Trespassing

[dicksailor]

I saw this in another thread and didn't want to hijack that thread so here goes:

Ch4ck ? Ch33se.
has a sign posted, that claims it is trespassing, if armed.
I'll have to take a picture next time
but, usually, with the crowd blocking view and such
i dont see the sign, so i'm not sure if its only there on special occassions or what.
anyways, does that make it a trespassing charge

I'm curious to find out more about this. Can this actually hold up? Can they in fact charge you for trespassing just by posting a sign without physically asking you to leave.

I don't condone ignoring no firearm signs, but sometimes they post them in very inconspicuous locations and I'd be afraid I'd miss it. I've always had the thought in the back of my head that if I don't see the sign then all they can do is ask me to leave.

[Librarian]

IANAL but that doesn't look like it will fly.

It's about the same as prohibiting wearing a red shirt - that is, it is behaviorally based.

A property owner can ask someone to leave, based on behavior, as you say.

'Trespass', of course, is different from laws prohibiting carry in certain locations.

[bohoki]

i'm always a bit perplexed how people can get immediatly arrested opening a door to a roof on a skyscraper or one step over a railing but the police do nothing when someone comes on your property they just tell the person to leave

[nine mil thrill]

..my understanding is.....if the property is posted, then yes, it is trespassing. if a property owner verbally instructs you to vacate his property, there is no debate, you are then trespassing.

[Quiet]

Under CA's tresspassing laws [PC 602]...
... you have to be asked to leave the property and if you fail to do so, you can be charged with tresspassing. [PC 602(t)(1)]

A posted sign is not enough. You need to be asked to leave the property.



Penal Code 602
Except as provided in subdivision (u), subdivision (v), subdivision (x), and Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(t)(1) Entering upon private property, including contiguous land, real property, or structures thereon belonging to the same owner, whether or not generally open to the public, after having been informed by a peace officer at the request of the owner, the owner's agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner's agent, or the person in lawful possession, that the property is not open to the particular person; or refusing or failing to leave the property upon being asked to leave the property in the manner provided in this subdivision.

[tgriffin]

Even outdoors, livestock areas well marked at 100 ft intervals on fenceline...most times police will cut loose with warning unless proof of crime committed while trespassing or proof of intent to commit crime (burglary tools etc). Ask me how I know

[GrizzlyGuy]

Under CA's tresspassing laws [PC 602]...
... you have to be asked to leave the property and if you fail to do so, you can be charged with tresspassing. [PC 602(t)(1)]

A posted sign is not enough. You need to be asked to leave the property.

Entering an area with properly posted signs, whether asked to leave or not, is enough for a conviction for violating many of the paragraphs in PC 602. For example, see (p), (r), (u) and (v) or search for the word "posted".

Whether or not you could be convicted for violating this section by entering an area where the posted signs conditionally prohibit entry only for those in possession of a firearm is a different question and I don't know the answer.

[Quiet]

Entering an area with properly posted signs, whether asked to leave or not, is enough for a conviction for violating many of the paragraphs in PC 602. For example, see (p), (r), (u) and (v) or search for the word "posted".

Whether or not you could be convicted for violating this section by entering an area where the posted signs conditionally prohibit entry only for those in possession of a firearm is a different question and I don't know the answer.

However...
PC 602 (p), (r), (u) and (v) deal with posted signs in outdoor/agricultural/livestock areas and do not deal with buildings open to the public.

[Tripper]

thank you quiet,
thanks to the loud grizzly guy too.
i thought I recalled the needing a verbal request, and then it was trespass if you failed to leave.
on another note, for some reason, I always miss the sign, crowds, i'm kinda short, so, 'could' be only posted on occasion

[Burbur]

The posted signs at every entrance to our orchard are not enough for our local SD to even come out, nevermind give a warning.

I'd take my chances on the pizza place, worst they could do would be call 911 with a MWaG