Prosecutions in MS for a permit holder carrying in a "gun free zone"?

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Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by Jarhead5811 on Mon Jul 25, 2011 7:20 pm

Have there been any or many prosecutions in MS for a permit holder carrying in a "gun free zone"? I'm referring to the private establishments that have posted a sign at it's entrance.

Would the property owner have to press charges?

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by sidroski on Mon Jul 25, 2011 7:24 pm

I would think if it was a government gun free zone, no one would have to file charges. If it is a private business, they'd have to press charges. Good question.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by lpdb185 on Mon Jul 25, 2011 8:10 pm

i'm not familiar with any particular cases, but if it's private property that is in question the property owner would most likely be the one to sign charges. if it is posted and a leo witnesses you violating it, they could arrest you and sign the affidavit. from experience, however, incidences on private property are usually left to the discretion of the property owner.

that's the best i can do. i'm sure there have been people charged with it though.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by NRA_guy on Tue Jul 26, 2011 6:26 am

I've not heard of any. I imagine as long as the person does not open carry, or flash it around, or does not attempt to use it in self-defense, it would be kind of like the expired tag law: most LEOs ignore them unless the vehicle is stopped for other reasons.

Kind of a "not worth the trouble" situation I suspect.

And, by the way, I'd rather face prosecution for violating some place's gun ban than be pushing up daisies from lack of protection.

As they say, "Better to be tried by 12..."

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by Jarhead5811 on Tue Jul 26, 2011 7:53 am

NRA_guy wrote:And, by the way, I'd rather face prosecution for violating some place's gun ban than be pushing up daisies from lack of protection.


I agree.

My thinking is as long a you truly keep concealed you'd prolly wouldn't have a problem and if you ended up having to defend yourself I doubt a property owner would press charges unless you hit an innocent in the process.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by jakeg823 on Tue Jul 26, 2011 9:00 am

NRA_guy wrote:or does not attempt to use it in self-defense

And, by the way, I'd rather face prosecution for violating some place's gun ban than be pushing up daisies from lack of protection.

As they say, "Better to be tried by 12..."


i'd like to think if you used it in self defense, the owner would do the right thing, and thank you...but i'm an optimist

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by Leopardcurdog on Tue Jul 26, 2011 4:40 pm

i've never been 'made' in many years of carrying. i have no reason to think i'd be 'made' carrying in a gun free zone. just my thoughts.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by dbarnes357 on Tue Jul 26, 2011 7:03 pm

Just curious, what would the charges be if they were pressed? Fine? Jailtime?

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by Jarhead5811 on Tue Jul 26, 2011 7:12 pm

dbarnes357 wrote:Just curious, what would the charges be if they were pressed? Fine? Jailtime?
Good question!
Felony or misdemeanor?

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by sidroski on Tue Jul 26, 2011 8:11 pm

If it were in a government gun free zone, you could lose you're right to carry. I don't think they could do much in a private business since their little signs don't mean squat legally, especially if you didn't see it.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by Jarhead5811 on Tue Jul 26, 2011 8:26 pm

Let's assume a private establishment with legal signage.
(This may be a rare instance indeed but humor me.)

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by 2ALawyer on Tue Jul 26, 2011 8:27 pm

Jarhead5811 wrote:Have there been any or many prosecutions in MS for a permit holder carrying in a "gun free zone"? I'm referring to the private establishments that have posted a sign at it's entrance.

Would the property owner have to press charges?


for PRIVATE property carry, it would be a trespass. misdemeanor.

for carrying in a school, etc... felony.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by Jarhead5811 on Tue Jul 26, 2011 8:32 pm

Being a trespass charge would mean the owner/manager would have to press charges, right?

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by 2ALawyer on Tue Jul 26, 2011 8:33 pm

Jarhead5811 wrote:Being a trespass charge would mean the owner/manager would have to press charges, right?


honestly? i don't know. my criminal practice never involved trespass type charges.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by Jarhead5811 on Tue Jul 26, 2011 8:35 pm

I can't help but wonder if some of the businesses that post these signs misunderstand their purpose and think they're necessary to somehow prevent anyone from carrying a firearm on their property.

Ya'll gotta admit there are some real dumb a__es out there.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by 2ALawyer on Tue Jul 26, 2011 8:39 pm

Jarhead5811 wrote:I can't help but wonder if some of the businesses that post these signs misunderstand their purpose and think they're necessary to somehow prevent anyone from carrying a firearm on their property.

Ya'll gotta admit there are some real dumb a__es out there.


a lot of them mistakenly equate firearm carry with liability, and that if they don't say "don't carry a gun here", if you do and shoot someone, they end up being liable.... however, that is not the case.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by dbarnes357 on Tue Jul 26, 2011 9:01 pm

Thanks all, good discussion here.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by chestnut on Wed Jul 27, 2011 12:22 am

Jarhead5811 wrote:I can't help but wonder if some of the businesses that post these signs misunderstand their purpose and think they're necessary to somehow prevent anyone from carrying a firearm on their property.

Ya'll gotta admit there are some real dumb a__es out there.

If they got a sign up they must not need my business so I'll make them happy, I'll help their sales in this economy and go elsewhere. And check back later to see if their still in business.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by Jarhead5811 on Wed Jul 27, 2011 8:41 am

I agree, I'm even libertarian enough to say they should have the right to post such a sign but they're not getting my money if they do.

I was posing the question mostly for one of those instances don't you don't notice the sign and inadvertently violate their wishes.

Of course from what I've read on here most signs, especially the ones you might miss, aren't posted in a manner that meets the standards required by law making them invalid anyway.

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Re: Prosecutions in MS for a permit holder carrying in a "gun free zone"?

Post by Leopardcurdog on Wed Aug 03, 2011 5:09 am

sidroski wrote:If it were in a government gun free zone, you could lose you're right to carry. I don't think they could do much in a private business since their little signs don't mean squat legally, especially if you didn't see it.


you could loose your obligation of paying the politicians to grant you permission to carry.

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