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Got the "boot" from a Catholic Thrift Shop for Open Carrying in St. George

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
Hmm. Never heard that before. Educate me, please. I thought it had to be someone in authority at the place of business. Perhaps I'm wrong. Does it differ from state to state?

well I can't speak for other states, in the States who's laws I know, Washington, Idaho, and Montana, there is no requirement in law for the trespass request to be from the owner or a manager, only from someone who is an agent of the owner, and employees are an agent of the owner. plus the term "manager" "boss" "supervisor" are not legally defined in criminal statutes. unless the term in law is defined it's up to the employer who's a "manager" if the manager goes on lunch break and hands her keys to th cashier and says "I'm off to dennys store's yours" that woman is now an acting manager.

and if an employee calls the police the cops are not going to break open store policies and enforce store policy, if a store employee claims to have authority the cops will treat the trespass complaint like they do have such authority. if they don't that's a civil matter regarding the store and cops don't enforce civil matters. even if an employee doesn't have such authority, will a manager intervene on your behalf if you get cited for trespass if the clerk and police officer both tell them that the person trespass was armed with a gun and didn't follow requests and was argumentative?

you have no way of knowing who truly has such authority. security guards almost always do, but any other employee can.

so if I'm asked to leave, I would leave immediately and then call the store and ask to speak to a manager to clear it up. there's too many things that can go wrong with lingering on other's private property after being asked to leave. leave first, then call the manager, being a reasonable person will increase the odds the manager will act in your favor when you complain.
 

TigerLily

Regular Member
Joined
Apr 8, 2011
Messages
141
Location
Polygammyville, Utah
So do you live in Mormonville or Polygamyville UT?:confused:

I think I would have turned back in the $2.25 in items to her and left.
Would think you should call back and ask the manager/priest/nun what their policy is on 2A and civil rights.

Perhaps give some examples:
- poor blacks w/o guns being lynched by WhiteGuysWAG,
- Sandinistas (supported by Democrats) raping and killing nuns in Central America and terrorizing peasants that didn't own guns;
- Jews in Rome that the Pope let the Nazis load up onto trains to extermination camps because they didn't have guns,
- Mormons killed by folks back in MA, OH, IN and MO because they didn't have enough guns,
- Mormons killing Arkansas settlers at Mountain Meadows because they didn't have enough guns…..

Technically I live in Central, Utah. It's a misnomer cause it's not in the center of Utah, but it's a town called "Central." It's easier to say polygammyville or mormonville. And btw, I live just a stone's throw from the Mountain Meadows Massacre. I'll see if I can upload my pic of me at the memorial.
 
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TigerLily

Regular Member
Joined
Apr 8, 2011
Messages
141
Location
Polygammyville, Utah
Thanks for all the great feedback. Really great post by independence. Great way to ruminate these scenarios in one's mind.

I will have a radio show tomorrow on BTR about this issue. My show will run from 5-7pm MOUNTAIN time. I plan to review some of the posts on here on radio. I won't identify anyone on here cause I don't want to over-step.

Fair warning - I am an out-of-the-closet atheist and anarchist. Personally, I don't have nearly as much issue with religion as I do with government. I agree with Larken Rose that our belief in government/authority is the most dangerous superstition of all.

Also, I'm debating on whether it's too soon to slam Nelson Mandela. He was brutal and this fascination that lame-stream has to put him on a pedestal is tragic. Any thoughts?

my show: http://www.blogtalkradio.com/tlroars/2013/12/12/gun-rights--fact-or-fiction
 

HPmatt

Regular Member
Joined
Aug 18, 2013
Messages
1,468
Location
Dallas
I agree with Larken Rose that our belief in government/authority is the most dangerous superstition of all.

I think a lot of folks that aren't religious have adopted Government or Environmentalism as their religion.

One is worship of Man's creation as an attempt to achiever perfection, and
the second is thinking what God created - the World - is to be worshiped as God.
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
Just a couple of thoughts. I believe that the rights in the bill of rights are co-equal. Even among the big three in the Declaration of Independence, one can argue that if you are missing any one, the others don't matter much. Sure, life seems all important. But without liberty, what is life? Something about better to die on one's feet than live on one's knees?

I believe the freedom of religion, including the right to peacefully practice your religion is every bit as crucial a part of my freedom as is my RKBA, as is my right to access an attorney and compel witnesses in my defense to appear if I am accused of a crime. Indeed, at the end of the day I protect my RKBA as a means of final defense of my other rights. I mean, I enjoy a little recreational shooting as much as the next guy. But I really do view my RKBA as a means of protecting my other rights which I consider the ends.

So if a church--even a church I attend, belong to, and/or sincerely believe is God's kingdom on earth--doesn't want guns in its facilities (religious, charitable, even commercial), I am inclined to respect those beliefs and comply one way or another.

