[ICP_Juggalo]

Had a chance to patronize this theater over the Christmas holiday. They had signs at the ticket counter explaining their policies. About halfway down the sign they have the revolver with the red slash and had the following text: "YOU ARE PROHIBITED FROM CARRYING FIREARMS OR CONCEALED FIREARMS IN OR ONTO THESE PREMISES."

Why the discrimination towards firearms? I guess that means I can carry my 26 inch samurai sword with me next time, since they don't say they prohibit those. :roll:

 

[seajay]

send it to me and I will host the picture.

[email protected]

 

[Malum Prohibitum]

Needs to be added to the sticky.

 

[Malum Prohibitum]

The theater nearest to me had a similar sign and suffered a highly publicized armed robbery anyway . . .

 

[Gunstar1]

I added Arbor Place to the list of places with signs posted.

This is the second Regal Cinema to be listed, do they have a corporate policy against firearms?
__

Malum is talking about this:
http://www.wsbtv.com/news/4605994/detail.html
(I made sure to keep a link to the news report)

 

[Broadside Bob]

Do these signs carry any weight?

I didn't think these signs carried any legal force in GA. Management (being the owner, manager, or a security guard) has the right to ask you to leave if you're packing, and you can be charged with trespassing if you don't, but they have that right whether there's a sign or not. My understanding is they can ask you to leave for any reason (race, religion, natural origin, wearing a hat, having a beard, being a redhead, whatever). That is, a private business has a right to do business with who they please.

Even if it's someplace where you can't legally carry, wouldn't a sign only be considered a "courtesy" warning since carrying is already illegal there?

 

[ICP_Juggalo]

I added Arbor Place to the list of places with signs posted.

This is the second Regal Cinema to be listed, do they have a corporate policy against firearms?

Being a former employee years ago, they do have a no weapons policy, but it applies to any kind of weapon or anything that can be converted into a weapon, which is why I don't understand "firearms" is specifically listed as being banned and not just weapons.

The company I work for now also has a no weapons policy and in a sense it is somewhat stricter than Regal's. The policy is as follows " No person or associate, except for an authorized individual, while on company property, company provided parking areas, or while attending company sponsored events, shall posses, offer to sale, or carry openly or concealed any weapon or intimidate or harrass any associate or any other person with a weapon. For the purpose of this policy, the term weapon shall include but not be limited to; firearms, handguns, ammunition for any firearm, knives with blade longer than 4 inches, and any other device than can be used in an offensive or defensive means. The term "Authorized Individual" shall mean any on duty sworn law enforecement officer or security officer performing company assigned duties. This policy is not affected by "right to carry" legislation. Any associate caught in violation of this policy will be immediately put on administrative leave pending an investigation to be conducted by Human Resources and Loss Prevention with disciplinary action up to and including termination. Management on duty during the incident is to record the associate's name, SSN, description of the weapon, and serial number of the weapon if applicable. Management is not authorized to try and take possession of a weapon from an associate. If the associate becomes uncooperative, ask them to leave. If they refuse, then contact the police for assistance."

The policy goes on further to say that if an associate is suspected of possessing a weapon that the company can ask the associate to submit to a search of their person and/or their vehicle if it is on property, and if the associate refuses to submit a search, then it will result in their immediate seperation. The policy doesn't state what to do if a person other than an associate is discovered carrying a weapon on the premises, even though the policy does say that "no person" shall carry a weapon. I have never noticed any signs at any of the locations I have been too. But the policy is there, I don't know if it is enforced onto the customers or not.

 

[Gunstar1]

The CCity in Rome had one of its anti-theft sensors malfunction yesterday. It detected my XD-40 going in and coming out.

I did not pay any attention to if the store was posted or not. I have to make myself look for signs. I remember about half the time.

 

[glocked_n_loaded]

isn't a fact that private signage in georgia is not enforcable except by a trespass if you refuse to leave..if you get caught with it in the first place???? and either way you keep your GFL?

 

[geaux_tigers]

I know I've seen assertions on threads here that indicate signs posted in businesses only express the wishes of management and violating those wishes do not, in and of themselves, constitue a violation of Georgia statues.

malum or jrm, are you guys aware of any cases where this has been ruled on?

 

[Gunstar1]

The only way to lose the GFL is to fall into one of the reasons a license would be denied.

Trespassing is not listed.

Generally, the store manager will ask you to leave the store or they will call the police and the police will ask you to leave the store. If you refuse, then you are trespassing.


I doubt their will be any binding court cases, as first you would have to refuse to leave the store and get charged. Then you would have to sue the probate court for not issueing the renewal license. Then whoever won would then have to appeal. Only after an appeal decision would it become caselaw and I just don't think that has or will happen anytime soon.

 

[gunsmoker]

Trespassing

Sure, if they ask you to leave and you refuse to leave (or even DELAY your leaving to tell them how wrong they are...) you can be arrested for trespassing. That's a misdemeanor crime. Staying after the property owner / manager or an authorized agent thereof tells you to go is trespassing. See O.C.G.A. 16-7-21 (b).

