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Thread: Can parking lots be posted?

  1. #1
    Regular Member wimwag's Avatar
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    Can parking lots be posted?

    I forget exactly which business it was since I discovered it on a wrong turn, but I found this sign in Lake Delton.

    I thought I read somewhere on a post by MKEgak that posting a parking lot would be preemption. It also seems to be a property rights issue as my vehicle is private property and the owners of the bar have no legal right to search my vehicle.
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    well the sign is certainly confusing as to what is being noticed. I would take that sign to include the forested area only.

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    Regular Member wimwag's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    well the sign is certainly confusing as to what is being noticed. I would take that sign to include the forested area only.

    I had that same passing thought but I was parked across the roadway to take the picture and the ladies were yelling at me to get moving.

    This is the second lot I've seen posted. The first was the Tiffany Creek Elementary lot in Boyceville.

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    Quote Originally Posted by wimwag View Post
    I had that same passing thought but I was parked across the roadway to take the picture and the ladies were yelling at me to get moving.

    This is the second lot I've seen posted. The first was the Tiffany Creek Elementary lot in Boyceville.
    I would think that the law would put to onus on the poster to insure that no misinterpretation could be made by a normal observer....so I would personally igonore the sign just based on the confusing nature of the physical posting of the sign.

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    Campaign Veteran Running Wolf's Avatar
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    It seems likely that as the property owners they can forbid firearms on their property, even if it's a parking lot, or anything else for that matter. The law states the company cannot forbid an employee from keeping a firearm in their vehicle while on company premises, even if the vehicle is used for business purposes. The company can forbid an employee from having a firearm in the building.
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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    well the sign is certainly confusing as to what is being noticed. I would take that sign to include the forested area only.
    That's the kind of inane nit-picking that causes problems. The roadway that leads to the building is obviously part of the property, and the sign says no firearms allowed on the property. Seems to me that if you were cited for trespassing because you ignored the sign, and you told the judge that you thought it only pertained to the "forest," he'd laugh you right out of court (after levying the fine).
    Last edited by JamesCanby; 09-10-2014 at 02:33 PM.
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    Just pertains to 1911s.

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    Quote Originally Posted by JamesCanby View Post
    That's the kind of inane nit-picking that causes problems. The roadway that leads to the building is obviously part of the property, and the sign says no firearms allowed on the property. Seems to me that if you were cited for trespassing because you ignored the sign, and you told the judge that you thought it only pertained to the "forest," he'd laugh you right out of court (after levying the fine).
    And how would they arrest me? I'm armed of course.

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    Regular Member Primus's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    And how would they arrest me? I'm armed of course.
    Usually goes..... "Sir please turn around and place your hands behind your back...."



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    Quote Originally Posted by Primus View Post
    Usually goes..... "Sir please turn around and place your hands behind your back...."



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    Well, you called me Sir, indicating that I have authority over you. On your knees plebe !

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    Regular Member Primus's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Well, you called me Sir, indicating that I have authority over you. On your knees plebe !
    Wow easy brother its a g rated forum. Save that kind of stuff for our brethren from down south.

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    Quote Originally Posted by Primus View Post
    Wow easy brother its a g rated forum. Save that kind of stuff for our brethren from down south.

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    Its was G-rated ...you have a vivid imagination ...

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    Regular Member MKEgal's Avatar
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    943.13 is the trespass statute
    http://docs.legis.wisconsin.gov/stat...utes/943/II/13

    See section
    (1m) Whoever does any of the following is subject to a Class B forfeiture
    (b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee or out-of-state licensee if the owner's or occupant's intent is to prevent the licensee or out-of-state licensee from carrying a firearm on the owner's or occupant's land.

    So no, parking lots cannot be posted, neither can open land.

    Section (2)(am) talks about posting land against trespassing. The sign you pictured doesn't meet those requirements, and since it's in violation of (1m)(b) it's not enforceable.

