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Thread: Another OC event

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    Louisiana Carry wrote: Too bad we don't have video.

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    Regular Member sraacke's Avatar
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    charlie12 wrote:
    Louisiana Carry wrote: Too bad we don't have video.
    Too bad I'm not a member so I could see what he's talking about.
    President/ Founding Member
    Louisiana Open Carry Awareness League
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    Hey guys, here is what happened to me last night.

    Hey guys, I am the one who was at walmart

    I started my trip to walmart as I always do. I walked in and saw a lady cop so I spoke with her just to "identify" my self so to speak. I do this every time and don't seem to have any problems.

    The lady asked if I had a permit so of course I explained to her the open carry law. She calls her LT (who happens to be her husband)

    She tells me that the LT is on his way. So I ask my self, why is the LT on his way when I have done nothing wrong.... couldn't he just say he is legal like they always do?

    After about 20 minutes, 6 TPSO walk in and escort me out. When I get out side 3 more are waiting. They take my gun off my hip and question me. On a side note, I didn't think they could "legally" take my weapon off of me. There was nothing done wrong.. Just like me wearing a green hat that a LEO doesn't like. Can he walk me outside and take it off me and put it on the side? They said it was for officer safety, but I don't believe that.

    They ask what am I doing with a firearm and I tell them that I have it for my protection. The officer then ask do you really think walmart is so unsafe that you have to bring a gun. I say back to him as I always do if questioned. If walmart is so safe, why was there a LEO on duty watching the store?

    He couldn't answer my question and instead says that I am going to be arrested for alarming the public.

    I told him that the public was never alarmed as I just walked in the store and went up to the LEO on duty. No one was able to be alarmed being that I had not started shopping yet and stated that the public only noticed what was going on when all of the cars pull up like I had a threat on the building.

    He says it doesn't matter and that he knows I was carrying my firearm legally but the law doesn't matter since he is going to take me to jail for something else.

    At this time LEO A. Adams (car # 127) ask me what am I doing with a firearm at the age of 18. I explain to him that I can legally own the firearm at the age of 18 in LA. He jumps back and says if you can own one at 18 why can't you buy one from walmart. I state that walmart is a Federal dealer and that the Federal law is 21 to buy.

    He ask how did I get that gun then. I explained to him that I did a private buy from a friend and that it was legal in LA to do this.

    He says that "what you are telling me is ********."

    I then said no, I know my laws. The LT stepped up and asked if I could provide him with the law that states this.

    That's when I called LA Carry since I have been in touch with him many times about laws.

    I provided the law to him and he said he is going to look at it and asked if I had proof of purchase for the gun. I told him no I don't and he says that is going to be a problem.

    I ask why and he states that in 1994 LA put a law into affect that requires all firearms to be registered to their owner. I told him that there was no law that states this. He says "son I know the law"

    I then called LA Carry again to make sure I was 100% correct on that.

    By this time, 2 local Hammond City police cars arrive to take me to the local jail.

    While they were all in their huddle officers started to slowly leave.

    The LT then came up to me and asked me if I would like to sit in the back of his car with the heater since it was so cold and I had no jacket. I said sure and got into the back of the car. When I sat down I asked him what is going on and he says we have a problem buy I'll be with you in a minute.

    While I was sitting I was able to call LA Carry again and give him an update on everything.

    After being outside of walmart for about 2 hours and watching the Hammond LEOs drive off and watch the TPSO LEOs look at their law book and being on the phone with different officers and the sheriff him self, I had them take me out of the car and I asked him why was I being held and he got an attitude and said I never detained you so if you are looking for a lawsuit, you won't get one.

    I just said back, well give me my firearm and I will be on my way. Officer A. Adams who has had an attitude the whole time says Your firearm is being held by TPSO because its under investigation.

    Right after he says this, the Walmart manager and the guy who does the undercover shopping and etc for walmart came up to me and said we want you to know that walmart isn't pressing any charges on you because we do allow OC. I told him I know that I did nothing wrong and that it seems they LEOs are now looking for something to charge me with since they took it this far. He gave me a hint as to that was what they were doing and said good luck.

    I called LA Carry back and told him about them not wanting to give my firearm back.

    I told the officer (A. Adams) that he had no legal right to keep my firearm. No laws were broken!!!!

