Let's stop perpetuating the signs have force of law myth, shall we?
FIFY.
Any person violating the provisions of Section 1272 or 1273 of this title shall, upon a first conviction, be adjudged guilty of a misdemeanor and the party offending shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days or both such fine and imprisonment. On the second and every subsequent violation, the party offending shall, upon conviction, be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not less than thirty (30) days nor more than three (3) months, or by both such fine and imprisonment
Last edited:
I'm kind of mixed on my thoughts about the shooting.
Let say it was clear cut self defense.
Carrying concealed past a no gun sign into businesses carries no weight of law. You can't be arrested or charged for doing so unless the owner asks you to leave and you refuse. Carrying into prohibited places, like post offices, schools, does carry weight of law just to have one on your person.
Since the mall is not a prohibited area, I'm not sure if he would get the book thrown at him. Maybe simple trespass?
I don't know how all this is going to play out with Constitutional Carry in effect using the example above.
Now, if the shooter had an illegally owned firearm or one stolen, then here comes the book no matter what for firearms charges.
Could provide an interesting discussion.
Edit: I see some of the responders above have already got the discussion going.
The police spokesman said on air the since the mall had signs he was illegally possessing the gun in the mall.
See my post on the previous page.
I don't see how he gets that from the law, but there's a lot of misinformed people spreading bad info, by that I mean the police and the media.
See my post on the previous page.
I don't see how he gets that from the law, but there's a lot of misinformed people spreading bad info, by that I mean the police and the media.
Well, it is a discussion forum.
Well, the "No Gun" zone and getting the book thrown at him for that is something I would like to know more about.
I am not sure how to properly cite HB2597 but it specifically says on page 32, paragraph E of the pdf, that carrying in a business that has posted signs is not a criminal act, provided that the person carrying can be in legal possession of a firearm. The business can deny you entrance or ask you to leave, but unless he is a convicted felon, etc., the worst that's going to happen to him for simply having a gun is he might get banned from the mall.
I'm not sure of your edit to the other poster's comment. If I understand things right, a ticket is issued by a law enforcement officer. What you have quoted above from the statutes refers to both time in jail and a "fine." Time in jail and "fines" are dispositions made to a case by a judge. For a judge to issue such a disposition means that the perpetrator was arrested, charged with a crime, and after being found/or pleading guilty in court, said perpetrator is then assessed the fine and time.
I don't see how trying to understand the law is akin to speculation about motive, etc.
It appears I quoted the wrong section, as the applicable business rights section is 1290 not 1272/1273.
This is the section I was thinking of but may not apply here.
E. Any person violating the provisions of paragraph 2 or 3 of subsection A of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00). A person violating any other provision of subsection A of this section may be denied entrance onto the property or removed from the property. If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to exceed Two Hundred Fifty Dollars ($250.00).
Similar threads
