Hospital carry?

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  • Rating - 0%
    0   0   0
    Jan 14, 2014
    155
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    warsaw
    I took my taurus top in a bulldog cell phone type holster, into Methodist in Indy and was fine. I passed like 5 officers and was not even looked at funny. Concealment is the word!
     

    StandingReady

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    Oct 8, 2010
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    If there is a clearly posted sign in a conspicuous place, i.e. on/near the entrance, such as "No Firearms" or even posted hours, and you are found violating it, it is enforceable by arrest. Many places opt to have a "No Trespass" warning given by an LEO, that is documented and enforceable in the future, but if you read Indiana code for Trespass, I believe the signage would constitute an "agent" of the establishment, which gives grounds for the Trespass violation.
     

    SteveM4A1

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    Sep 3, 2013
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    Rockport
    If there is a clearly posted sign in a conspicuous place, i.e. on/near the entrance, such as "No Firearms" or even posted hours, and you are found violating it, it is enforceable by arrest. Many places opt to have a "No Trespass" warning given by an LEO, that is documented and enforceable in the future, but if you read Indiana code for Trespass, I believe the signage would constitute an "agent" of the establishment, which gives grounds for the Trespass violation.

    You are incorrect.

    P.S. Are you going to charge an inanimate object with trespass?
     

    dprimm

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    Jan 13, 2013
    1,753
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    Just West of Indianapolis
    If there is a clearly posted sign in a conspicuous place, i.e. on/near the entrance, such as "No Firearms" or even posted hours, and you are found violating it, it is enforceable by arrest. Many places opt to have a "No Trespass" warning given by an LEO, that is documented and enforceable in the future, but if you read Indiana code for Trespass, I believe the signage would constitute an "agent" of the establishment, which gives grounds for the Trespass violation.

    Prove it. Law says otherwise.
     

    StandingReady

    Plinker
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    Oct 8, 2010
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    How am I incorrect? You are knowingly violating what you know to be their policy, which makes it trespassing.

    IC 35-43-2-2 Version a
    Criminal trespass; denial of entry; permission to enter; exceptions
    Note: This version of section amended by P.L.203-2013, SEC.25. See also following version of this section amended by P.L.158-2013, SEC.462, effective 7-1-2014.
    Sec. 2. (a) A person who:
    (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
    (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;

    b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
    (1) personal communication, oral or written;
    (2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public


    Law says what I said it did- Proved. Be better informed.
     

    actaeon277

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    Nov 20, 2011
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    Merrillville
    How am I incorrect? You are knowingly violating what you know to be their policy, which makes it trespassing.

    IC 35-43-2-2 Version a
    Criminal trespass; denial of entry; permission to enter; exceptions
    Note: This version of section amended by P.L.203-2013, SEC.25. See also following version of this section amended by P.L.158-2013, SEC.462, effective 7-1-2014.
    Sec. 2. (a) A person who:
    (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
    (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;

    b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
    (1) personal communication, oral or written;
    (2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public

    An agent, is not a sign or letter. Otherwise, when you are served a summons, they could just mail it to you.
    An agent, is a person. Hired, or contracted, but still a person.
     

    actaeon277

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    Nov 20, 2011
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    Merrillville
    How am I incorrect? You are knowingly violating what you know to be their policy, which makes it trespassing.

    IC 35-43-2-2 Version a
    Criminal trespass; denial of entry; permission to enter; exceptions
    Note: This version of section amended by P.L.203-2013, SEC.25. See also following version of this section amended by P.L.158-2013, SEC.462, effective 7-1-2014.
    Sec. 2. (a) A person who:
    (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
    (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;

    b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
    (1) personal communication, oral or written;
    (2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public


    Law says what I said it did- Proved. Be better informed.

    I forgot this.
    what manner sign is proscribed by law.
    Is it likely to come to attention, when people just walk into places and never read the sign that has a hundred lines on it.
     

    StandingReady

    Plinker
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    Oct 8, 2010
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    I forgot this.
    what manner sign is proscribed by law.
    Is it likely to come to attention, when people just walk into places and never read the sign that has a hundred lines on it.

    That's my point. The burden is on the individual to know that, and if it is posted in such manner, like with other rules, then it still applies. Not having read it is not a defense, and still leaves you in position of a LEGAL arrest for trespassing.

    -- "OR likely to come to the attention of the public." i.e. clearly posted, near an entrance.
     

    Lectric102002

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    Feb 25, 2013
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    .- ...- --- -.
    That's my point. The burden is on the individual to know that, and if it is posted in such manner, like with other rules, then it still applies. Not having read it is not a defense, and still leaves you in position of a LEGAL arrest for trespassing.

    -- "OR likely to come to the attention of the public." i.e. clearly posted, near an entrance.

    Are you a lawyer, or is this just your opinion ?

    Either way, I think you are wrong. We would have heard of a lot more arrests if this were the case. But, IANAL. JMHO.
     

    actaeon277

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    Ok. I've tried to look this up online, and I can't find anything "definitive". Mostly opinion.

    How about case law? What have the courts said?
    Surely in all this time, someone has been arrested for this?


    I did find this on the Indiana State website FAQs.
    http://iot.custhelp.com/app/answers...sion/L3RpbWUvMTM5MTEyMzkyNS9zaWQvSW9uU3VJTGw=

    [h=1]Are there places where it is illegal to carry a handgun even though I have a valid handgun license?[/h]Published 04/17/2013 11:48 AM | Updated 11/25/2013 08:59 AM
    Are there places where it is illegal to carry a handgun even though I have a valid handgun license?Yes, there are multiple places where it is prohibited by state statute and administrative code to carry a handgun even though you may have a valid license to do so. You should be attentive for signs warning of restricted areas especially when carrying firearms into public places. Some specific areas that prohibit the possession of firearms include, but are not limited to: School Property (reference IC 35-47-9), Airports and Aircraft (reference IC 35-47-6), Riverboat Casinos (reference 68 IAC 1-7-1).For more information on this topic visit ISP Firearms Licensing or contact us at isp@isp.in.gov






    I know it won't carry legal weight in court.
    Maybe someone could educate us about what the courts have said?
     

    StandingReady

    Plinker
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    Oct 8, 2010
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    The definitive part is that carrying a gun in certain places is outright illegal by state law (schools etc) as you pointed out. There is a separate issue of Trespassing in this thread, and that is a person's (business, organization, etc) ability to set additional restrictions on their property. The same can be said about smoking in an establishment that has a clearly posted "No Smoking" sign (prior to the state law). The issue is not just firearms, but doing anything that is against clearly posted conditions on private property. And what I posted is not just opinion. It is enforceable directly. Far more often than not however, the owner merely has the person removed and given an additional Trespass Warning, as also stated in the same statute. Any subsequent violations will result in criminal charges as the officer's Trespass Warning will be documented in their files.

    The law clearly states that someone has been "denied entry" by said signage, therefore the Trespassing has been met. Discretion is often used additionally in the form of the officer's extra warning, but that is unnecessary. My only point is that one would subject himself to the possibility arrest under the given circumstances. If you want more info on it, don't search for where the state says it's illegal to carry. You would specifically have to research Trespassing (with a firearm). It's just like having a clearly posted "No trespassing/soliciting" sign at the end of your driveway. If someone disregards it, they are subject to arrest.
     
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