Remember, a LEO cannot make a good faith arrest for something that is not unlawful. Therefore, they will be subject to a §1983 civil rights lawsuit. Plus, the property owner who had you arrested would face a malicious prosecution civil lawsuit that they would likely lose. It's not necessary that the person actually be prosecuted. All that is required to support the lawsuit is that you were denied liberty via the arrest.stingeragent wrote:I totally agree. I just try to be on the side of caution. While the OP is clearly within their legal right, sometimes you will be forced to prove that legal right in court. Granted if he's concealed, 99% of the time, no one will know and there is no problem. But the time there is a problem, you are at the mercy of the officer and how well they know the law. I'm not a huge fan of the OCT group, but you can look at hundreds of youtube videos where people were in there full legal right to be carrying and still got arrested. They may have come out on top in the end but I'm not going through the hassle for something simple.
Edit: If you think about it, if you are the unlucky one, you get a night in jail. You end up missing work the next day. What if you had been sick a lot recently and had no more absences allowed. You also have court fees, possible lawyer fees, and everything else just to prove your innocent. Again, you very may well win, but your still out the time and money to prove your innocence. One of those open carry guys that got arrested at the capitol a year or 2 ago. He was completely legal to be there, got arrested anyways, and spent almost a year in legal battles to prove he was legally able to be there. Yes all charges were dropped, but a year long battle to prove that? I'll pass.
Finally, most officers would call the DA to see if they would accept charges. With all the publicity surrounding open-carry and the change in language for 30.06 signs, the ADA would certainly tell the LEO that the sign was not valid and no charges would be accepted.
I'm not suggesting that anyone enter a building with a 30.06 sign bearing 2016 wording, I just answered the OP's question.
Chas.