Are You Going to Jail?

[GuyRelford]

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

You bet! I've been watching that thread and saw the commonality.

 

[zebov]

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

See, in this case I think the sign DOES carry weight... because the law explicitly gives it the authority to deny access. And if you enter someone's private property when denied access, that is trespassing. Trespassing is at least a Class A misdemeanor which is up to 1 year in jail and a $5,000 fine. Do I think you WOULD get jailtime? No. Do I think you COULD? Yes.

Of all the "is it legal" questions so far, this one has caught my attention the most because I was always under the assumption that a sign didn't mean anything, but the laws I am reading I interpret as saying they do in fact carry weight. Ahh! This is killing me!

 

[LPMan59]

you can be arrested for PI the second you step out the door. seen it happen. doesnt seem right to me...

 

[GuyRelford]

you can be arrested for PI the second you step out the door. seen it happen. doesnt seem right to me...

Legitimate point. But let's take PI out of the equation. Are you going to jail for a gun-related offense?

 

[INGunGuy]

you can be arrested for PI the second you step out the door. seen it happen. doesnt seem right to me...

But you would have to blow a .08 BAC to be presumed intoxicated as per Indiana Code before you would be arrested for PI. If you can carry on a conversation, pass a sobriety test, not be a beligerant AHOLE, then you should be just fine...

INGunGuy

 

[Eiffelman]

About the only thing he could be arrested for is not being able to read and comply. Local Town Ordinance, Larude, Alabama

 

[rich8483]

how many pages do these usually go before gunlawyer drops his estimate?

 

[eatsnopaste]

If you act within the law during the conversation with the LEO, I see no reason you should go to jail - legally or morally. A sign does not make law, it merely informs of the owner's opinions on what he wants on his land.

Does the owner have the right to ask you to leave? Yes.
Does the owner have the right to create a felony or misdemeanor that otherwise does not exist in law? No.

Property rights do not create law.

Can a police officer who has a positive response to his drinking question, smells alcohol and see's you in a drinking environment haul you in on a public intox charge...you bet. Otherwise i say you just have to leave...no harm no foul.

 

[Mgderf]

In a word, NO!

No arrest can be LEGALLY made for handgun possession in this case without prior request to leave the establishment.

 

[boman]

Are you going to jail for a gun-related offense?

NOPE

Could you be arrested for trespass?

YEP

Will you be arrested for trespass?

only if the alcohol clouds your senses and you don't leave when the officer asks

 

[techres]

See, in this case I think the sign DOES carry weight... because the law explicitly gives it the authority to deny access.

Gives authority to "an agent". A sign is not an agent. When I created an LLC I had to specify an agent and give their name. I could not choose the stop sign on the corner of main and 7th street.

A sign does not an agent make.

 

[Shadow]

Indiana Handgun Law - Bryan lee Ciyou Chapter 7 page 91 ,7.5 Carry in Business Establishment --in short owner has a right to hang a sign saying no handguns. page 94 7.6.4 Retail Establishmenst With " No Handguns Allowed" posted at Entry It would be improper to enter, and the Licensee would be subject to ejection for possession of a handgun thereat,,,FAILURE to leave once requested ,would subject the licensee to arrest for criminal trespass

 

[Steve]

Gotta go with:

Signs provide information. They do NOT create laws. No justifiable gun related arrest. However, it doesn't mean it can't happen

I would think that tresspassing would be difficult to enforce, being a busness that's open to the public, up to the moment one is asked to leave. At that point, gun or no gun, refusal to leave becomes tresspassing and the steel motel could easily become your temporary address.

"No Guns" sign on the door? Take your $ somewhere else. Why suppport the other side? Besides, the best way to win a fight is to avoid it in the 1st place.

 

[jamstutz]

No arrest for the gun, but it is very likely due to the fact that the responding officer does not know your level of intoxication without a test that he will impound your Glock 30, ask you to leave the bar and to pick up your handgun at the police department the next day. If you comply, there are no grounds for an arrest.

 

[ocsdor]

Technically, I believe you could be arrested based on the sign-posted portion of the trespass law; HOWEVER, no prosecutor is going to enforce it until you have had your "official warning" by law enforcement.

 

[Jack Ryan]

Jack,

Why should a person be jailed for seeing or not seeing a sign forbidding firearms since there is no Indiana Code expressly forbidding the carrying in a bar room or resturant that serves alcohol. Should a person be arrested for attempted DWI just because they are in a bar and have the ability to drive DWI?

INGunGuy

I see it as no different from a no tresspassing sign.

Doesn't matter if it's no guns or no blue shirts, the owner of the property decided he didn't want something on his property. He posted the warning as plain as you can make it to any human being who can read. Someone else decides they will ignore the warning and the property owner and make use of some one else's property as they see fit in defiance of the property owner.

They need a good beating and then jailed.

 

[Jack Ryan]

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?

Probably not if they just keep their mouth shut and leave when they are told to.

 

[Jack Ryan]

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.

You do not have to ask people to leave prior to arrest for hunting on private property with out permission. In fact it is common for the game warden to start ignoring your calls if you call him out there and then don't prosecute because it turns out to be a friend of a friend or a relative or neighbor who is tresspassing and it is not required the land be posted to prosecute. You are required to know the property boundary where you are hunting, the rest of the world is not required to educate you on your where abouts.

 

[Agent 007]

.

 

[Indy317]

Scutter,

IC 35-43-2-2 states that the person has been denied entry, so if the person's name was on a sign forbidding entry, then yes, they would be trespassing, but just coming onto the property with a handgun would not be a trespassing offense.

This would be up for the courts to decide. The law likely was written that way with "NO TRESPASSING!" signs in mind. The question in front of the judge(s) would be: Can signs ban certain groups, so long as those groups aren't members of any protected class? How detailed in nature can a sign get?