Are You Going to Jail?

[Agent 007]

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[2ADMNLOVER]

Short answer no , not for possessing the firearm in the given scenario .

In reality I think it depends heavily on your behavior at the time of questioning by the LEO's .

 

[INGunGuy]

You do not have to ask people to leave prior to arrest for hunting on private property with out permission. In fact it is common for the game warden to start ignoring your calls if you call him out there and then don't prosecute because it turns out to be a friend of a friend or a relative or neighbor who is tresspassing and it is not required the land be posted to prosecute. You are required to know the property boundary where you are hunting, the rest of the world is not required to educate you on your where abouts.

You didnt read my response, I stated a person was on a hike, and accidentally walk onto private property, no you didnt climb a fence, or see a fence was down, you just accidentally went onto private property. No I dont think that a person would be arrested.

INGunGuy

 

[ocsdor]

I see it as no different from a no tresspassing sign.

Doesn't matter if it's no guns or no blue shirts, the owner of the property decided he didn't want something on his property. He posted the warning as plain as you can make it to any human being who can read. Someone else decides they will ignore the warning and the property owner and make use of some one else's property as they see fit in defiance of the property owner.

They need a good beating and then jailed.

I totally agree, especially when they do it on an ATV!
(but that's for a different thread)

 

[Jack Ryan]

You didnt read my response, I stated a person was on a hike, and accidentally walk onto private property, no you didnt climb a fence, or see a fence was down, you just accidentally went onto private property. No I dont think that a person would be arrested.

INGunGuy

I read it and I've even heard it. It's the first line out of every tresspasser or illegal hunter right after 1. "I've got permission. Who are you?" 2. "I'm lost, I was just hiking, I iddn't see any fence, I didn't see any sign"

Tresspassing hunters do not get treated the same as common tresspass. Every where I hunt, on my land or any one else I hunt on, if you are carrying a gun you are hunting and if you have a bag you are hunting ginseng or yellowroot and stealing as well, and you'll be arrested and prosecuted for everything that sticks against the wall.

Better take a look at the "hunting with out permission" laws. It's a favorite of the game wardens around here because it's the first brick they stack up...

 

[INGunGuy]

I read it and I've even heard it. It's the first line out of every tresspasser or illegal hunter right after 1. "I've got permission. Who are you?" 2. "I'm lost, I was just hiking, I see any fence, I didn't see any sign"

Tresspassing hunters do not get treated the same as common tresspass. Every where I hunt, on my land or any one else I hunt on, if you are carrying a gun you are hunting and if you have a bag you are hunting ginseng or yellowroot and stealing as well, and you'll be arrested and prosecuted for everything that sticks against the wall.

Better take a look at the "hunting with out permission" laws. It's a favorite of the game wardens around here because it's the first brick they stack up...

Well that is a totally different thread and question. The question asked would a person be arrested for a FIREARM violation if they carried into the bar room. The short answer, long answer, and any other length of answer is NO! There would be no handgun arrest since there is no law forbidding carrying into a bar room in Indiana. The question was not would the person be arrested for trespassing, PI, etc but would they be arrested for a handgun offense, and again, NOPE.

INGunGuy

 

[lawrra]

Come on guys. Give it up and stick with the question.

 

[Jack Ryan]

Well that is a totally different thread and question. The question asked would a person be arrested for a FIREARM violation if they carried into the bar room. The short answer, long answer, and any other length of answer is NO! There would be no handgun arrest since there is no law forbidding carrying into a bar room in Indiana. The question was not would the person be arrested for trespassing, PI, etc but would they be arrested for a handgun offense, and again, NOPE.

INGunGuy

That's why I edited his quote down to only the part I was responding to which concerned people with guns "hiking" and tresspassing.

I'm starting to understand where all the trouble comes from around here concerning signs.

 

[Jack Ryan]

Come on guys. Give it up and stick with the question.

OK

 

[rich8483]

wait, i really think i missed something. was the guy in the bar hunting at the time?

now THIS may change things.

 

[Chefcook]

wait, i really think i missed something. was the guy in the bar hunting at the time?

now THIS may change things.

Yes, Beaver hunting.. What calibers are legal for Beaver here???

 

[SirRealism]

Yes, Beaver hunting.. What calibers are legal for Beaver here???

The largest caliber you can control. Wait... do I have a choice?

 

[Beau]

Yes, Beaver hunting.. What calibers are legal for Beaver here???

The real question is are you carrying OC or CC while on the hunt?

My answer to this topic is no. As stated signs have no force of law. The owner could post a sign on his door stating that pocket bibles were not allowed and anyone caught would be charged with trespass. But all they can do is ask you to leave if you were caught.

 

[ocsdor]

Yes, Beaver hunting.. What calibers are legal for Beaver here???

I hear the average caliber is a .308, but my wife says that my .22 still gets the job done.

 

[Roadie]

Indiana Handgun Law - Bryan lee Ciyou Chapter 7 page 91 ,7.5 Carry in Business Establishment --in short owner has a right to hang a sign saying no handguns. page 94 7.6.4 Retail Establishmenst With " No Handguns Allowed" posted at Entry It would be improper to enter, and the Licensee would be subject to ejection for possession of a handgun thereat,,,FAILURE to leave once requested ,would subject the licensee to arrest for criminal trespass

 

[Agent 007]

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[Archbishop]

IBTL

 

[Clif45]

Wow this thread went in the wrong direction fast...

I am going to say that you will not be arrested, unless you refuse to leave after the police ask you too. But, I am sure after the 21st that I will know the correct answer to this, and many other situations of this sort.

 

[finity]

In another discussion several months ago I asked about this exact situation & was told in no uncertain terms that I was a f'ing moron for even debating the issue.

Everyone always says that "no guns" signs have no "force of law" in IN. However, the law as posted previously does in fact give a legal standing to a sign placed at the "main entrance in a manner that is...likely to come to the attention of the public".

No one could post any case law that says that "no guns" signs are not the same as "no trespassing" signs. "No trespassing" signs are not defined by law, just a general "notice" is all that is needed. I would say that a "no guns" sign is, in fact, a "notice" that if you have a gun, you aren't allowed in, or IOW, you are denied entry if you have a gun.

Here is a case that says that a "no trespassing" sign is sufficient to deny someone entry without the requirement to be specifically told by a person:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=in&vol=app%5C10120401.msm&invol=2

Again I ask - How is a "no guns" sign different than a "no trespassing" sign? Please give cases to back up any claims.

Lacking that, I would say that you could end up being arrested for trespassing but not for a "gun-related" offense. Will you be? Not likely unless the police or bar owner are (foul "not nice people" reference) or you are being a complete (foul "not a nice person" reference).

 

[Mr. Habib]

It's not the caliber....it's the skill of the hunter.

Yeah, shot placement is everything.