Mirror of Justice - All about Law and More
*Home>>>Real Property Law

If you bring a gun onto private property where guns are banned, can the owner seize and keep your gun?


This isn't a real-life situation, I'm curious to know how this works legally. It doesn't have to be a gun necessarily, maybe they ban cell phones or red purses. Assume they have made their policy of seizing the banned property clear and public and you know about it.

(real answers *only* please, thank you!)

No, it is your property. If someone takes property that is yours, call the police and report a theft.

Handguns especially, as they are registered and would even be illegal for the confiscator to posess without your permission.
Or even illegal for them to posesss WITH your permission without you being present!!! (i cant even loan one of my pistols to my mother, if i'm not standing right next to her.)

Do not listen to any of these people that say that someone can seize your personal property because you are on their property. They can only ask you to leave. If you enter a rock-concert with a camera for example, it is not prohobited by law, it is prohibited by the organizers. They can offer to take it, escort you away with it, or call the police.

We just opened up a new message board that involves sports, politics, history, and current events. We're looking for intelligent people. Help us out and sign up! The more, the better.

http://phpbbstar.com/wwwhistorykamik.htm...

yes

yes but he has to give it back to you when you leave

no - they cannot take your property away from you. that would be theft (criminal) or conversion (civil).

they can only ask you to leave, and if you refuse, they can call the police to press charges for trespass (or sue you civilly for the same).

In theory the item (cell phone for instance) "may" be
confiscated till after "the show" or "event" or "program" after you
have made that choice.

Like this: Sir, the house policy is "no cell phones" you can leave it
here in the security office & pick it up after the event,take it and
leave it in your car,or you must leave the building.

As to firearms: It is against the law, (in most states), to enter a
public building,(post office,libary,court house,city hall,etc.)while in
possession of a firearm.Also included are establishments that serve alcohol.

In this case you will be dealing with the police not the owner of
the business.

No, they can't take your gun. They can have you arrested for trespassing. It's private property, they can keep you off of there for any reason.

No! They can only ask you to leave the premises or to take the gun out of their establishment and then return. They can not seize your gun. In fact the law is very specific about the way that they post signs banning guns, it must be a certain size font and stuff. I don't remember specifics from the conceal and carry class that I took but I'm sure if you check your states laws on this you will find something similar

I think they can't forcefully cease your property. However, they can ban you from THEIR property and then if you don't leave, they can call the police to arrest you for tresspassing. Usually, like in court houses or airports, they give you the choice of surrending the offending items voluntarily or leaving.

I believe that once u enter property and it is clearly marked as being private and you were caught there with a weapon of some kind that was posted as being banned then yes the once owned by you property could be seized from you, but not claimed as their own property. I believe that the owner if they were serious about their postings would call the local law enforcement agency and they would take possession of whatever it is that your not supposed to have. not to mention you could get a fine for tresspassing.

I continue to be stunned by the level of misinformation when it comes to gun laws. PLEASE if you don't know for a fact that something is the law please do not guess. The law is not what "makes sense to you" or "what you heard this guy say one time" it's what is actually written in the code! Guns are serious business, and breaking a firearm-related law can have life-long consequences.

If you're looking for a simple answer to your question, I'm afraid there isn't one. Gun laws vary state by state in regards to where you can't carry them and whether or not a "no guns allowed" sign has any weight of law. For example, in Texas and Ohio, a properly formatted sign does carry weight of law and you are breaking the law if you ignore it. In PA and VA, they can only ask you to leave, and then if you don't you can be charged with trespassing.

As far as where the law says you can't carry, again it varies by state. For example, in Ohio you can't carry anyplace that sells alcohol for on-premesis consumption. In Virginia, you can't carry concealed if they serve alcohol but open-carry is allowed. In PA, there are no restrictions and you can carry pretty much anyhwere except schools and places prohibited by Federal law. (post offices and most Federal buildings).

www.packing.org has a lot of good information. Know the law before you carry a gun. Be safe!

No, they may not seize your legally owned property. And, assuming you are carrying a handgun and have a valid concealed carry permit, the situation is as follows ..They ask you to leave because they *somehow* discovered you were carrying a concealed firearm (you idiot ! That's why they call it CONCEALED CARRY !). If you refuse to leave, then you can be succesfully charged with trespass. That's it. It can go further downhill tho' if you argue with the responding officer(s).
Since it's private property they can ban anything (as long as your state/local laws don't pre-empt that... a topic best discussed with someone in your area expert in such law).

Tags
  Sport Law   Social Security Law   Sexual Harassment   Securities Law   Real Estate Law   Real Property Law   Professional Responsibility   Probate Law   Products Liability   Personal Injury Law   Native American Law   Military Law
Related information
  • Is the Real ID Act still not repealed?

    It is to bad people don't listen,anytime you speak of any of that,you get the same crap,tin foil hat,blah blah blah,drug addict,baaa,baaaa baaa. People have no clue. Us Americans are pretty fr...

  • Should I be concerned about neighborhood kids playing on my property?

    yes, if they get hurt on you're property, sad do say, you will be liable. you need to tell them to go home, and talk with their parents. they need to watch their own children, it's not ...

  • Can you really shot people in Texas for steping on your property?

    I live in Texas and I can give you the exact answer to this. Texas is one of the few states that allows people (ordinary citizens) to carry concealed handguns as long as they have a permit to do so...

  • Is this a real law?

    "A Real Law"? that's funny Ha Ha! Real law isn't to hard to find, just dig deep down to the bottom of your pockets, It's usually down there somewhere, the deeper your p...

  • Are there different types of liens for the State of Texas?

    Under Texas law, a mechanic has a lien on a car to cover the cost of repairs. This means that until the mechanic is paid, he can keep the car. He also has the right to charge a reasonable fee for...

  • YOu be the judge?

    Yes we are talking about "real property" The principle that an "oral contract" is as binding as a written one. Firstly, never, I mean never, let anything be done by "...

  • "Trust Agreement" Paragraph 3! What does this say?

    Jones has a trust. At anytime he can cancel it by recording a Revocation of Trust If it's still active at his death the property will be sold and divided amongst his children including Geo...

  • What does abstract judgment mean and what would veteran affairs have to do with it?

    An abstract of judgement is just a summary of a judgement, a ruling made by a court.

    ...
  •  

    Categories--Copyright/IP Policy--Contact Webmaster