spacecoast
New member
No doubt Don P will document exactly what was asked and answered. I am very interested in the response from Mr. Gutmacher.
His reply alone doesn't mean anything without also having your email. We all need to see exactly what he is responding to.
That might be how you interpret the law, but so what? What counts is how the courts will interpret it, and they very well might disagree with you.
likely only if you warned them to leave and they refused
jhg
From: "dpodsiadlo-------.com <dpodsiadlo-------.com
To: gutlaw@gmail.com
Sent: Friday, July 27, 2012 3:03 PM
Subject:
Name: Don Podsiadlo
Email: dpodsiadlo-------.com
Subject: FFA WEBSITE CONTACT: Legal
Comments: Carrying a CCW on/into property that has a no guns allowed sign. Is it criminal trespass? Have any laws been broken. Is it considered intentional trespass? Could not find the answer in your book. Thanks for your time and the book.
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On the one hand, folks say that they are not overly concerned and then go out of their way to look for signs to read and comply. ....I am not overly concerned with these laws.
Interesting and thank you. Note that his reply was (emphasis added):Don P said:Well here is the response I received from Mr. Jon Gutmacher PA.,...
likely only if you warned them to leave and they refused
Title XLVI, Section 810.08(1) of Florida Statutes defines, in pertinent part, criminal trespass to a structure thusly (emphasis added):Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure ... commits the offense of trespass in a structure...
Assume that a business open to the public has properly posted a sign satisfying any legally applicable criteria at the entrance to the premises (housed within a structure) stating that entry with a firearm is not permitted. If a private citizen lawfully carrying a concealed firearm, having a permit recognized by the State of Florida to do so, were to enter that premises –
Please answer with the understanding that a person intends to rely on the response in deciding whether or not to enter while lawfully wearing a concealed firearm a properly posted “no firearms” business.
- Could you definitively opine that a Florida court would hold that such entry would by reason of the sign be willful entry without authorization, license or invitation and therefore constitute, by itself, criminal trespass? Why or why not?
- Could you definitively opine that a Florida court would hold that such entry would not, notwithstanding the sign, be willful entry without authorization, license or invitation and therefore not constitute, by itself, criminal trespass? Why or why not?
BillCA said:Stressfire,
Look up in your state's penal code the definition of knowingly.
Ohio Revised Code said:2901.22 Degrees of culpability attached to mental states....(B) A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such circumstances probably exist.
When it is right on the door I am not so sure that will work.