Now, a related interesting question is what effect posting a "NO CARRYING WEAPONS" sign would have as to the issue of giving proper notice that entry is forbidden. Certainly if the manager says to you in person, to your face, "Don't come into my store. I forbid it, because you have a gun," that's sufficient notice. But what if instead of saying that YOU are forbidden, he simply says YOUR WEAPON is forbidden, but you are welcome as a customer as soon as you disarm? Is that any different, if you choose to disregard him and carry concealed into his store?
What if the sign explicitly said: "Holders of Concealed Carry Permits are Forbidden from This Property-- Any Entry Will be Prosecuted as Trespass." Now at that point, that sign has given you a very specific warning. If you enter, will that BE trespass? Or would it take somebody verbally telling you to get out, and giving you one last chance to leave?

I don't know the answer. I've tried to find a case that clarifies the effect of a "no trespassing" sign in Georgia, and I could not find such a case, but even if I did, a "no trespassing" sign may not be legally the same as a "no carrying of weapons" sign.

 

[geaux_tigers]

Re: Trespassing

Now, a related interesting question is what effect posting a "NO CARRYING WEAPONS" sign would have as to the issue of giving proper notice that entry is forbidden.

This is my concern. Guess I did a poor job of articulating my question.

 

[Malum Prohibitum]

Re: Trespassing

What if the sign explicitly said: "Holders of Concealed Carry Permits are Forbidden from This Property-- Any Entry Will be Prosecuted as Trespass." Now at that point, that sign has given you a very specific warning. If you enter, will that BE trespass? Or would it take somebody verbally telling you to get out, and giving you one last chance to leave?

I don't know the answer. I've tried to find a case that clarifies the effect of a "no trespassing" sign in Georgia, and I could not find such a case, but even if I did, a "no trespassing" sign may not be legally the same as a "no carrying of weapons" sign.

I could not find such a case, either, but I can tell you this much. I did not see the sign. And you cannot prove that I did. Therefore, it is of no more effect than if I were deaf, and the manager, standing behind me, told me to leave.

:wink:

 

[geaux_tigers]

Re: Trespassing

What if the sign explicitly said: "Holders of Concealed Carry Permits are Forbidden from This Property-- Any Entry Will be Prosecuted as Trespass." Now at that point, that sign has given you a very specific warning. If you enter, will that BE trespass? Or would it take somebody verbally telling you to get out, and giving you one last chance to leave?

I don't know the answer. I've tried to find a case that clarifies the effect of a "no trespassing" sign in Georgia, and I could not find such a case, but even if I did, a "no trespassing" sign may not be legally the same as a "no carrying of weapons" sign.

I could not find such a case, either, but I can tell you this much. I did not see the sign. And you cannot prove that I did. Therefore, it is of no more effect than if I were deaf, and the manager, standing behind me, told me to leave.

:wink:

10-4 :wink:

 

[Malum Prohibitum]

I thought I found one with a sign, but when I read it further, this was just one thing testified to by the police officer in addition to the fact that he issued her a criminal trespass warning and told her she would go to jail if she ever came back on the property (Emory).

She came back (she's a protestor).

She crossed over the barricades while the officer was on a megaphone telling her she would go to jail if she crossed over the barricades.

So, the sign was a small part of it.

 

[Malum Prohibitum]

Criminal trespass statute says it is a violation if a person:

(2) Enters upon the land or premises of another person . . . after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

(3) Remains upon the land or premises of another person . . . after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.

Kind of hard for a sign to present proper identification. :wink:

 

[geaux_tigers]

Criminal trespass statute says it is a violation if a person:

(2) Enters upon the land or premises of another person . . . after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

(3) Remains upon the land or premises of another person . . . after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.

Kind of hard for a sign to present proper identification. :wink:

There must be some language that stops someone from walking into my house, getting into my car, or hanging out in my fenced backyard without invitation, right? Where is this in the code?

 

[Malum Prohibitum]

Not without criminal intent.

The intent to commit some crime while there . . .

The person damages the property . . .

If the entry is not for an unlawful purpose, and there is no notice given, then there is no crime.

Either an unlawful purpose, damage, or notice is an element of the crime.

It also applies to your car. In the statute above, the omitted portion is "or into any part of any vehicle, railroad car, aircraft, or watercraft of another person."

 

[geaux_tigers]

Not without criminal intent.

:shock:

Hmmm...

If I forget to lock my back door and someone enters my house without my permission with a gun, he should just claim that I told him he could hunt for birds in my backyard [16-11-128(a)] then it becomes my word against his. Or better yet, when the alarm goes off just hide the gun and wait for the police to arrive cuz they won't be able to do anything. Forget the unlocked door; maybe he could break the door down and then claim he though he heard someone screaming for help but it turns out it was the TV (which he conveniently turned on). While he was at it, he could sue me for falling in my house just for good measure... :shakehead:

Sorry to get off topic. Sometimes my imagination gets the best of me.