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You aren't really suggesting that your local friendly cult member, who arrives at your door on Saturday morning with literature to inform you, erroneously, that Christ was a created being rather than the Creator, should be forced at gun point into a jail cell for stepping through your open door without your express permission and saying, "Hello? Is anybody home?"

Are you?

:?:
 

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Well, yes, I think that is exactly what I'm saying. :D

I think it is kinda creepy that they could come into your house and sit in your living room until you wake up just because you left the door unlocked.
 

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Sledgehammer
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Absent case law to the contrary, it seems to me that a simple sign forbidding firearms cannot create notice required under the trespassing statute. After all, entry is not prohibited -- carrying a firearm is what is "prohibited." The same person without a gun is permitted to enter at that time. Indeed, if we are talking about a commercial establishment, he is "invited" to enter (meaning the legal definition of "invited"). He just is asked (by the sign) not to carry.

If I go barefoot into a restaurant (for the purpose of eating) that has a sign saying, "shirt and shoes required," am I a trespasser? If I walk into a store (for the purpose of shopping) at 9:55 a.m. when the sign on the door says "closed" and another sign on the door says the store opens at 10 a.m., am I a trespasser?

I think the answer to both questions is "no." In the first example, entry is permitted, but I must wear shoes (just like in the case of when I must not carry a gun). In the second example, entry arguably is not permitted, because the store is not open for business. But I would argue that the signs saying the store is closed and that I am there outside of business hours are insufficient notice that I am forbidden from entering under penalty of prosecution for trespassing.

In both cases, there are signs that say I should not enter under the circumstances that I am entering (just like carrying a gun in "defiance" of the no carry sign), but who would say that constitutes a trespass?
 

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So based upon your position, what would be proper notice? An agent of the business telling you directly (assuming you're not deaf)?

"No, sir. I didn't think I was prohibitted from entering the jewlery store simply because the door was locked and the lights were off. I thought the owners just made a mistake so I used my lock picks to enter and browse." :twisted:
 

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Burglary (entering a building with the intent to commmit a theft or felony inside)

I think the DA could get a jury to go along with that one.
 

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An agent of the owner, who properly identifies himself and tells you to leave - yes, you had better leave.

I would not wait around for the police to arrive.

It does not really matter what his reason is - just go.
 

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Sledgehammer
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A locked door, lights off, well after hours also are pretty good indications that you are not permitted to enter. You may not fit the elements of trespassing, but as MP points out, your intent to commit a theft or felony might reasonably be inferred from the circumstances. You won't have to worry about prosecution for trespassing when the state has a juicy burglary case against you.
 

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I think the confusion about "No Concealed Weapons" signs is coming from the fact that many states (such as South Carolina, for example) include places that post signs in the list of off-limits areas listed in the statute. Georgia's statute does not do this.
 

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No, Regal Cinemas just doesn't like firearms on their property. Regardless if a sign law exists or does not.

We are just fortunate that in Georgia that sign means nothing, and if you are concealing correctly they will never know anyway.
 

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That was my point: a sign in Georgia means little other than tl expressthe property owner's desire to not have firearms on the premises. In other states, posting a sign is important because it makes the place off-limits under the statute.
 

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spectre056 said:
That was my point: a sign in Georgia means little other than tl expressthe property owner's desire to not have firearms on the premises. In other states, posting a sign is important because it makes the place off-limits under the statute.
Ok, I thought you meant the cinema was confused for posting the sign.
 
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