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interesting convo with my local legal beagle

2K views 21 replies 14 participants last post by  9MMare 
#1 ·
I just got off the phone with my attorneys office. Unfortunately, my lawyer was in court today so I had to speak with one of his associates who actually turned out to be a great help. I wanted to know if the 30.06 signs, (not what their called in Indiana, but I like that term better) had legal weight, that is to say would I be in violation of law if I carried concealed anyway and just didn't tell anyone or let anyone see my CCW. She informed me that the signs do not mean anything, but that if I refuse to leave or abide by the store policies when asked to leave or put my weapon in my vehicle I would be guilty of criminal trespass. So basically, do not get caught by the establishment. She then said "What I don't understand is why you would want to carry in a place that says no guns allowed." I simply replied, same reason I carry everywhere else, I am sure you understand that criminals prefer unarmed, defenseless targets and a place that does not allow weapons is one of those target rich places. All she said was, Good point. I think I did well, and I learned something too, all in all, a good conversation. (she sounded kind of cute too, think I might need to go have a face to face with my lawyer and see if he will introduce me:smilie_waage:
 
#2 ·
That pretty much agrees with FL laws to a "T." No legal weight, but must leave or take weapon out if asked.
 
#3 ·
This issue has been discussed in length here....and the threads are very illuminating. I suggest you search for one or 2. While it does vary from state to state (in some you cannot igore the signs, in others only certain signs carry the wt of law, etc) it sounds like in your case...if you are found to be carrying a weapon, you are now 'trespassing' and the store owner can ask you to leave. If you do not, you can be arrested for trespassing.
 
#4 ·
but they have to ask you to leave in order for it to be trespassing, the act of ignoring the sign in and of itself is not trespassing
 
#5 ·
About the same as in OK. More specifically, our law says that business owners have a right to control the presence of firearms if they wish. This basically means the same thing as a furniture store telling you not to have food in the store. Even if they catch you, they can only ask you to leave.
 
#15 ·
She then said "What I don't understand is why you would want to carry in a place that says no guns allowed." I simply replied, same reason I carry everywhere else, I am sure you understand that criminals prefer unarmed, defenseless targets and a place that does not allow weapons is one of those target rich places. All she said was, Good point.
Her thought process is a bit scary...........you answered her very well. That's what she needed to hear.
 
#20 ·
Originally Posted by INccwchris
She then said "What I don't understand is why you would want to carry in a place that says no guns allowed." I simply replied, same reason I carry everywhere else, I am sure you understand that criminals prefer unarmed, defenseless targets and a place that does not allow weapons is one of those target rich places. All she said was, Good point.
Her thought process is a bit scary...........you answered her very well. That's what she needed to hear.

I think what she was trying to say was why do business with someone that does not want you carrying there. Many people have made this comment before, if they don't want my gun there they don't want my money either.
 
#16 ·
Just want to clarify something. You used the term 30.06 sign with reference to something in Indiana for convenience. It may well be that in Indiana the no-guns signs mean little, but here in Texas our 30.06 signs do mean something and there are penalties to pay for violating them. OTOH, a simple no guns sign or ghost buster sign has no weight and means nothing here; only the official 30.06 sign and a 51 sign count.
 
#21 ·
Just a cautionary note. This should not be considered legal advice to anyone but the OP. It's his attorney that will go to court with him if he gets charged.
 
#22 ·
Agreed, and frequent reminders of this are important.

However, I will say that it took 2 different, in-depth threads of people dissecting and discussing this particular of gun law before I understood it properly (I think) and it changed my perspective and my carrying behavior. There have been a few different gun law topics like this that have really helped me thru their in-depth evaluation. Of course the responsibility ultimately remains mine to do what is appropriate in my state.
 
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