    (2)(bm)(2)(b) does seem to allow posting "keep out, evil gun owner" signs to prevent access to land, but since it's a newer law which conflicts with an older, established law, I don't think it'd have any effect.
    At most, a court would have to sort it out.

  14. #14
    Regular Member MKEgal's Avatar
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    BTW, preemption (66.0409) only applies to gov't, not to private property owners.
    No local unit of gov't can have a firearm-related law which is more restrictive than state law.
    http://docs.legis.wisconsin.gov/stat...tes/66/IV/0409

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    Regular Member wittmeba's Avatar
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    wimwag - that is the same sign as at the Veteran's Administration posted at the entrance gates.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by wittmeba
    that is the same sign as at the Veteran's Administration posted at the entrance gates.
    IIRC, the VA has to quote the federal statute.
    The photo he posted looks very little like the signs at our local VA grounds, other than the gunbuster.
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    Regular Member wimwag's Avatar
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    Quote Originally Posted by MKEgal View Post
    IIRC, the VA has to quote the federal statute.
    The photo he posted looks very little like the signs at our local VA grounds, other than the gunbuster.

    Correct. It's a side street that comes around a curve. About 150 feet in and not visible from the main road. It's a bar or something. Like davidmcbeth noted, it's facing away from the trees.

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    Regular Member oliverclotheshoff's Avatar
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    That photo is of the new Marley's/ Reef restaurant and club. There are a couple of factories in the New Lisbon/ Mauston area that have sign posing their parking lots as well, I dont work there but I have family that does and they ignore the signs.
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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Its was G-rated ...you have a vivid imagination ...
    More sadistic than vivid, remember he is the one who enjoys hurting people putting on handcuffs...
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    Regular Member WalkingWolf's Avatar
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    Unfortunately you are not in the fourth district, in the fourth any search without RAS will be thrown out. Even if you are a felon. US v Black
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    Quote Originally Posted by WalkingWolf View Post
    More sadistic than vivid, remember he is the one who enjoys hurting people putting on handcuffs...
    He should not do that .... people in handcuffs do not stay in handcuffs forever ... he should be as polite and civil as can be IMO, for his own personal safety.
    Last edited by davidmcbeth; 09-14-2014 at 11:41 PM.

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    Regular Member Primus's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    He should not do that .... people in handcuffs do not stay in handcuffs forever ... he should be as polite and civil as can be IMO, for his own personal safety.
    Good thing I am polite and civil. Thought you were smarter then to listen to his drivel....

    And I'm pretty secure in my safety.... Thanks though I appreciate your sincere concern for my life.



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    Quote Originally Posted by Primus View Post
    Good thing I am polite and civil. Thought you were smarter then to listen to his drivel....

    And I'm pretty secure in my safety.... Thanks though I appreciate your sincere concern for my life.



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    Regular Member Primus's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I prefer the days of getting a clunk on the head and then being released back into the wild.
    Believe it or not even though a lot of young kids swear how horrible they have it and how much abuse is rampant there's actually less of those "clunks" due to cameras, law suits, etc.

    I'll never forget the time I placed a drunk guy in PC. He said "ok I'm ready for it" I asked ready for what? He honestly thought we were going to beat him for no reason once he was cuffed. I was floored. He was an older gentleman so he had been through that era. I explained to him we were actually doing him a favor by giving him a warm dry place to sleep the night. No "clunk" necessary.

    That interaction will stay with me my entire career.

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    Regular Member OC for ME's Avatar
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    Quote Originally Posted by oliverclotheshoff View Post
    That photo is of the new Marley's/ Reef restaurant and club. There are a couple of factories in the New Lisbon/ Mauston area that have sign posing their parking lots as well, I dont work there but I have family that does and they ignore the signs.
    https://maps.google.com/maps?biw=168...d=0CKoBEPIBMA8

    There is another sign posted at the front drive entrance, just forward of the green van.
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