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Concealed carry in stores and shops with "No Weapons" signs

since9

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We are discussing here what does or does not constitute criminal actions...


18-4-504. Third Degree Criminal Trespass.
(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.


Yes, we are discussing criminal actions, so congratulations, you get an A on that one. Not so much with the rest of your post.
 
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Logan 5

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18-4-504. Third Degree Criminal Trespass.
(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.


Yes, we are discussing criminal actions, so congratulations, you get an A on that one. Not so much with the rest of your post.

Here ya go. I helped you.
 

Kingfish

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Here ya go. I helped you.
And C.R.S. 18-4-201 defines "unlawfully enters" as used in in all of C.R.S. 18-4
"the person defies a lawful order not to enter or remain, personally communicated to him or her"

Unless you also believe a post it note stuck on the door with "no guns" written in crayon is a PERSONAL communication. If so, I can help you no further.
 

since9

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Here ya go. I helped you.

Lol, Thanks! How does one get off this merry-go-round? Every time I answer one criticism, instead of carrying on an intelligible conversation, they merely jump to the next criticism. When they run out, they cycle back with ones they're already used, like the "personal" ploy! :lol:

Here's a personal message for them: (withheld by reason of sanity).

Bottom line, they're misconstruing "personal" with "oral." Personal messages can be conveyed face-to-face, by speaking (oral), or by letter (as in a personal letter) or by signage (written) intended not for the masses, but only for those carrying firearms. All "personal" means is "conveyed from one person to another person." It does not require the message to be conveyed "in person." If that's what the legislators had meant to say, C.R.S. 18-4-201 would read, "the person defies a lawful order not to enter or remain, communicated to him or her in person..."

But that's not the way it reads. Instead, it reads, "A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person."

As for a precedent constantly demanded by the antis, I visited my neighbor again, and he said one was right there on Michie (now LexisNexis, dammit - they suck): "Theater manager's office in a completely enclosed space within theater not "open to public" for purposes of subsection (3) of this section. Defendant's use of a pretense to gain entrance to manager's office indicates that he was aware that the office was not open to public and was therefore "unlawfully entering" premises. People v. Ridenour, 878 P.2d 23 (Colo. App. 1994)."

The precedent set by People v. Ridenour is one of awareness. Put simply, "he was aware that the office was not open to the public and was therefore 'unlawfully entering' premises."

Assume your favorite mom and pop shop put up a "No Firearms" sign. Assuming A) it's clearly visible at the entrance (or all entrances, if there's more than one entrance) and B) you can read, the judge would rationally* conclude you would be aware of the sign and its meaning upon entry. If you willingly ignore the sign, you are, by virtue of C.R.S. 18-4.201 and People v. Ridenour, "'unlawfully entering' [the] premises."

This is the way the law works, folks! If you don't like it, write your legislator.

If if owned and store and posted a "No Firearms" sign**, here's what I'd do:
1. First offense - Ask you to leave the store and next time mind the sign. I'd also set aside the videotape for reference.
2. Second offense - Ask you to leave the store and never come back. I'd take this and the previous videotape to the police and file a complaint.
3. Third offense - Logically and rationally assume you either had no regard for the law, or you were an irrational individual incapable of understanding and following the law. In either case, I would immediately call the police and tell them an armed person is in my store who has been asked to leave twice before and told to never return.

I'd do that because I'm a rational person. Most store-owners are also rational people. Around here, the vast majority of store-owners would never post their premises, and neither would I.

Those who keep arguing that the law says what they want it to say are not only disrespecting the rights of property owners, but they're making irrational choices. I and other rational people are naturally concerned when someone who carries a firearm continually makes irrational choices involving the use of a firearm. We can "logically and rationally assume you either have no regard for the law, or you are an irrational individual incapable of understanding and following the law."

*In criminology, the rational choice theory adopts a utilitarian belief that man is a reasoning actor who weighs means and ends, costs and benefits, and makes a rational choice.

