trespassing an open business

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    A lot of times when there's a negative OC'ing issue some members bring up the Rosa Parks bus incident making the point that just being black back then was the same as OC'ing is now (as far as public acceptance goes). So if you apply that same thinking to the thread that I'm guessing this is mostly in reference to, would anyone be saying "their property, their rules" if the manager was asking the patron to leave just because he was black? It's not always their property their rules....

    Uh yeah, I don't think being black and OC'ing are even remotely related.
    There's a choice in one, and none in the other. The alternative to OC is CC, the Alternative to being black is....? Micheal Jackson? That's waaaay too expensive to pull off me thinks.
     

    RandomName

    Marksman
    Rating - 0%
    0   0   0
    Aug 15, 2012
    214
    16
    Not a lawyer, and definitely not an expert, but the Indiana Code says "not having a contractual interest in the property, "

    Having a contractual interest with a business and having a contractual interest in the property are two different things.

    I have a contract to pay Bank X my mortgage. That doesn't give me any contractual right to their property. I have a contractual agreement with my tenants to pay me rent, but that doesn't give them any rights to the properties that they don't rent (like my home office).

    To expand "contractual interest" to the extent some here are suggesting would basically mean I could move into my bank's lobby and live there until they evicted me because I have a checking account there.
     

    Indy317

    Master
    Rating - 100%
    1   0   0
    Nov 27, 2008
    2,495
    38
    A lot of times when there's a negative OC'ing issue some members bring up the Rosa Parks bus incident making the point that just being black back then was the same as OC'ing is now (as far as public acceptance goes). So if you apply that same thinking to the thread that I'm guessing this is mostly in reference to, would anyone be saying "their property, their rules" if the manager was asking the patron to leave just because he was black? It's not always their property their rules....

    Any member is free to violate the Indiana Code at will, and use their money, or maybe funds from NRA, ACLU, etc., to fight the charges. We are just starting in with gun laws and rights. So far we pretty much have a ruling that says we get to own modern firearms in our homes and their are such things as reasonable restrictions. As more and more cases go through the courts, it is only then will we know where we all stand. Oh, and we need to remember we only got the Heller ruling in our favor by one vote.
     

    Bung

    Marksman
    Rating - 100%
    2   0   0
    Sep 11, 2012
    253
    18
    Anderson
    Their rules!

    Same as No Shirt - No Service. It doesn't have to be posted and they can make up a new rule daily.
    Some coffee joint in Washington (I think) wouldn't serve a cop and kicked him out of the shop. It was his right to do so for whatever he didn't like about him.

    If your saying you have a right to be there because money has already been exchanged - still, no.
    They can change the rules to fit their needs and maybe they didn't notice the gun till after you sat down, then acted on it.
    Like if you sat to eat and decided to take off your shirt, out you go.

    They can pick on anything they want and you don't have to agree with it.

    I would love for a shop to only allow gun carriers in. That would be awesome. :):

    I think no shirt and no shoes is a health department regulation. I've always wondered why it says nothing about pants or shorts.
     

    Compuvette

    Marksman
    Rating - 0%
    0   0   0
    Jul 29, 2012
    208
    16
    NE Indiana
    A lot of times when there's a negative OC'ing issue some members bring up the Rosa Parks bus incident making the point that just being black back then was the same as OC'ing is now (as far as public acceptance goes). So if you apply that same thinking to the thread that I'm guessing this is mostly in reference to, would anyone be saying "their property, their rules" if the manager was asking the patron to leave just because he was black? It's not always their property their rules....

    Can't stop being black. Can't untuck your shirt to cover it. Can't leave it in the car either.

    Again, I freaking hate people trying to link the OC movement to the civil rights movement.

    Just a fat, white, middle-aged white guy for what it's worth.
     

    SmileDocHill

    Grandmaster
    Rating - 100%
    61   0   0
    Mar 26, 2009
    6,180
    113
    Westfield
    From another thread:

    Quote:

    Originally Posted by You'll shoot your eye out
    Thanks kirk, for the links. I am just trying to figure out what's going on here.

    ssblair, I would like to be as secure in my person as I am in my home. As I read the state constitution it seems that I should be, yet plainly I am not.

    The more laws we enact the worse off we are getting. The weight of legislation is weighing our rights down when no laws are proper or needed.

    I don't understand any of it.

    My reply:

    I think, and I may be wrong, I may see where you are getting confused. I'm not a lawyer so my logic may be entirely wrong. Since I'm not a lawyer, though, I think I understand your question from a different perspective.
    In overly general terms I think the principals behind the laws can be boiled down as follows...
    The constitution and 2A recognize, spell out, and ID your rights but that is in the context of the relationship between citizens and the citizen government.
    The government is not, however, the only authority a person may be under at any given time. As a guest, customer, employee, or otherwise non-owner entering or existing on privately owned property I should (and to a big extent legally have to) respect the wishes of the property owner (employer). If property owner rights didn't exist like this then mob rule, gov., or someone other than YOU are going to be able to tell you what you can or can't do or allow on your property.

    The problem arises when a property owner makes a rule about how people should behave on the owners property (no problem so far) that results in having a huge affect on how the guests behave beyond the property.
    If a rule has an affect that controls the behavior of others beyond the "jurisdiction" of the rule maker then there is an issue.

    In the case of the parking lot law, owners were saying " it is my property here is my rule...no guns blah blah blah". The problem is that by abiding by that rule you were forced to be limited in your behavior not only at work but on the way to and from work. The parking lot law was made to solve the problem of employers making gun rules that affected employees behavior beyond the scope of a business or property owner.

    It basically says look, even though the parking lot is your private property, if you prevent employees from having guns in their car you have caused them to be without elsewhere also. It is a little bit not right that we (the law) are telling you to allow this on your property but it would be more not right for you to control their actions beyond their employment, so here is how it is going to work..enter the law here.

    They added the law that prevents employers from being able to even ask about guns to keep employers from gaming the system and firing people (for other official reasons of course) for having them. If you don't want them to know you have them it should be really hard for them to legally find out.
     

    AndersonIN

    Master
    Rating - 100%
    1   0   0
    May 21, 2009
    1,627
    38
    Anderson, IN
    But he has a point. CC is the superior way to carry.

    OC is for attention-whoring idiots.

    I am not a WHORE! I do like the attention and I'm not to bright.......but NOT a WHORE!
     

    GodFearinGunTotin

    Super Moderator
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    1   0   0
    Mar 22, 2011
    51,069
    113
    Mitchell
    But he has a point. CC is the superior way to carry.

    OC is for attention-whoring idiots.

    I am not a WHORE! I do like the attention and I'm not to bright.......but NOT a WHORE!

    If you get paid, you're not a whore. If you're doing for free, well, yes you are:D
     
    Top Bottom