A situation where you are asked to leave.

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  • dburkhead

    Master
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    Mar 18, 2008
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    Debated whether this belonged here or in politics. Decided more carry related than political per se so put it here. Mods feel free to move it if you disagree with that assessment.

    Here's the situation: you park your car in a commercial parking lot. You will be open carrying from there to somewhere else (say, an open carry political protest ;)).

    Case one: You've just parked and step out of your car with a handgun visible in a holster at your side. Someone apparently involved in the operation of the garager says you can't have the gun in there and asks you to leave. I presume that at this point you don't really have any recourse but to eat whatever the minimum parking charge is. Correct?

    Case two: Nobody said anything when you got out of the car and went about your business but now on returning someone objects and asks you to leave at the entrance. You're out here. You've been asked to leave. Your car is in there. Now what do you do? Does the trespass law allow them to prevent you from entering their property in order to retrieve your property which was legally present there at least up until that point?

    Case two is the more important of the two cases, as you might imagine.
     

    Joe Williams

    Shooter
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    Jun 26, 2008
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    Case 1: I'd demand my money back, and leave. If they didn't return my money, file a claim in small claims court, since they didn't deliver the service they contracted for. Video is your friend.

    Case 2: I'd call the police, and seek their assistance in getting the property the garage operator has siezed returned.

    Both cases presume there is no sign at the entrance prohibiting firearms.
     

    CountryBoy19

    Grandmaster
    Rating - 91.7%
    11   1   0
    Nov 10, 2008
    8,412
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    Bedford, IN
    Case 1: I'd demand my money back, and leave. If they didn't return my money, file a claim in small claims court, since they didn't deliver the service they contracted for. Video is your friend.

    Case 2: I'd call the police, and seek their assistance in getting the property the garage operator has siezed returned.

    Both cases presume there is no sign at the entrance prohibiting firearms.
    +1

    I think Joe hit the nail on the head
     

    Mikeh82

    Marksman
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    Mar 21, 2009
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    Case 1: I'd demand my money back, and leave. If they didn't return my money, file a claim in small claims court, since they didn't deliver the service they contracted for. Video is your friend.

    Case 2: I'd call the police, and seek their assistance in getting the property the garage operator has siezed returned.

    Both cases presume there is no sign at the entrance prohibiting firearms.

    What if they tell you your dog is ugly??? Then what...
     

    CountryBoy19

    Grandmaster
    Rating - 91.7%
    11   1   0
    Nov 10, 2008
    8,412
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    Bedford, IN
    What if they tell you your dog is ugly??? Then what...
    If they say your dog is ugly, say thanks and keep going, if they say your dog is ugly and you have to leave, then unfortunately you have to leave. It's private property (this is assuming its not a public parking area) and they can tell you to leave for any reason they want, or no reason at all.

    ETA, the above scenarios by Joe still apply. Ask them for a refund in case #1, or call the police in case #2 (that is after you presented your case that you just plan to get your car and leave and they refused to allow you in to get the car).
     

    ATM

    will argue for sammiches.
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    Jul 29, 2008
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    Crawfordsville
    In either case, pretend you don't hear them and continue about your business as if they didn't exist. :cool:
     

    JohnN

    Plinker
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    Oct 17, 2009
    106
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    Indianapolis
    I could be wrong but unless there is a sign posted at the entrance there is no way they could make you leave without your vehicle.
     

    sj kahr k40

    Grandmaster
    Emeritus
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    Sep 3, 2009
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    Why would a sign , signs carry no weight of law, matter in either case? In case #1 ask for money back, in case #2 I would retrieve my vehicle after telling them what I intended to do.
     

    printcraft

    INGO Clown
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    16   0   0
    Feb 14, 2008
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    Uranus
    Case 1 - leave and demand a refund.

    Case 2 - Say ok and appear to leave.
    Walk to entrance on other side of building and proceed as normal.

    :yesway:


    ATM - In either case, pretend you don't hear them and continue about your business as if they didn't exist. :cool:

    :D
     

    chezuki

    Human
    Rating - 100%
    48   0   0
    Mar 18, 2009
    34,158
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    Behind Bars
    For some reason, I never have these hassles. Its almost as if my weapon were invisible... no, not invisible... What's that word where something is there but out of sight because of something else covering it or its otherwise intentionally out of view??


    Oh yeah, Concealed!!! :whistle:

















    :stickpoke::horse: :D
     
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