It seems to me churches--including the one to which I belong--have long had a mixed relationship with guns and other weapons. When push comes to shove, a gun in hand can mean the difference between martyrdom and being left to practice your religion peacefully. And yet churches--Christian churches anyway--do have doctrinal obligations in most cases to proclaim peace, to shun violence, to encourage peaceful means. I recognize that as a lay member I have somewhat different obligations than does my church as an organization. I am to provide for and protect my family which requires protecting myself and my ability to provide. Churches are to preach doctrines.

When it comes to facilities of the Catholic, LDS, or other churches that I know are not comfortable with guns, I will obey the applicable laws. Where carrying is technically legal but may still upset sensitivities, I will avail myself of the legal ability to conceal so that it simply isn't an issue. There might also be considerations of whether I want to do business in a facility--religious or otherwise--that doesn't welcome my gun.

We often say an armed society is a polite society. I try to do my part by respecting the rights and beliefs of others, even when I don't fully agree.

Fair warning - I am an out-of-the-closet atheist and anarchist. Personally, I don't have nearly as much issue with religion as I do with government. I agree with Larken Rose that our belief in government/authority is the most dangerous superstition of all.

Now this is an eminently sensible position. In our day and age when the most any church can legally do is to withdraw association, it is the power of government that should be most concerning.


Also, I'm debating on whether it's too soon to slam Nelson Mandela. He was brutal and this fascination that lame-stream has to put him on a pedestal is tragic. Any thoughts?

I think any discussion of Mandela needs to be fully contexted. I am not a student of his life, but my cursory knowledge says that he was not the same man at his death, nor even when released from prison, as he was when he was sent to prison. Perhaps rather than "slamming" him, a discussion of his problems might be better phrased in terms of ability to change or redemption if you will.

I hope by the time I die, my sins, mistakes, even potential crimes of my youth are not the basis on which my entire life is judged, especially not if I've made significant changes over the course of that life.

Charles
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
The evil that men do lives after them;
The good is oft interrèd with their bones.
So let it be with Mandela.

All apologies to William Shakespeare.
 

rpyne

Regular Member
Joined
Oct 23, 2007
Messages
1,072
Location
Provo, Utah, USA
well I can't speak for other states, in the States who's laws I know, Washington, Idaho, and Montana, there is no requirement in law for the trespass request to be from the owner or a manager, only from someone who is an agent of the owner, and employees are an agent of the owner. plus the term "manager" "boss" "supervisor" are not legally defined in criminal statutes. unless the term in law is defined it's up to the employer who's a "manager" if the manager goes on lunch break and hands her keys to th cashier and says "I'm off to dennys store's yours" that woman is now an acting manager.

and if an employee calls the police the cops are not going to break open store policies and enforce store policy, if a store employee claims to have authority the cops will treat the trespass complaint like they do have such authority. if they don't that's a civil matter regarding the store and cops don't enforce civil matters. even if an employee doesn't have such authority, will a manager intervene on your behalf if you get cited for trespass if the clerk and police officer both tell them that the person trespass was armed with a gun and didn't follow requests and was argumentative?

you have no way of knowing who truly has such authority. security guards almost always do, but any other employee can.

so if I'm asked to leave, I would leave immediately and then call the store and ask to speak to a manager to clear it up. there's too many things that can go wrong with lingering on other's private property after being asked to leave. leave first, then call the manager, being a reasonable person will increase the odds the manager will act in your favor when you complain.

Since we are talking about Utah, here is what Utah law has to say:

76-6-206. Criminal trespass.

(1) As used in this section, "enter" means intrusion of the entire body.

(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:

(a) the person enters or remains unlawfully on property and:

(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;

(ii) intends to commit any crime, other than theft or a felony; or

(iii) is reckless as to whether his presence will cause fear for the safety of another;

(b) knowing the person's entry or presence is unlawful, the person enters or remains on property as to which notice against entering is given by:

(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;

(ii) fencing or other enclosure obviously designed to exclude intruders; or

(iii) posting of signs reasonably likely to come to the attention of intruders; or

(c) the person enters a condominium unit in violation of Subsection 57-8-7(7).

(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was committed in a dwelling, in which event it is a class A misdemeanor.

(b) A violation of Subsection (2)(c) is an infraction.

(4) It is a defense to prosecution under this section that:

(a) the property was open to the public when the actor entered or remained; and

(b) the actor's conduct did not substantially interfere with the owner's use of the property.

or as effective 7/1/14:

76-6-206 (Effective 07/01/14). Criminal trespass.

(1) As used in this section, "enter" means intrusion of the entire body.

