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Old 10-03-2013, 02:26 AM   #8
EMTRailfan
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Join Date: May 2007
Location: I can be found railfanning the abandoned B&O Northern Sub.
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Quote:
Originally Posted by troy12n View Post
Actually that is bad advice, and here is why.

Trespassing laws (even Trespassing on RR property) are State laws (despite what ill informed RR employees and ill informed RR cops will tell you). They vary greatly by state. In some states, trespassing is a crime (low level misdemeanor), in some states, it's not crime, it's a municipal infraction (similar to traffic laws). So before telling someone what to do, or what not to do, you should have them check the laws of the state they plan on trespassing in. Using my state as an example, you cannot be even charged with trespassing on property unless certain signage requirements are met (you have to have a "No Trespassing" sign every 50 feet around the perimeter of the property near where you were "discovered". Or if you were asked to leave the property by the owner, lessee, or agent of such authorized to ask you to leave. And then, you will be given a "trespass warning". You cant just be hauled off for trespassing here unless warned.
I concur. I should have stated that I was referencing PA. I looked into "defiant trespass" after I asked my Sheriff about conceal carrying in a business that I occasionally visit that has a no loaded weapons sign in the rear of the business. He told me that since the sign is not clearly posted at points of entry that the sign itself is pretty much BS, but the owner/employees have to ask me to leave. Needless to say, I believe in the "don't ask, don't tell theory At this point, a defiant trespass is made if I refuse to leave or if I would pass by a clearly posted GFZ sign elsewhere. I'm not familiar with what RR bulls can and can't do as far as detain, arrest, etc.
http://law.onecle.com/pennsylvania/c...5.003.000.html


Quote:
It's my opinion that trespassing laws by and large are ridiculous and shouldnt even be crimes. If someone trespasses one property where someone lives, the owner should take care of it themselves. It will help crime, population growth issues, medicaid and food stamps needs. Trespassing on RR property, if you are stupid and get hit, you deserve to die.
I agree here too to an extent No one should be on my property without having the decency to ask permission to access. If I confront someone about being on my property, and they start bashing my head into the concrete, then game on. This is where the population issues part of your reply will come into play.

PS: My Sheriff also said that if a LEO witnesses a defiant trespass, they are essentially witnessing the crime, which would fall under section 2 of the defiant trespass section of the provided link, which again in my instance, "don't ask, don't tell".
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Last edited by EMTRailfan; 10-03-2013 at 02:38 AM.
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