I contacted the Marion County and the Allen County Prosecutor's Office to asking about a person carrying a firearm into a bank when it is posted "No Firearms Allowed". I seem to get mixed answers no matter who I ask so I figured, lets ask the ones that will be trying to convict us. I sent the e-mail posted below and as soon as I hear back I'll post their replies.
I have a question about the Criminal trespass law 35-43-2.
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
combined with
(b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public
Does this mean that a person that carries a firearm into a bank that has signs posted stating "No Firearms Allowed" can be charged with Criminal Trespass on the spot or does the person need to be asked to leave the bank with the firearm first?
I have a question about the Criminal trespass law 35-43-2.
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
combined with
(b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public
Does this mean that a person that carries a firearm into a bank that has signs posted stating "No Firearms Allowed" can be charged with Criminal Trespass on the spot or does the person need to be asked to leave the bank with the firearm first?