Bill allows suits over gun-free zone incidents

[monkeylizard]

I didn't read his post as supporting 1359, but rather pointing out the difference in how a 1359 v. trespassing would be prosecuted.

 

Both are misdemeanors which means it has to be a citizens arrest or a police officer has to witness it for themselves. Barring "No Trespassing" signs, there's no way for an officer to witness trespassing (because they don't know a particular person is on premises w/o permission) without the property owner/manager openly saying to a police officer "monkeylizard is trespassing. I asked him to leave and he didn't. Arrest him. I'm pressing charges." That's alos only going to work if he asks me to leave and I don't. If he never asked me to leave, just called the cops, I haven't trespassed. He can ask me to leave in the presence of the officer, or ask the officer to ask me to leave. If I don't, then I'm trespassing.That owner/manager then has to appear in court to accuse me of trespassing.That translates to a whole lot more hassle for the owner operator than a -1359 violation which the officer can witness for himself. He can then accuse me of it in open court and the owner/manager never has to get involved beyond a simple phone call about a MWAG.

 

Did I get that right?

[Oh Shoot]

I didn't read his post as supporting 1359, but rather pointing out the difference in how a 1359 v. trespassing would be prosecuted.

 

Both are misdemeanors which means it has to be a citizens arrest or a police officer has to witness it for themselves. Barring "No Trespassing" signs, there's no way for an officer to witness trespassing (because they don't know a particular person is on premises w/o permission) without the property owner/manager openly saying to a police officer "monkeylizard is trespassing. I asked him to leave and he didn't. Arrest him. I'm pressing charges." That's alos only going to work if he asks me to leave and I don't. If he never asked me to leave, just called the cops, I haven't trespassed. He can ask me to leave in the presence of the officer, or ask the officer to ask me to leave. If I don't, then I'm trespassing.That owner/manager then has to appear in court to accuse me of trespassing.That translates to a whole lot more hassle for the owner operator than a -1359 violation which the officer can witness for himself. He can then accuse me of it in open court and the owner/manager never has to get involved beyond a simple phone call about a MWAG.

 

Did I get that right?

 

Yep. Pretty much. No, I didn't advocate keeping 1359. But yes, it takes a bit more balls on part of the store manager to confront the person one way or the other for trespassing. The 1359 is for wimps, manager never need get involved at all except to call cops.

 

- OS