Mike
Site Co-Founder
imported post
Steve in PA wrote:
Further, the enactment of (b.1.), notably surmized by Apajonas as occuring later in the life of the statute, limits summary offenses, grounded on, inter alia, the "last in time rule," to unlawful entry for evil purposes. (b.1.) should be read in my opion to thus limit (b)'s summary offense applicability to that conduct explicitly laid out in (b.1.). It can be said that (b.1.) explains the summary offense noted in (b).
As no cases have been set forth from any state's cases construing a no gun sign, or no gum chewing sign to bootstrap a criminal tresspass statute to enforce private rules of establishments otherwise holding themselves out to unregulated public entry, I think it fair to say that the law of tresspass is not welcoming to the idea of bootstrapping criminal tresspass statutes to enforce any and all private rules of conduct. Hence, time in time again it has been said that in a public place, one must be ordered to leave, or at least ordered never to enter in the first, e.g., Crosby, before criminal trespass attaches.
Now as for this baiting folks to enter the Old Country Bufett in Dickson City, and maybe tear off the alleged no gun sign on the way in, of course nobody is going to do that - why support an anti-gun establishment or cause trouble with the management such that the police are called? Come on.
But in my past I have "heard of" no gun rules in some malls, and sometimes have seen vague rules against weapons on mall "totum poles" after entering the mall (you know, those funny things sprouting up from time to time in some obscure mall corder announcing rules of conduct), yet I still carried there without really worrying about it, usually concealed, but not always (e.g., restaurants in VA where open carry is required). I was never asked to leave, nor would I object if asked to do so by an agent of the owner.
But I do kind of see a clear "no guns" notice on a discreet store or business (e.g., the AMC movie theaters' no gun signs on their doors) as like a picket line - and ya know, only scabs cross picket lines. I'd rather join the picketers and protest that establishment, or at least torture them with negative publicity until they take the sign down.
Steve in PA wrote:
Well, I would not go that far - the text of para (b) does indicate that a summary offense lies by merely unlawfully entering. But it is not clear at at all from the statute that a no gun sign serves notice such that entry wearing a gun is unlawful.
Further, the enactment of (b.1.), notably surmized by Apajonas as occuring later in the life of the statute, limits summary offenses, grounded on, inter alia, the "last in time rule," to unlawful entry for evil purposes. (b.1.) should be read in my opion to thus limit (b)'s summary offense applicability to that conduct explicitly laid out in (b.1.). It can be said that (b.1.) explains the summary offense noted in (b).
As no cases have been set forth from any state's cases construing a no gun sign, or no gum chewing sign to bootstrap a criminal tresspass statute to enforce private rules of establishments otherwise holding themselves out to unregulated public entry, I think it fair to say that the law of tresspass is not welcoming to the idea of bootstrapping criminal tresspass statutes to enforce any and all private rules of conduct. Hence, time in time again it has been said that in a public place, one must be ordered to leave, or at least ordered never to enter in the first, e.g., Crosby, before criminal trespass attaches.
Now as for this baiting folks to enter the Old Country Bufett in Dickson City, and maybe tear off the alleged no gun sign on the way in, of course nobody is going to do that - why support an anti-gun establishment or cause trouble with the management such that the police are called? Come on.
But in my past I have "heard of" no gun rules in some malls, and sometimes have seen vague rules against weapons on mall "totum poles" after entering the mall (you know, those funny things sprouting up from time to time in some obscure mall corder announcing rules of conduct), yet I still carried there without really worrying about it, usually concealed, but not always (e.g., restaurants in VA where open carry is required). I was never asked to leave, nor would I object if asked to do so by an agent of the owner.
But I do kind of see a clear "no guns" notice on a discreet store or business (e.g., the AMC movie theaters' no gun signs on their doors) as like a picket line - and ya know, only scabs cross picket lines. I'd rather join the picketers and protest that establishment, or at least torture them with negative publicity until they take the sign down.