**I would never post my store unless it was involved in a type of business either requiring disarmament, or where doing so would be prudent.
 

wrightme

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Lack of understand of basic legal principles does indeed appear to be in short supply on this thread, Kingfish.

As does good manners and sound decorum.
I suggest that, if the occasion arises, you NOT enlist the services of your neighbor if you require a criminal defense attorney. He quite obviously does NOT know how to read statutes.
 

wrightme

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"open to the public" allows entry. It isn't unlawful to enter a business that is open to the public. The relevant statute verbiage specifies that it REQUIRES the owner/agent to 'personally communicate', not 'post a "we don't want some people to enter" sign.'




You are flat out incorrect, and are receiving bad legal advice from your neighbor.
 

since9

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I suggest that, if the occasion arises, you NOT enlist the services of your neighbor if you require a criminal defense attorney.

I see. So you're saying I should take the advice of an unknown out-of-stater on some message forum over my own personal cognizance developed over 49 years of successful adulthood, more than twenty of which were gleaned as a successful officer in the U.S. Air Force, about the advice given me by a successful career (35-year) criminal defense attorney, whose advice matches case law (People v. Ridenour, 878 P.2d 23 (Colo. App. 1994) and has been corroborated by two others lawyers, two judges, and a property crime specialist in the local police department, all of whom say the exact same thing?

Let me think about that for a second...

No.

"open to the..."

The remainder of your post makes it clear you're not open to anything I've said, much less responding to my post, but are merely parroting two others here who're also making irrational choices involving the use of a firearm.

That I can forgive.

What I can't forgive are those who disrespect the rights of others, in this case property owners, and who either have no regard for the law, or are irrational and incapable of understanding and following the law. We have a word for these types of people in our society: Criminals. Some know the law and break it anyway. Others don't know the law as they're breaking it. Some of the latter think they know it, are "dang sure!" they know it, but they're still wrong. Either way, they're still breaking the law, and in the case of trespass here in Colorado, it's a criminal violation.

If you want to be a criminal, go right ahead! Continue to think and act as if you're right -- I'll read about you in the news.

What's sad is when you behave like a criminal, ignoring clearly posted signs and ******* off store-owners, those store owners will treat you like criminals. Our Second Amendment Rights aren't clad in stone. They're subject to amendment any time Congress amasses enough votes, and our state Constitution and our Revised States are also subject to change. The more you disrespect the store owners, the more they'll lobby our legislature encouraging them to disrespect your right to keep and bear arms.

In addition to being criminal, that's just stupid! Don't be stupid -- Please heed the signs.

Thanks.
 
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wrightme

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I see. So you're saying I should take the advice of an unknown out-of-stater on some message forum over my own personal cognizance developed over 49 years of successful adulthood, more than twenty of which were gleaned as a successful officer in the U.S. Air Force, about the advice given me by a successful career (35-year) criminal defense attorney, whose advice matches case law (People v. Ridenour, 878 P.2d 23 (Colo. App. 1994) and has been corroborated by two others lawyers, two judges, and a property crime specialist in the local police department, all of whom say the exact same thing?
Okay, you must be correct, since you were an officer. :rolleyes:
since9 said:
Let me think about that for a second...

No.



The remainder of your post makes it clear you're not open to anything I've said, much less responding to my post, but are merely parroting two others here who're also making irrational choices involving the use of a firearm.

That I can forgive.
There is nothing to forgive. I have been in these discussions here before.

since9 said:
What I can't forgive are those who disrespect the rights of others, in this case property owners, and who either have no regard for the law, or are irrational and incapable of understanding and following the law. We have a word for these types of people in our society: Criminals. Some know the law and break it anyway. Others don't know the law as they're breaking it. Some of the latter think they know it, are "dang sure!" they know it, but they're still wrong. Either way, they're still breaking the law, and in the case of trespass here in Colorado, it's a criminal violation.
Huh? Now you went off into left field.
How is it that someone is supposedly breaking a law when a sign does not consist of 'notice of trespass' for a business open to the public?
since9 said:
If you want to be a criminal, go right ahead! Continue to think and act as if you're right -- I'll read about you in the news.

