What if I have to shoot in a gun free zone

[Swapfoot]

This is a good thread and I would like to ask about a more likely scenario, statistically speaking. What if someone were carrying in a private business where it was clearly marked prohibiting carry. The proprietor discovers the violation and presses charges. Could this lead to a violation that would result in suspension or other infringement of the carry permit? What criminal or civil implications are likely? Thanks for input.

Thanks,

Greg

 

[ArcadiaGP]

This is a good thread and I would like to ask about a more likely scenario, statistically speaking. What if someone were carrying in a private business where it was clearly marked prohibiting carry. The proprietor discovers the violation and presses charges. Could this lead to a violation that would result in suspension or other infringement of the carry permit? What criminal or civil implications are likely? Thanks for input.

Thanks,

Greg

The proprietor has no grounds to press charges. They can ask you to leave, and if you do not, it's trespassing. Otherwise, just saying "He has a gun and he's in my private business" isn't enough to press charges.

As far as trespassing... I don't think that's a strong enough violation to rid you of your LTCH... but someone else will answer that part.

 

[gunman41mag]

I was in baby's r us yesterday (against my will) and got to thinking. If a situation would happen where I would have to shoot, is there any difference on the legal side as if it happened in a store without a no gun sign?

My advice is "Better to be tried by 12 than carried by 6"

 

[cosermann]

The reasonable force statute "IC 35-41-3-2 Use of force to protect person or property" ...

Cathy posted a reference to one of the relevant portions of the IC back in post #10. Note this language in IC 35-41-3-2 Sec. 2 (c) (2):

"if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary."

Think that might come in handy?

 

[Timjoebillybob]

The proprietor has no grounds to press charges. They can ask you to leave, and if you do not, it's trespassing. Otherwise, just saying "He has a gun and he's in my private business" isn't enough to press charges.

As far as trespassing... I don't think that's a strong enough violation to rid you of your LTCH... but someone else will answer that part.

Generally speaking you are correct, but a attorney or two on here have said that in their opinion a sign could be worded such that entry with a firearm would legally constitute trespassing. A general no guns, or a "gun buster" pistol with a slash though it would not, a sign along the lines of "Firearms forbidden, anyone with a firearm is denied entry" might.

 

[ArcadiaGP]

Generally speaking you are correct, but a attorney or two on here have said that in their opinion a sign could be worded such that entry with a firearm would legally constitute trespassing. A general no guns, or a "gun buster" pistol with a slash though it would not, a sign along the lines of "Firearms forbidden, anyone with a firearm is denied entry" might.

Is the onus on you to read every sign on a door before entering? I think a "Oh, I didn't see it." would suffice.

Unless you sign an agreement or membership with the store, and that agreement states they are a gun-free store... I'm still not sure the sign would matter... but yeah, lawyer might find a way.

 

[Timjoebillybob]

Is the onus on you to read every sign on a door before entering? I think a "Oh, I didn't see it." would suffice.

Unless you sign an agreement or membership with the store, and that agreement states they are a gun-free store... I'm still not sure the sign would matter... but yeah, lawyer might find a way.

I'd say it would depend, is the onus on you to read every sign I have posted on my property to see if one of them says no trespassing? If you entered on to someones property that had a no trespassing sign, do you think a simple "Oh, I didn't see it." would suffice. Or do you think it would only matter if it was posted in a way likely to come to the attention of people?

What exactly are prosecuting attorneys?