Rusty
Regular Member
imported post
I am not advocating refusing to leave a business when asked to leave by the owenr for open carrying, but I was reading CPC 626.1
Heller determined that the right to bear arms is an individual right protected by the 2nd amendment to the United States Constitution.
So am I incorrect as reading this as, if you are bearing arms (as per your 2nd amendment right) you cant be trespassed for that?
I wonder this because I am pretty sure if I walk into a store and hand out flyers to a competitors store, they can ask me to leave, and I will get trespassed if I do not, but I am exercising my 1st amendment rights in that case?
I am not advocating refusing to leave a business when asked to leave by the owenr for open carrying, but I was reading CPC 626.1
(a)Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner's agent, or by a peace officer acting at the request of the owner or owner's agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c)This section shall not apply to any of the following persons:
(1)Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2)Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
Heller determined that the right to bear arms is an individual right protected by the 2nd amendment to the United States Constitution.
So am I incorrect as reading this as, if you are bearing arms (as per your 2nd amendment right) you cant be trespassed for that?
I wonder this because I am pretty sure if I walk into a store and hand out flyers to a competitors store, they can ask me to leave, and I will get trespassed if I do not, but I am exercising my 1st amendment rights in that case?