What's sad is when you behave like a criminal, ignoring clearly posted signs and ******* off store-owners, those store owners will treat you like criminals. Our Second Amendment Rights aren't clad in stone. They're subject to amendment any time Congress amasses enough votes, and our state Constitution and our Revised States are also subject to change. The more you disrespect the store owners, the more they'll lobby our legislature encouraging them to disrespect your right to keep and bear arms.

In addition to being criminal, that's just stupid! Don't be stupid -- Please heed the signs.

Thanks.
I will review the case law you cite to see if it has relevance. Simply put, unless a property owner 'personally informs' someone that they are unwelcome in a business that is open to the public, a 'no firearms' sign does not carry the weight of law. Once the property owner 'personally informs' someone that they and their gun are not welcome, that person MUST leave, or be guilty of trespass. I do not see how it is that complying with that is somehow 'behave like a criminal,' or 'disrespect store owners.'


Do you have a good link to your case law cite? I am experiencing difficulty locating that case.


As for the bit you presented leading up to the ridenour cite, the manager's office isn't 'open to the public.' I see not how that is relevant to this discussion. Your neighbor's advice doesn't match case law, it only matches your opinion nicely. How did you coach your question to him? Simply put, under the trespass law, "open to the public" is just that, unless the property owner or agent indicates that you are not to remain. So far, no presented CO statute or case law gives the 'weight of law' to a gunbuster sign. It DOES give weight to trespass law concerning 'areas NOT open to the public.'


I challenge you, OR your lawyer friend to come up with ONE relevant case, were someone got arrested solely for passing one of these 'selective public' signs of ANY kind, whether it be 'no shirt, no shoes, no service,' 'no pets,' 'no blue shirts on thursday,' or 'no firearms.' Can you or your lawyer do that?
 
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since9

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Okay, you must be correct, since you were an officer.

plbbsplbssplbssss!

Huh? Now you went off into left field.

How is being disrespectful of the rights of others in "left field?"

How is it that someone is supposedly breaking a law when a sign does not consist of 'notice of trespass' for a business open to the public?

Read the post -- it explaineth all.

I will review the case law you cite to see if it has relevance.

Thank you for that.

Simply put, unless a property owner 'personally informs' someone that they are unwelcome in a business that is open to the public, a 'no firearms' sign does not carry the weight of law.

You're not reading the post...

Once the property owner 'personally informs' someone that they and their gun are not welcome, that person MUST leave, or be guilty of trespass.

That's the other half of the trespass law, but there's no disagreement on that aspect.

The disagreement involves posted signage and "unlawful entry."

I do not see how it is that complying with that is somehow 'behave like a criminal,' or 'disrespect store owners.'

Read the post...

Do you have a good link to your case law cite? I am experiencing difficulty locating that case.

Did you try Googling "People v. Ridenour" and "Colorado"? The Find-a-Case return has the relevant text.

As for the bit you presented leading up to the ridenour cite, the manager's office isn't 'open to the public.' I see not how that is relevant to this discussion.

It most certainly is relevant, as any rational individual will see (as did the judges on the People v. Ridenour case). In order to achieve that level of enlightenment, however, you must first read the case. :)
 
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wrightme

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plbbsplbssplbssss!
Well, you used multiple logical fallacies in one post, including 'appeal to authority' and 'argument from authority.' In addition, 'appeal to numbers.' Further, you used an ad hominem argument against out-of-staters. Also, if age conveys knowledge, I have you beat.
since9 said:
How is being disrespectful of the rights of others in "left field?"
Because I am not stating that anyone should carry past such a sign. I am speaking of legal or illegal.


since9 said:
Read the post -- it explaineth all.
I read it. I rejecteth all. It is pith.
since9 said:
That's the other half of the trespass law, but there's no disagreement on that aspect.

