cbpeck
Regular Member
imported post
I'm new to open carry. I open carried one day last week to the Richland Fred Meyer and a local store named Ranch & Home in Kennewick. No problems in either location... people greeted me nicely, if anything employees seemed especially helpful & no comments were made.
Today was my second day open carrying. I went to our local mall & entered through the Macy's door that was devoid of any sign indicating that guns were prohibited on the premises. I spent about 30 minutes traversing hallways and popping in and out of a couple of stores before I noticed a couple of security guards clustered together. They made no reference to me, so I went about my business. Five minutes later down the hall a security guard made eye contact with me, so I greeted him with a smile and a "hello." He made no comment and then began to follow me from a distance. A few moments later, after exiting another store the same guard approached me and asked why I carried, to which I replied, "for protection and because its within my right to do so." He informed me that it was illegal on private property, to which I replied that I was quite familiar with the law and believed it was legal. He said, "Well I'm not gonna argue with you since you have a gun... there are signs posted at each door saying it." I told him there was no such sign at the door I entered through. I then followed him at his request down the hallway to where we met several other security guards (5 in total, I believe) and 2 or 3 police officers from the Kennewick PD. We spoke for another 15 minutes or so in the mall entrance to Macy's directly in front of the cosmetics counter (strangely, the most central mall location possible).
Right off the bat, the officer told me he was going to take my gun. Somewhat shocked, and incredibly nervous, I said, "Ok. It's loaded." He handed it to his partner who unloaded the gun and slid it into his pants (My Kimber CDP is fine... had he scratched it things may have ended much differently). The officers took my ID, I offered them my concealed carry permit as well, which they took and then later asked me if I had one... go figure. They asked how long I'd lived in the area, where I'd moved from, and what I liked about the Tri-Cities. They told me that carrying was perfectly within my right, but that it was unnecessary and ridiculous to do so. One officer went on to say, "We're not in the wild west... carrying a .45 cocked & locked in the mall is way too much firepower." Perhaps they wouldn't have responded had I been carrying my Beretta 85 (.380). lol. They continued to question me while they ran my name and insisted that they had the right to stop me since I was causing a "public disturbance" I believe is how he phrased it. Eventually he gave me my gun back & magazine & previously chambered round and told me to conceal it on my way out. The security guards told me not to return to the mall with any firearm, open or concealed, because all guns were completely banned. I politely suggested that they post that at all mall entrances. The police asked security if they wanted me trespassed, and they declined because I was "cooperative."
All in all, things went fine. I was very nervous, but did manage to articulate myself well & communicate clearly. The cops understood open carry, and treated me [mostly] respectfully.
I do have one problem, however. They seized my gun. They gave it back, but unless I'm mistaken, the 4th amendment prohibits them from seizing my sidearm without a writ/warrant. I'm not going to make a big fuss about it, but I do want to be clear on the law. If I am correct, they do not have the right to do so. And if this is accurate, next time I may refuse to let them take it and instead suggest that I calmly & quickly leave the premises to discuss the matter elsewhere.
That's most of the story. I'll share more details if people are interested. I'd appreciate feedback on the 4th amendment question as well as any suggestions for how it may be handled better in the future.
Caleb
I'm new to open carry. I open carried one day last week to the Richland Fred Meyer and a local store named Ranch & Home in Kennewick. No problems in either location... people greeted me nicely, if anything employees seemed especially helpful & no comments were made.
Today was my second day open carrying. I went to our local mall & entered through the Macy's door that was devoid of any sign indicating that guns were prohibited on the premises. I spent about 30 minutes traversing hallways and popping in and out of a couple of stores before I noticed a couple of security guards clustered together. They made no reference to me, so I went about my business. Five minutes later down the hall a security guard made eye contact with me, so I greeted him with a smile and a "hello." He made no comment and then began to follow me from a distance. A few moments later, after exiting another store the same guard approached me and asked why I carried, to which I replied, "for protection and because its within my right to do so." He informed me that it was illegal on private property, to which I replied that I was quite familiar with the law and believed it was legal. He said, "Well I'm not gonna argue with you since you have a gun... there are signs posted at each door saying it." I told him there was no such sign at the door I entered through. I then followed him at his request down the hallway to where we met several other security guards (5 in total, I believe) and 2 or 3 police officers from the Kennewick PD. We spoke for another 15 minutes or so in the mall entrance to Macy's directly in front of the cosmetics counter (strangely, the most central mall location possible).
Right off the bat, the officer told me he was going to take my gun. Somewhat shocked, and incredibly nervous, I said, "Ok. It's loaded." He handed it to his partner who unloaded the gun and slid it into his pants (My Kimber CDP is fine... had he scratched it things may have ended much differently). The officers took my ID, I offered them my concealed carry permit as well, which they took and then later asked me if I had one... go figure. They asked how long I'd lived in the area, where I'd moved from, and what I liked about the Tri-Cities. They told me that carrying was perfectly within my right, but that it was unnecessary and ridiculous to do so. One officer went on to say, "We're not in the wild west... carrying a .45 cocked & locked in the mall is way too much firepower." Perhaps they wouldn't have responded had I been carrying my Beretta 85 (.380). lol. They continued to question me while they ran my name and insisted that they had the right to stop me since I was causing a "public disturbance" I believe is how he phrased it. Eventually he gave me my gun back & magazine & previously chambered round and told me to conceal it on my way out. The security guards told me not to return to the mall with any firearm, open or concealed, because all guns were completely banned. I politely suggested that they post that at all mall entrances. The police asked security if they wanted me trespassed, and they declined because I was "cooperative."
All in all, things went fine. I was very nervous, but did manage to articulate myself well & communicate clearly. The cops understood open carry, and treated me [mostly] respectfully.
I do have one problem, however. They seized my gun. They gave it back, but unless I'm mistaken, the 4th amendment prohibits them from seizing my sidearm without a writ/warrant. I'm not going to make a big fuss about it, but I do want to be clear on the law. If I am correct, they do not have the right to do so. And if this is accurate, next time I may refuse to let them take it and instead suggest that I calmly & quickly leave the premises to discuss the matter elsewhere.
That's most of the story. I'll share more details if people are interested. I'd appreciate feedback on the 4th amendment question as well as any suggestions for how it may be handled better in the future.
Caleb
