• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Gun-buster signs in Indiana... truly no force of law?

CathyInBlue

Regular Member
Joined
Jan 30, 2009
Messages
22
Location
Terre Haute, Indiana, USA
Somewhere here on OC.org, I clicked on this link: http://handgunlaw.us/states/indiana.pdf
It contains the following on page 5:
“No Firearm” signs in Indiana have no force of law unless they are posted on property that is specifically
mentioned in State Law as being off limits to those with a Permit/License to Carry. If you are in a place not
specifically mentioned in the law that is posted and they ask you to leave, you must leave. If you refuse to
leave then you are breaking the law and can be charged. Even if the property is not posted and you are asked
to leave you must leave. Always be aware of the possibility that responding Police Officers who may have
been called without your knowledge and may not know the laws on trespass etc. could arrest you even if you
are within the law.
I beg to differ.

IC 35-43-2-2
Criminal trespass; denial of entry; permission to enter; exceptions
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
(2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
[...]
(b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public; or
(3) a hearing authority or court order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36.
[...]
(f) Subsections (a), (b), and (e) do not apply to the following:
[...]

I read the bolded parts to indicate that a conspicuous "NO FIREARMS", "NO WEAPONS", or gun-buster sign at the main entrance means anyone ignoring it and entering the property anyway is committing criminal trespass in the state of Indiana. There is no need to wait for an employee to notice you carrying, asking you to leave, and you refusing for the trespass statute to apply to you and your actions. If you are carrying a weapon in an establishment so posted at its main entrance (merely posting at auxiliary entrances not being sufficient to engage this statute) and come to the notice of police, you can already be arrested for trespassing, even absent the owner of the establishment or the owner's agent having called them and complained.

There is nothing in subsection (f) about the 2nd Amendment to the US Constitution; Art. 1, Sec. 32 of the Indiana Constitution; or lawful carry of arms in any fashion. In fact, it seems predominantly about railroad property.
 

cce1302

Regular Member
Joined
Aug 8, 2008
Messages
265
Location
South Bend, Indiana, USA
In order for your interpretation to be true, you would have to show that a firearm is a "person" under 35-43-2-2. "No firearms" does not prohibit a person from entering. It merely suggests that the owner does not wish a firearm to be present.

You can't post a notice to an inanimate object, only to a person. A "No Trespassing" sign would qualify as denial of entry. A "No guns" sign would not, because it does not notify a person that he is trespassing if he enters.
 
Top