Yes. You would be wrong.
Note that there is nowhere in IC 35-43-2 a qualifier that the agent in question must be explicitly empowered to make decisions regarding the business's no-firearms policy, just that the person be an agent of the owner/manager, keeping in mind that the Criminal Trespassing statute is generic, not firearms specific. There need be neither a specific no-firearms policy, nor, indeed, any explicit policy whatsoever, under which a security guard is empowered by their employer to ask you to leave for it to be criminal trespass for you to refuse such a request. The security guard could even be explicitly denied, by their employer, the authority to ask people to leave. (This is just a thought experiment here. I'm not suggesting that any security guard anywhere might actually be so contractually impaired.) Doesn't change the refusal to obey a request to leave the property by the security guard from a violation of the criminal trespass statute. If a guard is overstepping their contractual bounds with their employer, that is a civil matter for you to take up with their employer.
The only time I would question whether the person telling me, "GTFO and take yer GD gun widcha!" has proper authority to give such an order would be when the person barking such an order is a LEO. If the owner/manager has, indeed, empowered the LEO to act as his agent in such a matter, then it's legal. GTFO. If the LEO has no such authority given them my the owner/manager, then they are just being a JBT and are governed by:
The odd thing is we had an OC Meet and Eat at the Tilted Kilt in January on that same property. That Chik-fil-a was the other restaurant we discussed having it at.
I am curious as to what Chik-fil-a management says there about this policy.
Do you think the founding fathers envisioned watching groups of men making out while waiting in line with hundreds of people to purchase a processed chicken burger for $6.00?
My wife and I took at ride last night to eat dinner at the Chik-Fil-A outside of Southlake Mall.
Outside and around the main mall building there are several outbuildings. One is Gander Mountain, one is a ShowPlace (move theater), one is Chik-Fil-A, and there are several others.
There were several hundred people in line at the Chik-Fil-A, an organized event to show support for the restaurant chain. Due to the increased traffic, the Chik-Fil-A parking lot was closed and patrons were parking in the main mall parking lot. Mall security was directing traffic, there were a lot of pedestrians walking from their cars to stand in the line, which looped around 3 sides of the Chik-Fil-A restaurant a couple of times.
During the first 30-45 minutes several security guards walked passed me in the crowd, a couple of them looked at me (I assume my piece too) but went on about their business. After we had been in line nearly an hour one of the security guards approached me and asked if I was a police officer. I said no. At this point he had only noticed my magazine carrier on my left side. He asked if I was also wearing a gun in addition to the magazines. I said, yes I am carrying a gun. He said I would have to put it back in my vehicle. I asked why, I have an Indiana License to Carry. He told me that Chik-Fil-A is on Southlake Mall property, and so their policy prohibiting guns still applies. I asked if covering the gun would be acceptable to him. He said no, that they had already had one "incident" today, I did not ask for details. At this point I complied with his request, because I was on their property. I did express to him that in my opinion these kind of policies are responsible for the type of incident that just occured in Aurora, and that I would be writing a letter to Westfield Management expressing my displeasure and would not patronize any of the stores in their mall.
On the way home my wife and I talked about it, and reflected on the state of our society in which two men could hold hands or kiss on Southlake Mall property without being harrassed, but a citizen practicing his Constitutional rights is openly discriminated against.
From what I've read in other threads, this is not a Chik-Fil-A policy issue. My problem is with Southlake Mall and Westfield.
Is there anything I should do besides writing a letter to the management and not shopping at Southlake (which I haven't done in ages anyway)?
Should I have handled the situation any differently?
Best line in this entire thread! Rep inbound!Quite possibly Benjamin Franklin.
I get tired of hearing OC ers complain. Yeah, it sucks and it shouldn't happen. But you know it will. Hell, I would bet half the guys that do it HOPE it will happen. Have a way to respond, know your rights, and get used it. If you don't want the sheep to freak don't let them see it. If you don't care if they see it, you shouldn't be surprised how they respond.
I get tired of hearing OC ers complain. Yeah, it sucks and it shouldn't happen. But you know it will. Hell, I would bet half the guys that do it HOPE it will happen. Have a way to respond, know your rights, and get used it. If you don't want the sheep to freak don't let them see it. If you don't care if they see it, you shouldn't be surprised how they respond.
There is a distinction here which most in America these days fail to realize. You can disagree with something and that is fine. You're welcome to your opinion, as is everyone else. The problem comes when you try to force that belief/opinion onto others whether it is by government legislation, property rights, etc. It is wrong if you force it onto others. Keep it to yourself and let others live how it suits them (so long as it doesn't infringe on YOUR rights) and call it a day. In the end, that is what this country was SUPPOSED to be about.
I've OC'd at Gander and Red Robin. Never thought about it being Mall property.
Oops.
I get tired of hearing OC ers complain. Yeah, it sucks and it shouldn't happen. But you know it will. Hell, I would bet half the guys that do it HOPE it will happen. Have a way to respond, know your rights, and get used it. If you don't want the sheep to freak don't let them see it. If you don't care if they see it, you shouldn't be surprised how they respond.
I've OC'd at Gander and Red Robin. Never thought about it being Mall property.
Oops.
Both the kissing guys/girls and the carrying of personal protection sidearms are part and parcel of American liberty. It's the height of hypocrisy to support the one and abhor the other or abhor the one and support the other.