No Firearms Sign at Church's Chicken

[Hkindiana]

You might be surprised if you talk to an actual officer about your belief in your trespassing signs.

Where do you think that information came from?

 

[sj kahr k40]

Don't get me wrong, I CC with my permit, and I love the rights that I have which allow me to do so. However, I respect others rights with regards to their private property. I find it ironic that the same people who scream for their rights to not be taken away, are so willing to disregard others rights when it suits them. So you as a hunter think you have the right to trespass on my private property and hunt, even though i have it clearly posted that you can't, simply because you have a hunting license? It's the SAME scenario. You as a LICENSED hunter have the right to hunt on private property when the landowner allows you to. Otherwise, your license is useless on his private property.

We are talking about a business not hunting

I fail to follow your logic

 

[IndyMonkey]

Where do you think that information came from?

Im guessing the air.

 

[sj kahr k40]

Where do you think that information came from?

From a misinformed LEO?

 

[ATM]

Here's one of a thousand threads on the topic:

https://www.indianagunowners.com/fo..._self_defense/108685-no_firearms_allowed.html

I picked one that at least contained both sides of the debate.

 

[Hkindiana]

We are talking about a business not hunting

I fail to follow your logic

We are talking about our rights to go onto other peoples PRIVATE property because we have a piece of paper that says we can carry a gun

 

[singlesix]

Well here is the IC that covers Hunting:

IC 14-22-10-1
Consent to use private land
Sec. 1. A person may not:
(1) fish, hunt, trap, or chase;
(2) shoot with any kind of firearm or archery equipment;
(3) search for or gather any plant life (defined as the members of the kingdoms Fungi and Plantae); or
(4) search for or gather any artifacts (as defined in IC 14-21-1-2);
upon privately owned land without having the consent of the owner or tenant of the land.
As added by P.L.1-1995, SEC.15. Amended by P.L.186-2003, SEC.59.

So it clearly states that you have to have permission to hunt.

 

[sj kahr k40]

Well here is the IC that covers Hunting:



So it clearly states that you have to have permission to hunt.

And says nothing about going to get chicken while carrying

 

[IndyMonkey]

I didnt see the sign, I thought this was uncle bills property officer.

That means I didnt knowingly trespass.

 

[singlesix]

And says nothing about going to get chicken while carrying

Search for Fried Chicken Trespassing ... zippo

 

[glock2010]

this is for churches

 

[ATM]

this is for churches

Bashing of a religious nature is no longer tolerated.

 

[Hammerhead]

How about bashing of a chicken nature? Church's chicken sucks. So does KFC. So does most commercial chicken.

 

[stephen87]

@ ATM

I'm going to check tomorrow if it's a company policy or just that store. Heck, Shelby and Troy? They might as well have an armed guard on duty 24/7.

 

[IndyMonkey]

How about bashing of a chicken nature? Church's chicken sucks. So does KFC. So does most commercial chicken.

Not all of us have our house high enough on wheels to keep the chickens from pooping on the porch.

 

[INGunGuy]

The thing I find interesting, is no one has picked up on how they also state the sidewalks that surround the property. When did they get to decide on public property? I don't go to church's chicken normally because of their locations.

INGunGuy

 

[Bill of Rights]

The SIGN is in effect asking you to leave, so if you ignore it, then you ARE trespassing

Guys, here's the IC on Criminal Trespass:

IC 35-43-2-2
Criminal trespass; denial of entry; permission to enter; exceptions
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;
(3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;
(5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without the person's consent;
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad carrier's consent; and (B) rides on the outside of a train or inside a passenger car, locomotive, or freight car, including a boxcar, flatbed, or container without lawful authority or the railroad carrier's consent;
(7) not having a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is:
(A) vacant or designated by a municipality or county enforcement authority to be abandoned property; and
(B) subject to abatement under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
(8) knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a person can observe the order when the property:
(A) has been designated by a municipality or county enforcement authority to be a vacant property or an abandoned property; and
(B) is subject to an abatement order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36;
commits criminal trespass, a Class A misdemeanor. However, the offense is a Class D felony if it is committed on a scientific research facility, on a key facility, on a facility belonging to a public utility (as defined in IC 32-24-1-5.9(a)), on school property, or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.
(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 under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36.
(c) A law enforcement officer may not deny entry to property or ask a person to leave a property under subsection (a)(7) unless there is reasonable suspicion that criminal activity has occurred or is occurring.
(d) A person described in subsection (a)(7) violates subsection (a)(7) unless the person has the written permission of the owner, owner's agent, enforcement authority, or court to come onto the property for purposes of performing maintenance, repair, or demolition.
(e) A person described in subsection (a)(8) violates subsection (a)(8) unless the court that issued the order denying the person entry grants permission for the person to come onto the property.
(f) Subsections (a), (b), and (e) do not apply to the following: (1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the performance of official duties.
(3) A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties.
(4) A person going on railroad property in an emergency to rescue a person or animal from harm's way or to remove an object that the person reasonably believes poses an imminent threat to life or limb.
(5) A person on the station grounds or in the depot of a railroad carrier:
(A) as a passenger; or
(B) for the purpose of transacting lawful business.
(6) A:
(A) person; or
(B) person's:
(i) family member;
(ii) invitee;
(iii) employee;
(iv) agent; or
(v) independent contractor;
going on a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrier to go on specified railroad property.
(8) A representative of the Indiana department of transportation while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration while engaged in the performance of official duties.
(10) A representative of the National Transportation Safety Board while engaged in the performance of official duties.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.43; P.L.151-1989, SEC.12; P.L.242-1993, SEC.2; P.L.164-1993, SEC.11; P.L.1-1994, SEC.168; P.L.259-1999, SEC.3; P.L.158-2009, SEC.7; P.L.88-2009, SEC.4.

The bolded and underlined section would seem to indicate that Hkindiana is correct that to enter a place with a sign forbidding the carry of firearms could lead to a charge of that offense without personal notification. Actually, the way it's written, if it's posted at the main entrance and you entered via some other door, you could still be charged, though I would guess that that would be far more defensible in court.

My question is why you would want to patronize an establishment that clearly does not want your money? Hand them a "no gun=no bucks" card and let 'em talk to your backside as you head out the door.

Concealed means concealed, but that would still be violating the law and I'd never advise someone to do that.

Blessings,
Bill

 

[sj kahr k40]

In this case the sign is not at the entrance so carrying there is legal, according to the law.

BOR thanks for posting this, I truly thought a person had to be specifically asked to leave before they were trespassing

 

[IndyMonkey]

Im was wrong...Im shocked.

I found some Indiana cases that said the same thing about the signs on a house that people trespassed in.

I couldnt find anything for property.

The officers I talked to in the past said that the first time you are caught on property you get the free pass, second time your a criminal.

 

[Hammerhead]

IANAL, but I don't think the criminal trespass counts in this instance. They do not state that it is trespassing, nor do they deny you entry for carrying a firearm. They simply state that it is prohibited. This does not hold weight of law in IN. They would have to tell you to leave for doing a "prohibited" activity.

If they stated on the sign that if you were not allowed entry if you were doing one of their prohibited activities, that would fall under the trespass code posted by BoR.

There's also probably a problem stating that they don't allow guns on the sidewalks owned by the city. That sign is full of fail.