Trespassing laws ?

Trespassing laws ?

This is a discussion on Trespassing laws ? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in Florida, so this may be Florida-specific, but I bet it has broader application in other states. State law doesn't provide (AFAIK) for ...

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Thread: Trespassing laws ?

  1. #1
    New Member Array CAL7's Avatar
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    Trespassing laws ?

    I live in Florida, so this may be Florida-specific, but I bet it has broader application in other states. State law doesn't provide (AFAIK) for any establishment to be able to bar concealed carry, yet some places will post signs such as "No Firearms" or the like. I wonder what the penalty is for ignoring the sign?

    In so doing, I haven't transgressed any of the prohibited places designated in the law. At worst, I would think I might be trespassing. But is that a criminal offense? If a sign was posted that said "No Mustaches" (or some other designation that didn't violate protected civil classes, such as race) does that mean I would be trespassing?


  2. #2
    Distinguished Member Array Brady's Avatar
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    That will be state specific. In SC once you're noticed CCing and asked to leave (posted or not), if you don't you are trespassing.
    The first trespass may not result the pulling of your CWP but the second one will.
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    Member Array chivvalry's Avatar
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    Look at handgunlaw.us

    "Handgunlaw.us highly recommends that you not enter a place that is posted "No Firearms" no matter what the state laws read/mean on signage. We recommend you print out the No Guns = No Money Cards and give one to the owner of the establishment that has the signage." As responsible gun owners and upholders of the 2nd Amendment we should also honor the rights of property owners to control their own property even if we disagree with them."

    ”No Firearm” signs in Florida have no force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a Permit/License to Carry. If you are in a place not specifically mentioned in the law that is posted and they ask you to leave, you must leave. If you refuse to leave then you are breaking the law and can be charged. Even if the property is not posted and you are ask to leave you must leave. Always be aware of the possibility that responding Police Officers who may have been called without your knowledge and may not know the laws on trespass etc. could arrest you even if you are within the law.
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    VIP Member Array Hiram25's Avatar
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    Part of the trespassing law in most states advise that you have to be asked to leave, if you leave when asked, your ok, if you don't your trespassing and can be arrested.
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    You are invited to enter the business by being "open to the public." While there is "some" debate as to whether you've "violated" a trespass law by carrying, in all likelyhood, all that will happen is you'll be asked to leave if you're detected carrying a gun. Refusal to do so, including arguing about your "rights," can result in a felony trespass charge.

    All businesses have the same "rights" as individuals. They are not "public" entities. Whatever the owner or his representatives (managers, employees, etc.) says about carrying inside, or not, is the same as you saying what you allow in your home.
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    Member Array chivvalry's Avatar
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    Quote Originally Posted by OldVet View Post
    You are invited to enter the business by being "open to the public." While there is "some" debate as to whether you've "violated" a trespass law by carrying, in all likelyhood, all that will happen is you'll be asked to leave if you're detected carrying a gun. Refusal to do so, including arguing about your "rights," can result in a felony trespass charge.

    All businesses have the same "rights" as individuals. They are not "public" entities. Whatever the owner or his representatives (managers, employees, etc.) says about carrying inside, or not, is the same as you saying what you allow in your home.
    retracted as I lack reading comprehension...
    "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all."
    You are not paranoid if They are actually out to get you, however, They probably are not and you probably are.

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    New Member Array CAL7's Avatar
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    Quote Originally Posted by www.handgunlaw.us
    ”No Firearm” signs in Florida have no force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a Permit/License to Carry. If you are in a place not specifically mentioned in the law that is posted and they ask you to leave, you must leave. If you refuse to leave then you are breaking the law and can be charged. Even if the property is not posted and you are ask to leave you must leave. Always be aware of the possibility that responding Police Officers who may have been called without your knowledge and may not know the laws on trespass etc. could arrest you even if you are within the law.
    Quote Originally Posted by chivvalry View Post
    If you are carrying in a posted establishment in Florida you are in violation of trespass law without them having to tell you anything and you can be arrested on the spot. No gun signs in Florida have the force of law.
    So, I have contradictory opinions. which is right?

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    Distinguished Member Array Rexster's Avatar
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    Quote Originally Posted by CAL7 View Post
    So, I have contradictory opinions. which is right?
    Why do you ask for legal advice on an internet forum? This is the expected result; contradictory advice. Keep in mind that lawyers don't always agree.

    Your best course of action of to ask the individual attorney you will be using to defend you when you are arrested for trespassing. Not some "family" lawyer, who handles wills and divorces, but an attorney who specializes in criminal defense.

  9. #9
    Member Array chivvalry's Avatar
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    Quote Originally Posted by CAL7 View Post
    So, I have contradictory opinions. which is right?
    My bad. I was moving too quick! You have to be asked to leave.
    "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all."
    You are not paranoid if They are actually out to get you, however, They probably are not and you probably are.

  10. #10
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    in Florida, stay away from these places while armed...

    Places off-limits when carrying:
    1. any place of nuisance as defined in s. 823.05
    2. any police, sheriff, or highway patrol station
    3. any detention facility, prison, or jail; any courthouse
    4. any courtroom*
    5. any polling place
    6. any meeting of the governing body of a county, public school district, municipality, or special district
    7. any meeting of the Legislature or a committee thereof
    8. any school, college, or professional athletic event not related to firearms
    9. any school administration building
    10. any portion of an establishment licensed to dispense alcoholic beverages for consumption*
    11. any elementary or secondary school facility
    12. any area technical center
    13. any college or university facility*
    14. inside the passenger terminal and sterile area of any airport*
    15. any place where the carrying of firearms is prohibited by federal law

    Other than the above places...What sign?
    Last edited by RETSUPT99; March 9th, 2011 at 04:41 AM.
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    VIP Member Array Eagleks's Avatar
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    Here... if it's not posted the appropriate way with the approved AG's signage, it can be ignored. If they ask us to leave, personallly I'ld be glad to .... but if someone doesn't they would be technically trespassing (misdemeanor).
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