Results 1 to 9 of 9

Thread: Private Property?

  1. #1
    Regular Member
    Join Date
    Dec 2006
    Location
    Back on the beach, , USA
    Posts
    285

    Post imported post

    Im sure its been said somewhere around here before, but i was wondering what all constitutes private property? If a store owner asks you to leave because you are carrying or whatever and not to come back or else he will arrest you for tresspassing, obviously you cant go back there anymore, but what about the parking lot? How far do you have to go to not be tresspassing?

    Are corporate stores such as wal-mart, best-buy, etc. considered private property?

    I cant think of any other questions but maybe someone else will have one about private property.

  2. #2
    Regular Member
    Join Date
    Dec 2006
    Location
    Hampton, Virginia, USA
    Posts
    495

    Post imported post

    I come to think of "private property" as "if it's not mine, it's private property".

    In otherwords, unless YOU rent it, bought it, or are paying for it, it's private property.

  3. #3
    Regular Member
    Join Date
    Dec 2006
    Location
    Back on the beach, , USA
    Posts
    285

    Post imported post

    What about a place like wal-mart which has a corporate policy that ALLOWS guns in the store. can a manager still tell you to leave and do you have to comply without repercussions even though the corporate policy says you can be there?

  4. #4
    Regular Member
    Join Date
    Jun 2006
    Location
    , ,
    Posts
    1,169

    Post imported post

    It's not simply a matter of what is or is not private property but also what invitation or license has been issued to come onto the property. Looked at in a very simplified way:

    private property, not open to the public = your home

    private propterty, generally open to the public (perhaps with restrictions) = Wal*Mart

    public property, not open to the public = CIA Headquarters

    public property, generally open to the public = Route 7

    You would need to statea specific factual case to get a definitive answer.

    Distinguish between ownership and access.

    PackininVB wrote:
    Im sure its been said somewhere around here before, but i was wondering what all constitutes private property? If a store owner asks you to leave because you are carrying or whatever and not to come back or else he will arrest you for tresspassing, obviously you cant go back there anymore, but what about the parking lot? How far do you have to go to not be tresspassing?

    Are corporate stores such as wal-mart, best-buy, etc. considered private property?

    I cant think of any other questions but maybe someone else will have one about private property.

  5. #5
    Regular Member
    Join Date
    Dec 2006
    Location
    Back on the beach, , USA
    Posts
    285

    Post imported post

    Well i had read where people had been in walmart and the uninformed manager tells them to leave, can they say, "no, im not leaving, its not your corporate policy" ? or would could they still get arrested for tresspassing even with their policy?

    And if you did leave, can you stay in the parking lot? I got told by some best buy employees to leave (which after an email to their corporate offices i found out was not their policy) and i stayed in the parking lot waiting on my buddy and nobody said a thing.

  6. #6
    Regular Member VAopencarry's Avatar
    Join Date
    May 2006
    Location
    The 'Dena, Mаяуlaпd
    Posts
    2,147

    Post imported post

    If you refuse to leave you can be charged with trespassing. Regardless of corporate policy, if he/she calls the police, you get in trouble. Now you may be able to get WalMart to drop the charge when it all gets sorted out.

    The manager represents WalMart, the manager doesn't want a phone call from corporate asking him/her why they are throwing law abiding citizens out of the store. So when you get tossed out of a place complain to their corp. office. But to refuse to leave at the time, you are playing with fire. jmo
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  7. #7
    Founder's Club Member Tess's Avatar
    Join Date
    Jun 2006
    Location
    Alexandria, Fairfax County, Virginia, USA
    Posts
    3,765

    Post imported post

    PackininVB, it's never a good idea to press the issue just for the purpose of making a point if you aren't absolutely certain of your legal standing. Perhaps this is the crux of your issues.

    I've never looked up the penalty for trespassing. Should I want to test the issue - that is, refusing to leave after being asked - I would avail myself of public records and familiarize myself with the law before acting out of bravado.

    Just something you might consider


    PackininVB wrote:
    Well i had read where people had been in walmart and the uninformed manager tells them to leave, can they say, "no, im not leaving, its not your corporate policy" ? or would could they still get arrested for tresspassing even with their policy?

    And if you did leave, can you stay in the parking lot? I got told by some best buy employees to leave (which after an email to their corporate offices i found out was not their policy) and i stayed in the parking lot waiting on my buddy and nobody said a thing.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

  8. #8
    Regular Member
    Join Date
    Dec 2006
    Location
    Back on the beach, , USA
    Posts
    285

    Post imported post

    I understand completely and wouldnt press the issue. Once when i was at Target, some cart-boy told me i couldnt take a gun in the store, i asked to talk to a mangaer and over the phone i educated her on the laws. She said shed rather me not carry but couldnt stop me. Now what if this kid had said no i couldnt talk to the manager or something and that i had to leave, would i have been in my right to tell him that im going to continue shopping and if he wants me to leave to have a manager come find me?

    Who has the autority to tell you to leave? obviously a manager, what about some dumbass cashier? a 15 year old cart boy?

    One other question i still have is the parking lot still considered the property of the store?

  9. #9
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Virginia, USA
    Posts
    236

    Post imported post

    I think that would depend on the situation. A standalone walmart can have you escorted from the parking lot if you refuse to leave (just ask the kids in their hondas). But from what I understand, most of the small strips are leased land. While some control is delegated to each store, none of them really own it.

    think about the issues that would crop up if a single store in a strip mall decided to call the police everytime a white van parked in the lot because they had a policy against it. Would the police actually be willing or justified to remove the vehicle IF the owner had a valid reason for being in the parking lot (shopping at another store)?

    With non-threatening issues in an apartment complex you have to have the management call to do anything about them...

    this would seem to reflect something about public access lots. Your rights on leased land open to the public would definately be something to talk to a lawyer about.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •