Cracker Barrel makes local GA televison news with Anti-Gun Policy

bullseye · May 9, 2016

Most here are probably aware of their anti open carry behavior, but it's nice when it's brought to light to an entire local audience in a non-biased way.

News Article w/video
http://www.wrcbtv.com/story/31912623/dalton-man-asked-to-leave-cracker-barrel-for-carrying-gun

Dalton man asked to leave Cracker Barrel for carrying gun
DALTON, GA (WRCB) - By Kate Smith, Reporter

...two managers escorted him out because he was carrying a gun...

...A manager referred us to a corporate spokesperson, who denied our request for a statement, but a customer service representative tells Channel 3 if a gun is seen on any Cracker Barrel property the owner will be asked to return to their vehicle. Franks says he got a similar response. “It's our policy no one carries on the premise. I said, you don't have any signs. He says, well that's our decision also, we don't put up signs.”

solus · May 9, 2016

someone on the forum should reach out and invite Mr. Franks to the forum so he would know about the laws of the land...

and to learn the lesson that if told to go away, you do not put your firearm in the vehicle and then return to spend $$$$ in the establishment that just threw him out...

kudos for the main stream news outlet for at least taking the story, running with it and presenting a decent presentation on the subject ~ that feat would be unheard of being accomplished by NC news outlets...sigh!!

ipse

Juliett Whiskey · May 11, 2016

New here, just wanted to say I've never been hassled at the Mooresville NC cracker barrel. However, it is quite odd that they do have an anti gun stance at many of their stores. I thought they were the "Country Store". Not the "We're a statist country store". The only reason I go there is because my Grandmother likes the place and I try to keep the women in my life happy, lol.

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color of law · May 11, 2016

I open carry at the one I eat at every Thanksgiving and there are no signs posted. Nothing has ever been said. And yes I am forced to eat there.

325rto · May 11, 2016

As Color stated, I have also been forced to eat there because my wife and girls like the food. The food is mediocre at best. Just another reason for me to not go there.

since9 · May 11, 2016

solus said:
someone on the forum should reach out and invite Mr. Franks to the forum so he would know about the laws of the land...

Mr. Franks doesn't care about the laws of the land. That's the problem with almost all antis. Nor do they particularly care about history and avoiding the lessons thereof. All they care about control, and if they think they have a valid idea, others should listen and obey, by force, if necessary.

The last twenty times I ate there were in 2011. Always armed. OC. None said a word.

davidmcbeth · May 15, 2016

If a state has a posting of a sign requirement then I think that if a business wants to disallow carriers then they have to post a sign ... they cannot trespass a person for carry when they do not comply with the posting requirements.

So, if there is a sign posting requirement, IMO a manager or employee simply cannot ask you to leave as the law requires the posting of a sign.

I think NC is a post-required-to-effect-carry state, yes?

DeSchaine · May 15, 2016

... except that managers and employees are "agents of the property owner" and can act with the full authority of that owner. Sign or not, they can make you leave if they don't want you there.

Personally, I'll never eat there again. Especially considering their policy in the face of what happened at the local CB here.

Grapeshot · May 15, 2016

davidmcbeth said:
If a state has a posting of a sign requirement then I think that if a business wants to disallow carriers then they have to post a sign ... they cannot trespass a person for carry when they do not comply with the posting requirements.

So, if there is a sign posting requirement, IMO a manager or employee simply cannot ask you to leave as the law requires the posting of a sign.

I think NC is a post-required-to-effect-carry state, yes?

A sign is not a get out of jail free card.

If you are told to leave and do not, you may be charged with trespass - sign or no sign.

tcbrad98 · May 15, 2016

Open carried at the CB in Olathe on Tuesday, not a word said, didn't even see any looks.

davidmcbeth · May 15, 2016

Grapeshot said:
A sign is not a get out of jail free card.

If you are told to leave and do not, you may be charged with trespass - sign or no sign.

These are not natural persons .... so I think that the question of law is a valid argument to discuss.

Natural persons v. corporate persons have different rights.

Ex: you can ask a person to leave just based on religion ... a business cannot.

Freedom1Man · May 16, 2016

davidmcbeth said:
These are not natural persons .... so I think that the question of law is a valid argument to discuss.

Natural persons v. corporate persons have different rights.

Ex: you can ask a person to leave just based on religion ... a business cannot.

That is what I have been pointing out for years. Except, it is CORPORATIONS not businesses. A business can still have the business owner deny service for any reason. A corporation is the unnatural person that many claim have rights, except that it can be owned like a slave.

