Originally Posted by me
Since signs are not "personally communicated...", they hold no power. This is for places that are opened to the public. The statute goes on to say that either "personally communicated" or No Trespassing signs are fine for unimproved land. This and other pertinent statutes are in the Burglary and Trespass sections of the C.R.S. and do not mention weapons or firearms at all - they are general trespassing laws. In the concealed weapons section of the law, signs are not mentioned at all.Quote:
Originally Posted by Colorado Revised Statutes 18-4-201(3)
(just my ill-informed opionion here - hopefully a little less ill-informed than it used to be. Do not interpret this as legal advice.)
Our local Rave Theater posted recently. My wife and I noticed it a couple if weeks ago. We went to a different theater and then I fired off the following. Rave personnel did not respond.
To Whom It May Concern:
My wife and I wanted to watch Red Dawn today so we drove to your West Chester, Ohio theater to see the show. When we got there, I noticed that you have chosen to post the theater prohibiting law-abiding citizens with concealed carry permits from enjoying the movie while armed. My wife and I went to another area theater to see the movie. You have lost your competitive edge in the market for me.
I drive past a Showcase Theater, which has been posted for years, to get to the Rave. This adds about 15 minutes to my drive, but I have gladly gone to the Rave because it appeared that management of the Rave wanted the business of law-abiding citizens who care about their safety and that of their family. In the Cincinnati market you continue to have competition that is not posted and is equidistant from my house as the Rave.
I suspect that you have decided to post your theaters in the wake of the Colorado theater shootings. It is interesting to note that that shooting took place in a theater that was posted to keep out guns. It succeeded in keeping out the guns of law-abiding citizens, but not those of at least one criminal. In fact, the criminal may have been more likely to have chosen the theater he did simply because management had taken the time to post the theater. This assured him he would not fact armed resistance from law-abiding citizens.
I fail to understand the position you have taken that keeps law-abiding citizens from protecting themselves in your theaters while announcing to the criminal underworld that “here is a safe zone in which to practice your warped arts.” If you look at the mass murders of the last 20 or so years, the vast, vast majority have taken place at locations that are posted to preclude law-abiding citizens from bringing their legally owned and carried weapons onto the premises. Obviously, the creation of gun-free zones has not stopped criminals from walking right past the signs establishing those zones with their weapons.
Under Ohio law, you have every right to post your theaters to keep guns of law-abiding citizens out. Your patrons, however, also have every right to find alternative theaters or venues where they can spend their entertainment dollars while armed. Understand that your signs will only keep out the guns of law-abiding citizens and may enhance the desirability of your theaters for armed criminals who will see your theaters as environments in which they can operate with relative safety.
The Supreme Court of the United States has informed us, in Warren -v- District of Columbia (and several other cases) that we are responsible for our own protection and the police cannot be relied upon for this service. While the police may well provide their services, they are not obligated to so do. Even if they do provide their services, they are not likely to be at the spot of the crime as it unfolds to stop it. Generally, they bring their chalk and yellow tape. The one policeman that you have in the lobby on weekends is not likely to be much more effective than was the similarly-situated policeman in the Colorado theater.
Under Ohio law, your posting your theaters does not create any additional burden on you if someone were to, God forbid, come in and shoot up one of your theaters. Given that neither Rave Theaters nor the police are obligated to protect me or my family and Rave Theaters has adopted a policy that precludes me from protecting myself if I were to go to your theater, I have no further plans to use Rave Theaters unless and until its theaters are un-posted and law-abiding personnel are again allowed to bring their legally-permitted weapons into the theater. I have options where I live and I will use them. While I think your theaters are well constructed and comfortably appointed, your recent posting of the theater renders it not worth the risk to attend a movie at your establishment.
Should you decide to change your policy, please let me know. I don’t get to West Chester that often and I certainly will not make a drive there just to see if you have removed the no-guns sign. If the sign comes down, and you let me know, I will again patronize your establishment. I appreciate your attention to this matter.
nice letter ksholder