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Re: Interesting Legal Issue
Posted: Tue Feb 07, 2017 1:39 am
by Flightmare
Jago668 wrote:By no means a lawyer. You can get into a Costco without a membership. One of their gift cards, and (so I've been told) if you are buying alcohol. Never tested it, as I don't want to give them my business. Seems odd that I wouldn't be trespassing, but a member would be. Guess it really depends on the DA, judge, and jury you get if it goes there.
A person can use their pharmacy without a membership as well.
Re: Interesting Legal Issue
Posted: Tue Feb 07, 2017 8:15 pm
by Ameer
Jago668 wrote:By no means a lawyer. You can get into a Costco without a membership. One of their gift cards, and (so I've been told) if you are buying alcohol. Never tested it, as I don't want to give them my business. Seems odd that I wouldn't be trespassing, but a member would be. Guess it really depends on the DA, judge, and jury you get if it goes there.
If the building is posted with a 30.06 sign, it doesn't matter whether or not you're a member. On the other hand, if the business don't give 30.06 notice, a member isn't trespassing if they carry concealed there.
Re: Interesting Legal Issue
Posted: Mon Feb 13, 2017 4:11 pm
by MeMelYup
RossA wrote:Generally, in order to claim self defense, one must be in a place where he has a legal right to be. For example, the bad guy who broke into your house can't shoot back when you shoot at him and claim self defense. He is a trespasser, so he loses that defense.
Obviously, if you illegally carry past a properly posted 30.06/30.07/51% sign you are not legally on the premises. You are a trespasser.
But what if no signs are posted, and a place is not otherwise legally prohibited, but you have an agreement not to carry there? For example, you belong to a club, group, etc., and your membership agreement says "no firearms." Since there is no sign properly posted, you carry concealed anyway, and no one knows.
Now, one day you have to use your gun in what would normally be justified self defense. Are you legally on the premises or not? There are no legal signs posted, but you have the agreement saying that you won't carry.
Not sure I know the answer to this one.
You have stated "you have an agreement not to carry there? For example, you belong to a club, group, etc., and your membership agreement says "no firearms." As long as you are aware of the agreement, you are beholding to it. Now if you were unaware of the agreement, that would be a different story.
Re: Interesting Legal Issue
Posted: Mon Feb 20, 2017 11:27 pm
by Scott in Houston
Is the consensus that if you carry past a legit 30.06 sign either because you didn't see it or just decided to because you felt your safety was greater than a potential Class C ticket, that if you then have to defend yourself, you may not be able to defend yourself in court due to being a "trespasser"?
This doesn't sound right.
Re: Interesting Legal Issue
Posted: Tue Feb 21, 2017 1:13 am
by AJSully421
Any and all legal issues aside, if you are being prosecuted, that means that you won the gunfight.
Some things are WAY more important than others.
As a side note of great importance: How many angels can dance on a 30.06 sign???
Re: Interesting Legal Issue
Posted: Tue Feb 21, 2017 12:33 pm
by JustSomeOldGuy
AJSully421 wrote:Any and all legal issues aside, if you are being prosecuted, that means that you won the gunfight.
Some things are WAY more important than others.
As a side note of great importance: How many angels can dance on a 30.06 sign???
Speaking as the stereotypical lapsed-irish-catholic, I don't want angels to dance on the 06 sign, I want them to
STOMP on it!