    He says again with a tone its under investigation and goes and puts it in his car.

    At this time I was getting a little heated up about the situation and started to call up my buddy who is a friend of the sheriff and my buddy who is in law.

    The officers could hear me speaking with them on the phone and the lady LEO walked up to her husband and said "he is getting lawyers involved saying that his property was taken and held illegally"

    At this time the walmart manager walks back out and starts speaking with the cops.

    He then walks up to me and starts talking real soft so no one could hear him and says "I spoke with them again to see why you are still out here and they said they are about to give you your weapon back." He also says, "they know they messed up, but don't say anything, just take the gun back"

    I tell him thanks for all the hints and he walks off.

    Officer A. Adams then walks to his car and gets my gun and gives it back to me. I put it back in my holster.

    He then gives me the mag and tells "don't put that mag in until you get to your car" I had to ask him what law is there that says I can't put my mag in?

    He says again with a loud tone not to put the mag in until I get to my car.

    I ask him where is my live round that was taken from the chamber. He says I don't know and walks off...... That kind of pissed me off. I get my gun and mag back but they lose my live round.

    I ask them to have a report wrote up because my rights were greatly violated and LT Russel says I will write it up my self, don't worry.

    He then says, this is still under investigation and we have 5 agencies looking into the matter.

    I ask him what is there to look into, I have done nothing wrong.

    He says, there are federal laws that say you can't walk into a bank with a firearm, and this walmart had a chase bank in it. (As you can see, they have thought of any and everything possible to pin something to me since they noticed they messed up)

    He says don't be shocked if a fed knocks on your door because this investigation will be opened up to a year.

    I tell him I have done nothing wrong. He says have a good day and you can pick up your report in 5 days.

    I was out side of walmart for at least 3 hours.

    I can't wait to see what the report looks like.

    I really want to go public about this or take legal action or something.

    Its like me being a LEO and I stop you and have cars surround you because you are wearing a shirt that I don't like. I then take your shirt and hold it until I can't any more.

    That's the same thing that was done to me but with a gun instead. In many peoples eyes, they don't see that the same, but for law, there is no difference.

    I am seriously wanting to take this matter to court or publicly.

    Please flood TPSO with calls asking about this matter and why it was handled the way it was.
    www.tpso.org
    Contact TPSO. Tangipahoa Parish Sheriff's Office 15475 Club Deluxe Road Hammond, Louisiana 70403 (985) 345-6150 Hammond (985) 748-8147 Amite

    I believe the Amite office is the main office where Sheriff Daniel Edwards is.


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    Hey Mark. La Carry tried to call Mr. John last night. A lot of people on BS don't agree with taking it publicly, but I don't think what was done was right.

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    mark edward marchiafava wrote:
    Talk to John Delgado, seek HIS advice. Bayou Shooters is just that, a bunch of shooters, not gun rights activists. Personally, I wouldn't waste any time there.
    Thanks Mark

    I'm going to be giving him a call in a few.

    What would your advice be on this?

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    mark edward marchiafava wrote:
    PLEASE call immediately, John Delgado 225-383-5090

    Just hung up after calling TPSO, what a circus.........
    Deputy Adams was off, Chief Deputy Pevey (?) didn't know anything, Don Alexander was nowhere to be found, finally spoke with Jimmy Travis. According to Travis, the whole thing started after a bed-wetting pansy went to the extra duty officer to report, yep, "a man with a gun." I informed Travis, according to the La. Supreme Court's Fluker decision, what his deputies did was in violation of the decision of the court. Furthermore, I asked if his deputies swore an oath to uphold and defend the constitution of the state of Louisiana, which he confirmed. I asked if he would, personally, read article 1 sec 11 and teach it to his deputies. He assured me he would.
    Travis was VERY polite and non-confrontational, unlike most "law enforcement officers." When he asked why I was calling about this incident, I informed him I would prefer not to be violated while in Tangipahoa parish. If I am violated, a federal lawsuit would be sure to follow.
    Thanks for calling them! I'm not sure who Jimmy Travis is or what his rank is, but hopefully he does as he says and not BS like most of the TPSO does.

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    mark edward marchiafava wrote:
    Talk with John, ask him if there's anything he'd prefer to not disclose.
    It wouldn't hurt to contact the local newspaper, either.
    Next time I'm in Hammond, I'll be SURE to visit the Walmart, too.
    Thanks again, I'm going to give him a call and get his advice. Lot of LEOs over at BS.com are saying that nothing was really done wrong.

