OT: Wal-mart wouldn't sell my friend a rifle, is this legal?

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Well since Master Doug is unable or unwilling to explain why he thinks the actions of the clerk are legal, I will explain exactly why they are illegal.

They are illegal because under the Wisconsin public accommodations law (Chapter 106.52) a business cannot deny someone equal service or to imply that they are unwelcome due to sex, race, color, creed, sexual orientation, national origin or ancestry.

It is unlikely that the clerk asks everyone about their citizenship when they express an interest in purchasing a firearm. He almost certainly asked because the customer "looked foreign" to him. Additionally, considering the clerk's untrue statement about needing a license to purchase a firearm strongly supports that he was trying to deny this individual service. U.S. citizenship is not a requirement to purchase a firearm, so the question by the clerk is inappropriate.

Your friend Ray ought to file a complaint with the Wisconsin Equal Rights Division for a violation of his rights under the public accommodations law on the basis of race, color, national origin and ancestry. Might want to throw "creed" in their also, because the clerk could have easily drawn conclusions, albeit incorrect conclusions, about his creed (religion) and based his actions on that as well.

He can reach the ERD by calling (608) 266-6860. I don't think he'll have problems at that Wal-Mart after that.

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While it's highly unethical and probably not wallyworlds policy, a store has every right to refuse service to anyone they want AS LONG at it's not because of the aforementioned reasons.

So he could look at this guy and say "no I'm not going to sell you a gun." and there's nothing you can do about it. What he can't do is say "no I'm not going to sell your brown, Muslim, male ass a gun." That would be illegal.

The guy sounds like a tool. It's too bad your friend didn't know better to get a manager involved right away. Anyway, I'm with the others - don't buy guns at walmart.

Oh, and tell him to get a ruger 10/22 as well. I own a marlin and love it but there just isn't that cool of an aftermarket for them as there is with the rugers.

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Complain. This type of profiling is unacceptable.

I don't understand where a major store chain would even be able to allow this kind of activity to occur.

Do the following first:

Store Manager
Corporate

If that doesn't work:

Possibly retain attorney.


I abhor profiling.

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anmut wrote:

While it's highly unethical and probably not wallyworlds policy, a store has every right to refuse service to anyone they want AS LONG at it's not because of the aforementioned reasons.

So he could look at this guy and say "no I'm not going to sell you a gun." and there's nothing you can do about it. What he can't do is say "no I'm not going to sell your brown, Muslim, male ass a gun." That would be illegal.

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It wouldn't have to be anything that blatant. Based on the initial report alone I'd say "Ray" has a prima facie case and sufficient grounds for filing a complaint with ERD. How do I know? Because up until 2 years ago I was an equal rights investigator and handled many public accommodations complaints. Now Wal-mart might simply deny his allegations and if there are no witnesses to corroborate his story he may not prevail in his complaint, but I'll bet they'd give him no problems next time he tried to buy a gun there. If they did, he could file a complaint of retaliation for having filed his initial complaint.

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didn't that Wally world employee mumble something, like " terrorist towel head" before saying no I won't sell the gun to you.:uhoh: could be a lawsuit...

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UPDATE!

So I just talked to ray, everything I said was accurate except for the fact that he did not ask for his license. I apologize for the misunderstanding, when he told me the story. He did ask him if he was over 21 ?don't know why cause you only have to be 18? and if he was an American citizen.
Ray told me the guy said Ray needed to get his "shooting License" and take a safety course before he could buy a gun. So then I asked Ray; "are you sure you don't mean before you can go hunting?" and Ray said "no I asked and he said before I can buy a gun". So i'm sure it wasnt some sort of "misunderstanding".

Dialing Mr. Hubert Hoffman as we speak

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Glock34 wrote:

Griffin1340 wrote:

Well for one I am surprised you found a Wal Mart that still sells guns!
But it sounds to be as stated before a case of profiling. Or a good case of a Wally World employee with a power trip in his own little department of the store.
I once had a clerk [not @ WM] ask 'why' I needed 158gr JHP .357mag ammo, I answered that I was using it for hunting/defense. He answered that he did not think I should have it...I will never shop at that store again...and tell everyone I talk to to take their shopping elsewhere.

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I would have told the cleck...well thats nice, but ( Talking Very Loudly here >> ) I AM NOT ASKING FOR YOUR PERMISSION TO BUY THE AMMO, SO Give Me the Ammo. or we get to talk to your Manager !!! & IF it goes that far, I will tell them you insulted me...think you will looooooose your job ?!:banghead: Me being a rather Ugly & large guy...6'6" 295 pounds, I don't need a gun to intimidate...as Power perceived is power achieved

and if that fails, Blade at 45 degrees.

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At the time I was much younger and less assertive than I am now!:cuss:

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Task Force 16 wrote:

I thought Indians followed the Hindu religion (traditionally), not Islam.

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India and Pakistan used to be one country. Because of the religious violence between the Muslims and the Hindus, when India won independence from England, it split into primarily uslim Pakistan, and Primarily Hindu India. There are however large populations of Muslims in India, just as there are Hindus in Pakistan.

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Griffin1340 wrote:

Glock34 wrote:

Griffin1340 wrote:

Well for one I am surprised you found a Wal Mart that still sells guns!
But it sounds to be as stated before a case of profiling. Or a good case of a Wally World employee with a power trip in his own little department of the store.
I once had a clerk [not @ WM] ask 'why' I needed 158gr JHP .357mag ammo, I answered that I was using it for hunting/defense. He answered that he did not think I should have it...I will never shop at that store again...and tell everyone I talk to to take their shopping elsewhere.

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I would have told the clerk...well thats nice, but ( Talking Very Loudly here >> ) I AM NOT ASKING FOR YOUR PERMISSION TO BUY THE AMMO, SO Give Me the Ammo. or we get to talk to your Manager !!! & IF it goes that far, I will tell them you insulted me...think you will looooooose your job ?!:banghead: Me being a rather Ugly & large guy...6'6" 295 pounds, I don't need a gun to intimidate...as Power perceived is power achieved

and if that fails, Blade at 45 degrees.

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corrected a spelling error.

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Decoligny wrote:

Task Force 16 wrote:

I thought Indians followed the Hindu religion (traditionally), not Islam.

Click to expand...

India and Pakistan used to be one country. Because of the religious violence between the Muslims and the Hindus, when India won independence from England, it split into primarily uslim Pakistan, and Primarily Hindu India. There are however large populations of Muslims in India, just as there are Hindus in Pakistan.

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OK, I stand corrected. By Marshals link I see that there are some other religions practiced in India as well.

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Religion didn't used to be a big deal like it is today on the Indian subcontinent.

Before British imperialism did it's thing, India put lie to the notion that different cultures and religions can never live harmoniously together.

Then Government had its way.