OC McDonald's Hendersonville TN

[Campbellian73]

Hey guys Im new to this fourm and this is my first post on here. But straight to it. This last Saturday 4/7/12 I went to the McDonalds in Hendersonville on gallatin rd. I've been there more times than I can count. I was there last week OC with my glock 27 and was asked by an employee what kinda gun it was and so on. Pleasant visit. Well I stopped in Saturday around 1pm. OC with my M9 bretta I had already placed my order and was filling my drink when I was approached by an older employee maybe in his mid 60's and was asked if I was a police officer. I replied "no, why do you ask?" he went on to tell me they don't allow weapons in their store and asked me to leave or place my gun out of the store and come back in and told him that I didn't see a sign posting that. He then told me that there was a sign that banned weapons from the store but they took it down because it offended people. Also they don't like guns in the store because they don't want to be liable for me and my weapon "if I shot my self in the foot" the employees exact words as an example of why they don't weapons in the store I stayed very polite and calm. just said if they would put the sign back up they wouldnt have to ask people to leave the store. Just though I would share and see what you guys think.

[MKEgal]

Welcome to the forum.
Overall, it sounds like you handled it pretty well for a first time.

I was approached by an older employee... they don't allow weapons in their store and asked me to leave or place my gun out of the store and come back in

Unless he was the owner or manager, his opinion doesn't carry much weight.
If you go back there, & if he bothers you again, get his name & ask if he's the owner.
If not, ask if he's the manager.
If not, politely suggest that deciding to turn away customers for the peaceful exercise of a protected civil right is a decision made way above his pay grade, & you'd like to speak with the owner now.
You'll probably get the manager on duty.
Take names, get phone numbers to call people further up the food chain.
If it's a corporate store, call & email corporate to complain.

Explain to the person in charge that this employee (point to him, or give his name in email or on the phone) was telling you, a loyal & long-time customer, that your money was no longer welcome. In fact, he asked you to leave the store because of your peaceful exercise of a protected civil right & wanted you to create a more dangerous situation in the parking lot:
possible negligent discharge
+ possible "OMG - GUN!!" from passers-by
+ possible theft from car.
Ask if the owner really means to turn away good customers, or if the employee was just enforcing his own opinion.
Then let them wiggle.

told him that I didn't see a sign posting that

if they would put the sign back up they wouldnt have to ask people to leave the store

Never suggest that a business should post.
If the owner or manager asks you to leave, leave.
Get a refund for whatever you bought, then leave.

there was a sign that banned weapons from the store but they took it down because it offended people

And he didn't get a clue from that??? Idiot.

they don't want to be liable for me and my weapon "if I shot myself in the foot"

"Since it won't fire unless something presses the trigger, & it's impossible to press the trigger while it's in the holster, we're all perfectly safe. I don't want to make people unsafe by handling it."

Anti's don't usually think that far, & having it pointed out that they're asking you to do something more dangerous than the current situation sometimes gets their attention.

If I were in a snarky mood, I might suggest that he needed to take a safety class if he's afraid of shooting himself in the foot. (That's the real problem here - he doesn't think he'd be safe, so doesn't trust anyone else to be safe.)

[Fallguy]

My guess would be that particular employee doesn't like firearms.

I agree with getting name and asking for owner/manager if it happens again.

[Campbellian73]

Hey guys love the feed back and I did get the corp number and the owners number and waiting for a call back.

[Campbellian73]

Hey I just talked to the owner of that McDonalds he apologized for the employee asking me to leave he has been talked to and informed. He was in the wrong and the owner has his carry permit and he said he didn't understand why took it into his own his but that he does not speak for that store. Anyway all good there.

[Fallguy]

Hey I just talked to the owner of that McDonalds he apologized for the employee asking me to leave he has been talked to and informed. He was in the wrong and the owner has his carry permit and he said he didn't understand why took it into his own his but that he does not speak for that store. Anyway all good there.

Good deal

[ManInBlack]

Hey I just talked to the owner of that McDonalds he apologized for the employee asking me to leave he has been talked to and informed. He was in the wrong and the owner has his carry permit and he said he didn't understand why took it into his own his but that he does not speak for that store. Anyway all good there.

I'm glad to hear it. I was asked to leave a McDonald's a few months back and never heard back from corporate or the franchise owner when I complained...

http://forum.opencarry.org/forums/sh...48#post1735148

[Citizen]

SNIP Unless he was the owner or manager, his opinion doesn't carry much weight.

I know MKEgal probably didn't mean to exclude this, but its worth mentioning to prevent misunderstandings.

As far as the law on trespass is concerned, I'm betting any store employee can tell almost* any customer to leave for almost any reason or no reason. Refusal to comply can result in an arrest for trespass, depending on the law in that state, meaning, does the leave-demand have to be made in front of a cop? Does a letter have to sent? Etc.

*Except protected classes, for example they can't throw you out just because you're black, etc.

[Fallguy]

I know MKEgal probably didn't mean to exclude this, but its worth mentioning to prevent misunderstandings.

As far as the law on trespass is concerned, I'm betting any store employee can tell almost* any customer to leave for almost any reason or no reason. Refusal to comply can result in an arrest for trespass, depending on the law in that state, meaning, does the leave-demand have to be made in front of a cop? Does a letter have to sent? Etc.

*Except protected classes, for example they can't throw you out just because you're black, etc.

From TN's trespassing law 39-14-405

"A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public."

From TN's Posting law 39-17-1359 (which really doesn't apply in this case since it wasn't posted)

An individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity.


I don't think this employee was the owner or the operator, manager or in control of the property.

Source http://www.lexisnexis.com/hottopics/tncode/

[Overtaker]

[I]told him that I didn't see a sign posting that.

There is never a reason to mention signage. There are only two outcomes:

1. A sign is not put up (status quo)
2. A sign is put up

There is no upside, only no action or a downside. Never mention signage if it does not exist.