jlrhiner
US Veteran
I don't know Jack either, but I would sure like him to explain where in the Constitution it says a property owner has all that power.
Carrying where "No Guns" signs are posted.
- Thread starter blujax01
- Start date
Fat Old Guy
Member
Why would that be in the Constitution? Most of the Constitution is about what the government may or may not do. Property rights have been part of common law centuries, if no millennia.
Fat Old Guy
Member
They are supported by the law that says that they can prohibit the carriage of firearms in their establishment.
keith44spl
Member
I think all of this is a hoot...There's a business that I sometime frequent.
A side entrance has one of those little pistol signs in the red circle with the diagonal red line across it
at eye level on the glass beside the doorway.
The main entrance, nor any other entrance has any such signage of this kind, period.
Had a fellow ask me what that meant.
I said, I think it means to use the front door! Gees....
Su Amigo,
Dave
A side entrance has one of those little pistol signs in the red circle with the diagonal red line across it
at eye level on the glass beside the doorway.
The main entrance, nor any other entrance has any such signage of this kind, period.
Had a fellow ask me what that meant.
I said, I think it means to use the front door! Gees....
Su Amigo,
Dave
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jlrhiner
US Veteran
Exactly. No "right" exists that hands that power to a property owner.
We do not observe (imply, accept, recognize) common law. We are governed by a type of "maritime" law.
A business owner is granted the ability to post his business for no CCW by the statute that recognized the ability to carry concealed. As a business owner, he may refuse service to anyone, with a valid reason. He may NOT refuse service based on race, religion or disability.
A private individual on his or her property may refuse access to anyone they like. Now here's the kicker; that same person may not search you, test you or require you to change your religion. He has no force of law, implied or invested. He may simply deny you access to his property. If you refuse to leave, he may have you arrested for trespassing. Anyone that would place them selves in that position is a fool.
Fat Old Guy
Member
Maritime law? If you don't leave a crew member in your car, anyone who comes along has salvage rights?
Here on Jasoom, I can arrest a trespasser under common law.
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jlrhiner
US Veteran
And then your property will be his property.
I'm not making this up. Better do some research before you give everything away.
cshoff
Member
The Constitution was written to restrict GOVERNMENT power, NOT the power of the individual. Read it and you will find that nowhere in our Bill of Rights does it attempt to establish what rights you and I do or don't have, rather, it attempts to restrict government power over certain inalienable rights that our founders believed we were all endowed with. Individual sovereignty and property rights were at the very heart of our founding principles.
jlrhiner
US Veteran
Help me out here. Where are these property rights written? Where does it say a property owner has the power of arrest?
I've been trying very hard to find something that details these property rights I hear so much about. Please point me in the right direction.
Fat Old Guy
Member
You live in Missouri. I live on Jasoom. Different laws.
About 30 years ago, there was a jeweler who was acquitted after shooting a fleeing robber because, it was argued, that he was attempting to effect an arrest and the law allowed force to be used to effect said arrest. Of course, the media screamed.
Fat Old Guy
Member
jlrhiner
US Veteran
But isn't that the same power of arrest any citizen may enact? I'm not trying to be argumentative, but it didn't benefit him to be the property owner, did it? He was given the same consideration any one would have gotten that tried to stop a robbery.
jlrhiner
US Veteran
That refers to an individual citizen. Nowhere does it say "Property Owner".
keith44spl
Member
FOG,
I don't have the foggiest idee where the hell Jasoom is...
But, shooting fleeing felons is sticky wickety business at best in any locale.
But, laws do differ from jurisdiction to jurisdiction.
I seriously question a citizen or a LEO being found justified in using deadly force to attempt an arrest for misdemeanor trespass on private property.
One might attempt to hold a trespasser for LE...But, if the perpetrator decides to walk away, whatcha gonna do?
Some jurisdiction have statues allowing merchants to detain shoplifters and theifs...But trespassers, I would question that.
I really like living in the free state that I do.
We don't have all those big city problems...No signs in my town.
Su Amigo,
Dave
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Fat Old Guy
Member
The law doesn't allow for that.
Under the law, I may detain him, using any force short of deadly force.
I like my state where one need not worry about where one carries a gun.
BTW, Jasoom is between Casoom and Barsoom.
keith44spl
Member
Oh, really.
Hum, I'm guessin' that's sumwhere's between Scotland and Austin P's mojo. Right?
Su Amigo,
Dave
jlrhiner
US Veteran
You seriously believe you can use force to detain someone for the crime of trespass?
Fat Old Guy
Member
Not at all. Don't they teach celestial navigation anymore?
jlrhiner
US Veteran
I'm not sure celestial navigation will turn that one up.
keith44spl
Member
Originally Posted by keith44spl
Oh, really.
Hum, I'm guessin' that's sumwhere's between Scotland and Austin P's mojo. Right?
Now yur jest jerkin our lariat !
Su Amigo,
Dave
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