    In my eyes, I did nothing to have my weapon taken off my side to begin with.

    Are you registered on BS.com? I'd like you to see all of the post over there, I have been posting back to everyone.

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    mark edward marchiafava wrote:
    The fact most of the LEO's on Bayou Shooter don't see anything wrong should tell you LOTS about the mentality of that bunch. I have no use for them, sorry.
    Your detention, in and of itself, was unlawful, no question.
    The ONLY concern I see is proving damages as a basis of a civil suit.
    Courts pretty much let cops do anything they want, a trend which accelerated during the Bush regime and will probably continue/worsen during the one-term presidency of The Anointed One.
    I just tried to call John but the number you gave me did not work. I called the number that La Carry gave me and the lady that answered the phone said that John will not be in today so I'd have to call back after the holiday.

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    mark edward marchiafava wrote:
    I've misplaced his number, what is it, please?
    225-383-5080

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    Campaign Veteran XD-GEM's Avatar
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    Looks to me like the Walmart manager deserves a "thank you" for knowing you were in the right.

    This kind of thing has been happening enough that I would think the various LEOs on this board and others would spread the word to their fellow officers that they need to leave OCers alone, no matter what one's own opinion of OC is.

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    I thanked him last night as well as today.

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    XD-GEM wrote:
    Looks to me like the Walmart manager deserves a "thank you" for knowing you were in the right.

    This kind of thing has been happening enough that I would think the various LEOs on this board and others would spread the word to their fellow officers that they need to leave OCers alone, no matter what one's own opinion of OC is.
    I was thinking the same thing too.Seems like a prety cool Wal Mart Manager.

    I go to hammond very often.will make sure I OC iat Wal Mart there.

    I may be out that way tomorrow?I think I am gonna print out this whole thread,& keep it on me while I am out there.....Just in case........

    They have quite Few St.John Parish "Reserve Deputies" where I work(I think one is a part time detective).I think I am gonna show them this,& see what they tell me(Hopefully they will bring it to the attention to the Dept.here,just to maybe make it a little easier to OC out here).there are a few that I see all the time that are cool,& don't mess with me when I am OC'ing,but there are always the "know it all" ones,that try to mess with you.

    well anyway,hope everything works out

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    chad-pf9,

    You might want to follow LA Carry's link to BayouShooter.com and read the thread over there. A number of the members are LEO and have quite strong opinions of this incident.

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    Hey Anty506,

    Is there some way I can get the name of the manager and the Walmart? I would like to call and thank him (supposing that might need to be after theholiday)and then go spend money there next time I'm in the area and personally look him up and thank him.

    Young man, thank you for fighting the good fight.

    Hello in General,

    I'm a newbie. Pursuing CCL, taking class next Sunday with my 78 yr old dad (he's ticked to death, something good to do) and plan to OC as much as I can, but I'm gonna start slow. La Carry, you should get my dues pretty soon.

    Regards,

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    If your initials are JD I received them today- thank you very much.

    I plan on doing some more advertising soon, that will help.

    Thanks again!!!!!!

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    Thats me. You should be asleep!

    A nite owl too, I take it.

    Regards,

  18. #18
    Regular Member sraacke's Avatar
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    I was born and raised in Hammond. My Dad is a retired Hammond cop. I share his name. It wouldbe interesting if I got the same treatment while OCing in the WalMart there. I'm not easily intimidated by the local PD or SO. I grew up around lots of these types and know how full of feces they can be in cases like this.

    Regarding the OP, he mentioned that upon entering he walked over to 'identify' himself to the Rent-A-Cop* at the door. I feel that if I'm not doing anything illegal I have no reason to say anything to anyone of authority. I'm there to shop/spend money like everyone else. Walking up to shoot the breeze or 'check in' with the Rent-A-Cop smacks a bit of wannabe. Like the guys who listen to scanners and follow fire trucks to calls. Looking at it from another way, the cop carrys a gun and so do I. That doesn't mean that we have anything in common. They have their reasons for being armed and so do I. Until I do something illegal I have nothing to say to them and they have no reason to say anything to me.

