Are You Going to Jail?

[rich8483]

well the first thing i came up with is the guy gets charged with grand theft auto b/c the owner of the bar bribes the officer to bring about a charge thats not real.

seriously though, trespass or if the officer wants to be a dick, public intoxication as if no one else at a BAR is drinking.

 

[Denny347]

For trespass...no, unless you refuse to leave when asked while the officer is there. Now you could be arrested for PI depending on how intoxicated you are and if you are making an arse of yourself.

 

[redneckmedic]

For trespass...no, unless you refuse to leave when asked while the officer is there. Now you could be arrested for PI depending on how intoxicated you are and if you are making an arse of yourself.

That sounds like officer discretion to me. I think a lot of people get confused with letter of the law and diffusal, or letting one off in a situation. That was kind of my point to. Like getting out of a speeding ticket. The posted limit is clearly 55mph.......

 

[tyrajam]

NOPE! No arrest here. No law was broken by carrying into the bar, just the owners personal rules were broken. It's just like if you wear a t shirt into a club that requires collars. They have the right to tell you to leave, but you can't be arrested because no law was broken. If you refuse to leave, then you could be arrested. Who knows if they would try to arrest you, somehow otherwise sane people can lose all common sense when they see a scary gun.

 

[redneckmedic]

I see no gun signs on hospital doors all over Indy... no law, just rules...right? Even with armed security guards? Thats my guess.

 

[Disposable Heart]

I second that, they didn't stand there and tell you to take off at the door.

 

[WHAT HAPPENED]

I second that, they didn't stand there and tell you to take off at the door.

that is what she told me

all kidding aside i would hope they would arrest me, cause i would be getting rich $$$$$$$$$$ then donating the money to the NRA

 

[MACHINEGUN]

Was I drinking with SE?

What's that have to do with any of this.. except you harrassing another member of this board constantly.

 

[rambone]

No law = No arrest.

 

[SavageEagle]

I have to agree with no, they can't arrest you for trespassing. At least, I would like it to be that way. Technically the owner said if you have a gun, you're not welcome, with the sign. So would that be your warning to leave? I wouldn't think so, but then again, there's no solid answer to this.

Also, about the PI charge, can they really arrest you for PI cause you walked out the bar to get in or wait for a ride FROM the bar? Technically, if you're on their sidewalk/parking lot you're still AT the bar. Right? If the owner says off his property, and you're not being beligerant to the officers, surely the officers could "hold you" until your ride shows up, right?

 

[public servant]

all kidding aside i would hope they would arrest me, cause i would be getting rich $$$$$$$$$$

If I had a dime for every time I've heard this.

 

[WHAT HAPPENED]

If I had a dime for every time I've heard this.

yea i know, but it is the people that dont know the law are the ones that get ram rodded

 

[Denny347]

Also, about the PI charge, can they really arrest you for PI cause you walked out the bar to get in or wait for a ride FROM the bar? Technically, if you're on their sidewalk/parking lot you're still AT the bar. Right? If the owner says off his property, and you're not being beligerant to the officers, surely the officers could "hold you" until your ride shows up, right?

YES. You can be arrested INSIDE the bar for PI. Any business open/or accessible to the public meets the definition. Residential (house/apartment) is the exception. If you are at a house/apartment that is either yours or you are there with permission, you cannot be arrested for PI.

 

[henktermaat]

I vote no jail, just going off the fact that their sign isn't a state law, and there is no law barring alcohol and carrying a legal gun.

That said, PD could be clueless about the law and itching to throw some power around...

 

[lowriderjim]

Maybe I have spent to much time in bars (earlier days) but if a bar bans guns then that is when want to have a gun.

I agree with the earlier comment that is good ankle rig is very easy to conceal and if the cant see it they shouldnt know you have it.

If you are waist carrying I take extra care in concealment in this situation.

 

[zebov]

I think you will be in trouble for trespassing.

IC 35-43-2-2
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;
commits criminal trespass, a Class A misdemeanor.

The question here is only whether you have "been denied entry by the other person or that person's agent." Luckily for us, "denied entry" is defined just below that:

(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; or
(3) a hearing authority or court order

You've been informed by a "notice at the main entrance in a manner that is likely to come to the attention of the public" that you are not allowed to enter while carrying. This section says nothing about that notice having to specifically name you.

From these sections, I vote, yes, you are in trouble for trespassing.

 

[GuyRelford]

You folks raise a great question about Public Intoxication - so let's take that out of the equation. The only issue is: are you going to jail on a charge related to your possession of a firearm?

 

[INGunGuy]

I think you will be in trouble for trespassing.

IC 35-43-2-2
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;
commits criminal trespass, a Class A misdemeanor.

The question here is only whether you have "been denied entry by the other person or that person's agent." Luckily for us, "denied entry" is defined just below that:

(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; or
(3) a hearing authority or court order

You've been informed by a "notice at the main entrance in a manner that is likely to come to the attention of the public" that you are not allowed to enter while carrying. This section says nothing about that notice having to specifically name you.

From these sections, I vote, yes, you are in trouble for trespassing.

That may be true, but upon summoning LEO, LEO then would ask said carrier to vacate the premises, and if that is all, and the person leaves, it may be considered trespass, but the person should not be arrested since they complied with LEO.

Lets say someone is taking a hike and they by accident stumble onto private property, LEO may be summoned by the landowner and the person detained until it is determined the persons intent. If it were an accident that the person was on the property, they would be told to leave, or given assistance to get off the private property.

Our question is not one about firearms in particular, it is about trespass law, and how one would decipher what is on the notice at the main entrance. And all the person would have to do would be to indicate that they didnt see the sign, which again carries no weight of law, the person would be asked to leave, and if the person left, then nothing more would come of the situation.

INGunGuy

 

[zebov]

You folks raise a great question about Public Intoxication - so let's take that out of the equation. The only issue is: are you going to jail on a charge related to your possession of a firearm?

When you give the final answer to this question, could you also talk about the legality of entering a bank with a sign that says "No firearms" per https://www.indianagunowners.com/fo...3-indy_fifth_third_bank_no_carrying_sign.html

 

[INGunGuy]

You folks raise a great question about Public Intoxication - so let's take that out of the equation. The only issue is: are you going to jail on a charge related to your possession of a firearm?

The NO, you would NOT be arrested only because you have your firearm on you in a bar, there is no law forbidding it, and since signs carry no weight of law, then you would not be arrested for having a handgun in a bar room.

INGunGuy