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solus · May 16, 2016

Freedom1Man said:
That is what I have been pointing out for years. Except, it is CORPORATIONS not businesses. A business can still have the business owner deny service for any reason. A corporation is the unnatural person that many claim have rights, except that it can be owned like a slave.
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no, the minute you inject the term, 'business' all bets are off and the owner of a business, ma and pa, what have you, cannot arbitrarily deny service on religious, blah blah whatever!

ipse

Freedom1Man · May 16, 2016

solus said:
no, the minute you inject the term, 'business' all bets are off and the owner of a business, ma and pa, what have you, cannot arbitrarily deny service on religious, blah blah whatever!

ipse

Great then I have now started a new religions sect, "Those who believe in natural law." The main belief is that all humans should be armed, except while justly imprisoned.

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solus · May 16, 2016

Freedom1Man said:
Great then I have now started a new religions sect, "Those who believe in natural law." The main belief is that all humans should be armed, except while justly imprisoned.
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next you will say godwin's law is the applicable to your sect...sigh

ipse

davidmcbeth · May 16, 2016

solus said:
next you will say godwin's law is the applicable to your sect...sigh

ipse

Freedom1man is correct. Once you accept that you will be free-er than you are today.

N.C. Gen. Stat. § 14-415.11(c)

§ 14-415.11. Permit to carry concealed handgun; scope of permit.

(a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer. In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.

(b) The sheriff shall issue a permit to carry a concealed handgun to a person who qualifies for a permit under G.S. 14-415.12. The permit shall be valid throughout the State for a period of five years from the date of issuance.

(c) Except as provided in G.S. 14-415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:

(1) Areas prohibited by G.S. 14-269.2, 14-269.3, and 14-277.2.

(2) Areas prohibited by G.S. 14-269.4, except as allowed under G.S. 14-269.4(6).

(3) In an area prohibited by rule adopted under G.S. 120-32.1.

(4) In any area prohibited by 18 U.S.C. § 922 or any other federal law.

(5) In a law enforcement or correctional facility.

(6) In a building housing only State or federal offices.

(7) In an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government.

(8) On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.

(c1) Any person who has a concealed handgun permit may carry a concealed handgun on the grounds or waters of a park within the State Parks System as defined in G.S. 143B-135.44.

(c2) It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

(c3) As provided in G.S. 14-269.4(5), it shall be lawful for a person to carry any firearm openly, or to carry a concealed handgun with a concealed carry permit, at any State-owned rest area, at any State-owned rest stop along the highways, and at any State-owned hunting and fishing reservation.

(d) A person who is issued a permit shall notify the sheriff who issued the permit of any change in the person's permanent address within 30 days after the change of address. If a permit is lost or destroyed, the person to whom the permit was issued shall notify the sheriff who issued the permit of the loss or destruction of the permit. A person may obtain a duplicate permit by submitting to the sheriff a notarized statement that the permit was lost or destroyed and paying the required duplicate permit fee. (1995, c. 398, s. 1; c. 507, s. 22.1(c); c. 509, s. 135.3(e); 1997, c. 238, s. 6; 2000-140, s. 103; 2000-191, s. 5; 2005-232, s. 3; 2011-268, s. 14; 2015-241, s. 14.30(cc).)

posting of a conspicuous notice or statement I think that the law is clear .. they cannot trespass you unless they post a notice or statement .... they lose even with the lizard laws.

davidmcbeth · May 16, 2016

Nightmare said:
I think that you are wrong. One may not carry where prohibited by a conspicuous notice, but your license to trespass can be revoked by an agent of the business. The axiom is that what is not illegal is legal.

(a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law

Show where you are otherwise SPECIFICALLY prohibited by law. The word "specifically" has great meaning IMO. Clearly the legislature created a balance [still illegal IMO but, just looking at the law] ... so the general trespassing authority is not sufficient under the law.

Someone there should ask their legislative research team or AG for an opinion letter.

I think its a slam dunk .. w/o a sign, one can carry. period

deepdiver · May 19, 2016

I've never had a problem at our local CB either. I already quit going to Panera because of their jerk CEO. Now CB? My wife is not going to be happy...

OC for ME · May 19, 2016

Nightmare said:
Then McBeth can be the test case. He'll be trespassed on general principles and no one will ever know that he's ..... "But you can't trespass me, I'm carrying a permitted gun." McBeth will be squealing like a piggie to the tune of Dueling Banjos.

...oh, my young apprentice...mcbeth only has home made guns...no permit required.

Ezek · May 21, 2016

tcbrad98 said:
Open carried at the CB in Olathe on Tuesday, not a word said, didn't even see any looks.

i'm sure Kansas has an ever increasing amount of armed patrons... not surprising honestly considering the constitutional carry of Kansas.

Cracker Barrel makes local GA televison news with Anti-Gun Policy

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