Mike
Site Co-Founder
imported post
Applying the holding of this case, it appears possible that if a person believes that they have a right to remain on private or public property while carrying a gun, perhaps under the "law of innkeepers," or, per an AG opinion on college carry, then this may be a defense to a charge of trespassing, even if the charge was made after the person refused to leave the premises, or,ignored a conspicuous posting of said conduct.
Thoughts on this?
SNIP:
"Noting a lack of criminal intent, an Albemarle County judge has
acquitted a one-time political candidate charged with trespassing after
leafleting at a local shopping center....In a written order dated
Tuesday, Peatross stressed that his recent ruling does not reverse his
June decision to toss a civil lawsuit Collins filed against the shopping
center. The judge also said that his decision does not grant Collins
permission to distribute campaign literature on private property. “He no
longer has the good-faith basis to do so,” Peatross wrote....Meanwhile,
the civil suit that Collins filed against Shoppers’ World is headed to
the state Supreme Court on appeal."
http://www.dailyprogress.com/servlet/Satellite?pagename=CDP/MGArticle/CDP_BasicArticle&c=MGArticle&cid=1149191129543
http://www.dailyprogress.com/servle...icArticle&c=MGArticle&cid=1149191129543&path=
Applying the holding of this case, it appears possible that if a person believes that they have a right to remain on private or public property while carrying a gun, perhaps under the "law of innkeepers," or, per an AG opinion on college carry, then this may be a defense to a charge of trespassing, even if the charge was made after the person refused to leave the premises, or,ignored a conspicuous posting of said conduct.
Thoughts on this?
SNIP:
"Noting a lack of criminal intent, an Albemarle County judge has
acquitted a one-time political candidate charged with trespassing after
leafleting at a local shopping center....In a written order dated
Tuesday, Peatross stressed that his recent ruling does not reverse his
June decision to toss a civil lawsuit Collins filed against the shopping
center. The judge also said that his decision does not grant Collins
permission to distribute campaign literature on private property. “He no
longer has the good-faith basis to do so,” Peatross wrote....Meanwhile,
the civil suit that Collins filed against Shoppers’ World is headed to
the state Supreme Court on appeal."
http://www.dailyprogress.com/servlet/Satellite?pagename=CDP/MGArticle/CDP_BasicArticle&c=MGArticle&cid=1149191129543
http://www.dailyprogress.com/servle...icArticle&c=MGArticle&cid=1149191129543&path=