The disagreement involves posted signage and "unlawful entry."
According to the section you cited, the problem in that case was entry into 'an area not open to the public,' not entry into 'an area open to the public unless....'

since9 said:
Read the post...



Did you try Googling "People v. Ridenour" and "Colorado"? The Find-a-Case return has the relevant text.
I googled the exact cite you presented.
since9 said:
It most certainly is relevant, as any rational individual will see (as did the judges on the People v. Ridenour case). In order to achieve that level of enlightenment, however, you must first read the case. :)
If it is that relevant, then post a link and cite the relevant text. Can you? I do desire to read that case, which I can't unless it is available.

http://co.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19940113_0041179.CO.htm/qx

There is the search result, I am surprised you saw fit to find it but not present a link. Now, what text do you claim is relevant to your claim?
 
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wrightme

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...
Partially correct. You break the law if you CC without a permit. If you enter a building while CCing that's posted "No Firearms," you are not breaking the law, as the law doesn't specifically cover that. It does cover if you refuse to leave a privately-owned business after being asked to do so. That's trespassing.

since9 said:
Normally, I avoid stores that post "No Firearms" and take my business to those stores which respect my Second Amendment rights. If I have to go there, however, I simply CC.
So, you had agreed that the signs did NOT carry the weight of law, and that you WOULD violate the rule of the sign.

Then you reversed.

I stand corrected! According to 18-12-214 and 18-4-504, you are correct. If it's posted "no firearms," it's criminal trespass merely to enter.

A lot of people here will argue otherwise. I let them sway my opinion.
Citing statute that doesn't support your position.



And this is your conjecture.
If you knowingly enter contrary to the conditions stated by the owner through their sign, it is most certainly trespassing, and all the talk in the wold is so much hot air when the law states otherwise.

"Declaring" it to be so, doesn't MAKE it so.
 
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Kingfish

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Please point out anywhere that "personally" means anything other than than as defined below.

Please pay specific attention to the first definition of the word and of the root word. Also the synonyms and antonyms....Note that personally cannot be the same as publicly (as in a sign on the door).


http://www.merriam-webster.com
Definition of PERSONALLY

1
: in person <attend to the matter personally>

2
: as a person : in personality <personally attractive but not very trustworthy>

3
: for oneself : as far as oneself is concerned <personally, I don't want to go>

4
: in a personal manner <don't take this personally>



Examples of PERSONALLY


  • You will be held personally responsible for any losses or damages.
  • The player was personally criticized by his coach.
  • He blamed me personally for causing the problem.
  • I was personally offended by the article.
Related to PERSONALLY

Synonyms:face-to-face, tête–à–tête

Near Antonyms:distantly, indirectly; openly, publicly








Definition of PERSONAL
1
: of, relating to, or affecting a particular person : private,individual <personal ambition> <personal financial gain>

2
a : done in person without the intervention of another; also :proceeding from a single personb : carried on between individuals directly <a personalinterview>

3
: relating to the person or body

4
: relating to an individual or an individual's character, conduct, motives, or private affairs often in an offensive manner <a personal insult>

5
a : being rational and self-conscious <personal, responsive government is still possible — John Fischer>b : having the qualities of a person rather than a thing or abstraction <a personal devil>

6
: of, relating to, or constituting personal property <a personalestate>

7
: denoting grammatical person

8
: intended for private use or use by one person <a personalstereo>


 

Kingfish

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Since9, your cite is not relevant to a sign posted on a door of a business. 18-4-201 has several parts. One that deals with property NOT open to the public and one that deals with property that is open to the public.

In BLUE is the part that relates to business open to the public. In GREEN is the part that relates to a part of a business NOT open to the public (the managers office).