(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:

(a) the person enters or remains unlawfully on property and:

(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;

(ii) intends to commit any crime, other than theft or a felony; or

(iii) is reckless as to whether his presence will cause fear for the safety of another;

(b) knowing the person's entry or presence is unlawful, the person enters or remains on property as to which notice against entering is given by:

(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;

(ii) fencing or other enclosure obviously designed to exclude intruders; or

(iii) posting of signs reasonably likely to come to the attention of intruders; or

(c) the person enters a condominium unit in violation of Subsection 57-8-7(8).

(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was committed in a dwelling, in which event it is a class A misdemeanor.

(b) A violation of Subsection (2)(c) is an infraction.

(4) It is a defense to prosecution under this section that:

(a) the property was open to the public when the actor entered or remained; and

(b) the actor's conduct did not substantially interfere with the owner's use of the property.
 
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Logan 5

Regular Member
Joined
Apr 16, 2012
Messages
696
Location
Utah
Hmm. Never heard that before. Educate me, please. I thought it had to be someone in authority at the place of business. Perhaps I'm wrong. Does it differ from state to state?

A few months ago I was called by the city mayor and he asked me to come to his place to talk. There was no talking. He just screamed at the top of his lungs at me. I have this recorded. And *I* am the one that got nailed with a ticket for trespass.
No kidding.
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
Thanks for all the great feedback. Really great post by independence. Great way to ruminate these scenarios in one's mind.

I will have a radio show tomorrow on BTR about this issue. My show will run from 5-7pm MOUNTAIN time. I plan to review some of the posts on here on radio. I won't identify anyone on here cause I don't want to over-step.

Fair warning - I am an out-of-the-closet atheist and anarchist. Personally, I don't have nearly as much issue with religion as I do with government. I agree with Larken Rose that our belief in government/authority is the most dangerous superstition of all.

Also, I'm debating on whether it's too soon to slam Nelson Mandela. He was brutal and this fascination that lame-stream has to put him on a pedestal is tragic. Any thoughts?

my show: http://www.blogtalkradio.com/tlroars/2013/12/12/gun-rights--fact-or-fiction

Wow, if I wasn't already married to a great woman, just like you, well, you know...! :)

One thing that is not mentioned, ok, two things.

1. Antis, religious people, etc. are ruled by dogma. They do not have logical minds, they do not think for themselves, except in logic-tight boxes.
2. You can't change anyone's ideas by using a 'wall of words'.

IMO, the best way would be to not answer questions, to leave, to call and speak to a manager and have everyone on board, or go elsewhere.

Remember, religious people have a venue where they get sermons every week, but STILL "sin", then come back and confess and get forgiven. What a GREAT system! Srriously. You getting on a soapbox will get all those in your CHOIR to say 'AMEN, Sistah' and might help you by venting.

Will it change the world? Don't have that expectation personally. I try various things, be polite, look pretty, and of all of those, looking pretty works best, but as you've seen, not always. Don't sweat it, learn how to 'blow off the small stuff' and carry on. You rock!
 

Gil223

Regular Member
Joined
Jan 5, 2012
Messages
1,392
Location
Weber County Utah
A few months ago I was called by the city mayor and he asked me to come to his place to talk. There was no talking. He just screamed at the top of his lungs at me. I have this recorded. And *I* am the one that got nailed with a ticket for trespass.
No kidding.
Nobody screams at me... I would have just gotten up and left his office (before I told him to go F himself). Pax... :shocker:
 

Logan 5

Regular Member
Joined
Apr 16, 2012
Messages
696
Location
Utah
He invited me to his home. Never entered his home. He just went total retard. Insane.
 

Logan 5

Regular Member
Joined
Apr 16, 2012
Messages
696
Location
Utah
Thankfully the ass didn't run for office this last election. So he's now out of the picture, kinda, as he still runs this town even though he's not the mayor any longer.
 

Gil223

Regular Member
Joined
Jan 5, 2012
Messages
1,392
Location
Weber County Utah
A few months ago I was called by the city mayor and he asked me to come to his place to talk. There was no talking. He just screamed at the top of his lungs at me. I have this recorded. And *I* am the one that got nailed with a ticket for trespass.
No kidding.
FIGHT IT!! It should be a cake-walk in court... you could probably even get a pro bono attorney to sue his dumb ass! Pax...
 

Reasonable

New member
Joined
Mar 31, 2013
Messages
54
Location
Provo
Unless the law clearly says it must be a manager or the like, you should assume ANY employee has the authority.

If I owned a place, I'd be pissed if a customer ignored an employee. That's why I hired them, to talk to customers so that I don't have to.

If you think the employee is acting outside of his authority (and most aren't), you should leave first, then call.

If it turns out you were right, the manager will first appreciate your respect of his store, and then apologize, and then train the employee.

+1
 
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