    As soon as she said that the Lt wsa enroute I'd have asked if I was free to go and do the shopping I came there for. If not I'd have asked if I was being detained. I'm not going to discuss the law with her. She should already know that Louisiana doesn't require gun permits for anything except concealing a pistol.

    The OP did right by asking for legal help but arguing the case on the sidewalk while freezingmy butt off is not the way I'd spend 3 hours of my night. The cops clearly tried to intimidate the OP and made false statements. For instance,

    He says "son I know the law"
    and
    He says it doesn't matter and that he knows I was carrying my firearm legally but the law doesn't matter since he is going to take me to jail for something else.
    Sounds alot like what Mark was told by Gonzales PD after his illegal arrest.
    Even better is when they start making stuff up on the spot. Such as...
    he states that in 1994 LA put a law into affect that requires all firearms to be registered to their owner.
    He knew this was BS when he said it. They want you to be intimidated by their authority and to start second guessing yourself and your rights.

    He's also full of feces when he told you-

    there are federal laws that say you can't walk into a bank with a firearm,
    There is no such federal law. You can walk into any bank in this state and unless they have posted their front door with a No Guns sign you are good to go. I go to the Hancock Bank on Bluebonnet Ave in Baton Rouge every payday and Open Carry inside every time I go. The tellers and branch manager have all seen me and my pistol numerous times and have never been anything but friendly and professional. The manager tells me that he doesn't have a problem with my pistol as long as I'm a customer with them.

    we have 5 agencies looking into the matter.
    The more the merrier. That just means more agencies Mr Delgado can get to cut checks.

    I hope this works out and the Nazis at HPD and TPSO learn that they can't harrass law abiding citizens.

    I already have John Delgados phone number programmed in my cellphone. Maybe I should send LaCarry a contribution to his Law School fund and get his phone number for my cellphone list. Could come in handy.

    Happy Thanksgiving.



    *=the term Rent-A-Cop refers to a uniformed LEO who is working what is often called an "Extra Duty Assignment" This is not an "off duty" job. The officer/deputy is in uniform, often with a marked city owned police unit parked nearby. The LEO is ON DUTY. The business has contracted with the City/Parish to have 'X' number of LEOs provide a police presence over and above the normal patrols the city normally does. The LEO is basically making overtime in addition to their regular 40 hour schedule. It's no different than if any of us went in to work on our day off. The WalMart is just their particular 'precinct' for that shift.

    I work security and the use of the term Rent-A-Cop to refer to Security Guards is a particular peeve of mine. Guards have very limited authority and are in no way cops. On the other hand, the uniformed Hammond Police Officer standing at the door near a marked Hammond Police Department car is the definition of a Rent-A-Cop.

    Sorry for the rant. I had to make it clear what I meant when I used anadmittedly derogatory term.


    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

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    Mark,I like that part too.How about this one---------

    After being outside of walmart for about 2 hours and watching the Hammond LEOs drive off and watch the TPSO LEOs look at their law book and being on the phone with different officers and the sheriff him self, I had them take me out of the car and I asked him why was I being held and he got an attitude and said I never detained you so if you are looking for a lawsuit, you won't get one.

    If they "new the law son",like one officer supposidly said,why did they have to pull out the law book,& call the sheriff himself?



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    ANTY 506,I just sent your story to a friend of mine that works at the Lobservater newspaper in laplace.We have a lot of residents from here that go up to hammond,& they always have advertisements for North Oaks in the paper.In fact,they just ran a story about a Internet sting that the SJBSO,& TPSO worked together on.

    Hopefully they will run somthing about it.if they do,I'll let you know.

    Just trying to help you get the story out as much as possible.

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    Thanks guys! I hope they do post the story in the news papers!

    I'm going go to be calling John D on Monday when he returns to his office.

    I belive LA Carry is going to be sending something to the Hammond Daily Star as well.

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    I'm going to be in your city today mark! Doing some black Friday shopping. Yes I will still be OCing. Not much more I can do. If you are out and about today and would like to catch some lunch, give me a call. I am going to PM you my number.

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    We all owe a debt of gratitude to Mark Marchiafava for his guts and leadership on the open carry in Louisiana issue.

    We lost our rights by not practicing them and not insisting that they be recognized.

    Thank you, Mark !

    leVieux

    Chocolate City, Louisiana



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