Attorney Article on HB 60 and Criminal Trespass

OldWoreOutMarine said:

In layman's terms does that mean the sign prohibiting firearms on the front door of say the local bank does not mean much?

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Section 1-5 of H.B. 60 amended subsection (c) of O.C.G.A. § 16-11-127, adding the underlined language as follows:
(c) Except as provided in Code Section 16-11-127.1 [regarding school safety zones], a license holder shall be authorized to carry a weapon…in every location in this state not listed in subsection (b)[1] or prohibited by subsection (e)[2] of this Code Section; provided, however, that private property owners or persons in legal control of private property…shall have the right to exclude or eject a person who is in possession of a weapon or long gun on theirprivate property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.
Based on this revised statutory language, private property owners may only "exclude or eject" a license holder carrying a firearm from their property after giving the individual notice to depart in accordance with O.C.G.A. § 16-7-21(b)(3), Georgia's criminal trespassing statute.[3] Furthermore, it is doubtful that a generalized, posted "No Firearms" sign would constitute sufficient notice under H.B. 60 or § 16-7-21(b)(3) to lawfully prohibit all persons seeking to enter onto the particular property with a firearm from doing so. Given that H.B. 60 specifically replaces the phrase "shall have the right to forbid possession of a weapon…on their property," with "shall have the right to exclude or eject a person who is in possession of a weapon…on their private property," the change appears to have been intended by the legislature to prevent such outright firearm bans. Instead, the law now appears to require written or oral notice, by or on behalf of a property owner, which is specific to the person being excluded or expelled. Thus, under the new Georgia gun law, it appears that a company or other private property owner may not preemptively prohibit the carrying of firearms on its private property by the public in general, but rather it may only ask a person carrying a weapon to leave, after the fact, under threat of a criminal trespassing charge.

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rabbivj said:

I think based on this paragraph...they interpret this as signs do NOT carry legal weight...

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Tinkerhell said:

I was unable to read such signs twice this morning - my wife's dr's office and waffle house. openly carried in both in front of all the various employees. Not a person bothered to ask me or my gun to leave. The Dr's office was the best - it didn't say guns were prohibited or "no weapons allowed" just claimed that Ga Law prohibited guns or blades in medical facilities. LOL.
I thought about posting a sign saying it the speed limit on the I-16 was 150mph and see if that would make it true.

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legacy38 said:

Criminal trespass requires specific and individualized notice. A general sign does not constitute such notice.

Now, if you read such a sign, acknowledged it, went in anyone, and then admitted such, a case might could be made at that point.

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mark5019 said:

Exactly what I've been told

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legacy38 said:

I've posted here eleventy-dozen times...

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