G.A. Heath wrote:If you are transported to the ER in an ambulance trespass is probably not going to be a charge your likely to receive. It's hard to see any postings on the property when your carried in horizontally on a cart, and even then your weapon is likely to be turned over to LE for safekeeping. Government taking property doesn't apply to this argument, nor does confiscation, not does tax seizures.rotor wrote:My issue was only which right trumps the other. You don't always elect to be at a gun free private property. An ambulance may bring you to a gun free hospital for example. The rights of private property are defined by the legislators. Government routinely takes away private property and calls it eminent domain. Police confiscate private property for certain criminal acts. Don't pay your taxes and see what happens to private property. Self defense though is a birthright. I will not knowingly go into a 30.06 signed business but I don't believe that if I am in one by mistake that I have surrendered my rights of self defense. I believe it was earlier this year that a physician in a hospital pulled his pistol and killed a psychotic patient that was trying to kill everyone. The physician was in violation of the hospital rules but he did not give up his right to self defense by breaking the law. I don't think he was convicted either.
It can be argued that self defense is an outgrowth of property rights. I heard this argument from the instructor in a class I took, although I don't remember which one, essentially the logic logic is that you have a right to defend yourself based on the fact you own yourself. In the case of the physician he would probably have what is called a necessity defense, look into that one a little closer for more details. As for which right trumps the other the answer is: "It Depends."
I'm not sure that your weapon would go to LE, I know that when my husband was in his accident last month, his wallet and such went to "treasury". Later, they brought that up and told me that I could go get what was left of his riding gear. My daughter and I went and picked up his boots and helmet the next day.
My assumption, which could be wrong, is that a weapon would be put there also, his pocket knife was with his stuff.