having been told to leave..., others indicate that an agreement is implied, but that agreement can be revoked by the owner, and it seems that signage (in some municipalities) serves to sever the agreement. While item E states that remaining on the property after being demand of the owner is trespassing, it is my opinion that carrying a firearm past a "no firearms" sign would violate item A. The owner clearly does not want firearms on the property and has posted as such, it seems that anyone who then carries a firearm into that establishment is doing so without the consent of the owner, thus causing trespass. I am not saying this law has ever been enforced, however if we are going to talk about what constitutes trespass we need to look at all the definitions according to law and not just the ones that fit our beliefs. [/QUOTE]
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