(3) A person "enters unlawfully" or "remains unlawfully" in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public. Except as is otherwise provided in section 33-6-116 (1), C.R.S., a person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person or unless notice forbidding entry is given by posting with signs at intervals of not more than four hundred forty yards or, if there is a readily identifiable entrance to the land, by posting with signs at such entrance to the private land or the forbidden part of the land. In the case of a designated access road not otherwise posted, said notice shall be posted at the entrance to private land and shall be substantially as follows: "ENTERING PRIVATE PROPERTYREMAIN ON ROADS".
 

wrightme

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@kingfish.

After reading the cite you present this time, I notice that for the trespass posting, it is stated separately from 'personally communicated.' This indicates that statutory construction of this article separates 'personally communicated' from 'posted a sign.'


This proves that the 'no firearms' sign would not fit in 'personally communicated;' invalidating much of the argument since9 presented.

This has the hallmarks of a similar discussion where 'or' was allegedly the same as 'and' for statute. :cool:
 
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Kingfish

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@kingfish.

After reading the cite you present this time, I notice that for the trespass posting, it is stated separately from 'personally communicated.' This indicates that statutory construction of this article separates 'personally communicated' from 'posted a sign.'


This proves that the 'no firearms' sign would not fit in 'personally communicated;' invalidating much of the argument since9 presented.
Agreed. If the legislature had intended for a sign to convey the message, they knew how to do that but they did not.

A PERSONAL communication is different than a PUBLIC communication. If the sign says "Kingfish, you must leave your gun in your car.", this could be argued as a personal communication (assuming I saw it.) A sign on the door (or a billboard on the expressway) are communications intended for the public and not for an individual.
 

Kingfish

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There are a lot of accusations floating around this thread that there are some on this board that willingly OC past a known sign. There are two places I carry that have "no guns" signs and I do so concealed. GA trespass laws are almost identical to CO except here there is nothing like 18-4-201 but even without it no one claims signs carry weight. I personally would not intentionally OC past a sign and unless I cannot help it, I don't patronize a business with such a sign. The two in GA I carry past are ones my SO will go to with or without me so I choose to keep her and the family safe. If it were up to me alone I would go somewhere else but she disagrees.
 

jdholmes

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I read the case Since9 posted....it looks more like he is trying argue OUR case. LoL...I don't see how this helps his argument at all...

"A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege . . . . A license or privilege to remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. (emphasis supplied)

Premises "open to the public" for purposes of the statute means premises which "would cause a reasonable person to believe no permission to enter or remain is required." People v. Bozeman,624 P.2d 916, 918 (Colo. App. 1980).

Here, the manager's office was a completely enclosed space within the theater, used for storage of business records, supplies, and the theater safe. One of the theater employees specifically testified that the manager's office was not open to the public. In addition, the defendant's use of a pretense in order to gain the ticket taker's permission to enter this office indicates that he was aware that it was not open to the public."
 

JamesB

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So personally I consider the matter of this discussion settled. I still don't personally feel like testing it in court, but I am taking aplications for volunteers...

I'd like to pose a twist to this one.
So we've all seen the standard "gunbuster sticker" The one with a red circle and a line going through a revolver.

So, if I carry an auto...doesn't apply right?
 

Logan 5

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I came to opencarry to "hang out" with people of like mind. Instead I see people like Kingfish endorsing the Second Amendment over rights of property owners. So much effort he puts into nit picking over "no firearms allowed", but how much effort into protecting the Second Amendment?

If only Kingfish and his buddies could understand that the lack of respect they show for property owners is being seen by the Brady Bunch. Not by my power, I for one think they are terrorists. But they are here as is ADL, SPLC, DHS, likely the FBI as well as the state. They see this and when they see this, it only endorses their anti-American efforts. Because they now have proof, from the cyber-mouths of opencarry supporters, that WE, as a whole, show the same disrespect.
 
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