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Thread: You guessed it, ANOTHER story by MrGlock

  1. #1
    Regular Member MrGlock's Avatar
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    This happened 2 years ago this past November.

    I was at the Walmart on Carlisle just north of Menaul. I had stopped in to buy some oil change supplies for my car. I was carrying my .45 in the open, as the recent HB0588 now allows me to in places like Walmart, assuming they don't have signs up prohibiting firearms.

    Well, I made it to the automotive aisle when I noticed a red-headed woman about my age approachingme slowly from the north end of the aisle on my right. Then, on my left side, a burly hispanic man was approaching me from the opposite end of the aisle. The woman then approached me, identifying herself as Walmart staff, asking why I was carrying a firearm in Walmart.

    "There are no signs up front, and House Bill 588 says I can carry here," I replied.

    She then asked me to follow her to the front of the store, as the hispanic man followed me. She walked me to the front of the store and showed me a nearly unreadable, printed out piece of paper stating that only Walmart security could carry firearms onto the premises.

    I nearly blew up on her!

    "You know, that sign has to be legible and fully readable to the public," I told her, taking out my camera phone and taking a picture of it. "I'm taking this to the Department of Public Safety," I added, taking a picture, took her name down, and left super mad.

    A week or so later, carrying concealed this time, I noticed the sign had been taken down. The sign is still down to this day, as I frequent this Walmart on a weekly basis now.

    Note to readers: WATCH FOR SIGNS!

    You never know when the place you've been going to for years might suddenly decide not to honor your state right to carry open. Or, they might try to pull a fast one on you with a BS sign printed on some crappy inkjet printer.

    Please see the picture below: you can see the woman to my right at the time I am taking the picture. This sign is now gone.

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    Mr Glock,

    I really don't know where to begin on this. You sir have admitted to being a Felon. To begin with, that walmart has alcohol. You cannot open carry without committing a felony, congratulations. Also, when you were told you could not carry by the walmart employee, that means you cannot carry, no sign needed.

    I am going to assume this is a tall tale you have spun, because if not I would have to and

    -Space

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    Regular Member MrGlock's Avatar
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    Sorry sir, this isn't a tall tale. Law requires the sign be in a conspicuous place, legible and readable, not on faded and sunbleached printer paper. They told me not to carry AFTER I had already entered the establishment, and I didn't see the sign for the life of me. They have every right to ask me, its not like I'm psychic and knew they would ask.

    Not to mention, if you've read up on the laws, HB0588 allows anyone with a CCW to carry into these establishments. I have a CCW. Sounds like you didn't know this or the law.


    But either way, take it as you will.


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    Weren't they going to change that law.. Where you could open carry in establishments that served or sold alcohol.. Don't quote me on that, but I could probably find the link to that information.

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    Regular Member MrGlock's Avatar
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    the NMDPS home page has all of the updates concerning CCW license holders, the last entry made was about HB0588 becoming active on 01 July, 2007. I checked last night, nothing has been posted since then. I've never heard of them trying to repeal the bill, but I wouldn't be surprised that the anti's would try this.

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    Ah.. found it..


    http://rawstory.com/2010/02/mexico-s...handguns-bars/

    It's not for OC, but for CC.

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    Regular Member MrGlock's Avatar
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    I heard something about this a few months back, I hope they pass this bill. I end up having to leave my piece in my car all the time, and it can get frustrating sometimes.

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    Regular Member MrGlock's Avatar
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    Yeah well having a weapon that only weighs 23 ounces must be nice and quite the luxury.. i'd love to oc my .45 more often, but it weighs a ton. Try to keep it in the car as much as possible..

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    Regular Member MrGlock's Avatar
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    mine is a .45 also, and it weighs 28 ounces unloaded, probably in the mid 30's fully loaded. having the right holster helps, too. what kind of holster do you prefer?

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    MrGlock wrote:
    mine is a .45 also, and it weighs 28 ounces unloaded, probably in the mid 30's fully loaded. having the right holster helps, too. what kind of holster do you prefer?


    I prefer carrying on my belt, but my .45 unloaded weighs 39 ounces. I roll a single stack single action Argentine Colt. Because of the weight, I normally carry using a drop leg holster.

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    There is some serious misinformation in this thread. Open carrying in Walmart that sells liquor (all super Walmarts, I think?) is illegal, but concealed carry with a permit inside stores that sell liquor for OFF-PREMISES consumption (like walmart or a gas station) is legal.

    Just last month a bill was passed that allows concealed carry in restaurants that sell beer and wine but no hard liquor (all 5 or so restaurants in the state), but its a good start. The governor is supposed to sign it and it will become law later this year.

    The house bill 588 from several years back is what allows people to carry concealed into places that sell alcohol for off premises consumption ONLY.

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    Regular Member MrGlock's Avatar
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    Um, and you point is?

    Walmart doesn't serve liquor, they sell it. HB0588 draws the line between these distinctions, as the previous understanding of the law saw these distinctions as the same thing.

    Walmart sells package liquor, thus they fall into the HB0588 category of establishments OK to carry into.

    My CCW allows me to carry in Walmart or any other package liquor establishment without signs posted, end of story. Anyone else with a CCW can, too, according to HB0588. Read the statute a bit more carefully and you'll see.

    http://www.dps.nm.org/lawEnforcement...B0588final.pdf

    And yes, I have heard about the restaurant law, which honestly I feel is kinda pointless since only a few restaurants ONLY serve beer, but I guess its a start.

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    MrGlock wrote:
    Um, and you point is?

    Walmart doesn't serve liquor, they sell it. HB0588 draws the line between these distinctions, as the previous understanding of the law saw these distinctions as the same thing.

    Walmart sells package liquor, thus they fall into the HB0588 category of establishments OK to carry into.

    My CCW allows me to carry in Walmart or any other package liquor establishment without signs posted, end of story. Anyone else with a CCW can, too, according to HB0588. Read the statute a bit more carefully and you'll see.

    http://www.dps.nm.org/lawEnforcement...B0588final.pdf
    Yes. Concealed. Not open carry. This is what you said in your first post:
    "I was carrying my .45 in the open, as the recent HB0588 now allows me to in places like Walmart, assuming they don't have signs up prohibiting firearms."

    That is comitting a 4th degree felony.

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    Regular Member MrGlock's Avatar
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    I guess I got lucky then

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    MrGlock wrote:
    I guess I got lucky then
    lol

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    MrGlock wrote

    Not to mention, if you've read up on the laws, HB0588 allows anyone with a CCW to carry into these establishments. I have a CCW. Sounds like you didn't know this or the law.

    After reading your other threads about your various run-ins with law enforcement, I normally would ignore someone like you. You sir, IMHO give law abiding gun owners a very bad image by NOT knowing the law and running around spouting off at LEO and others while open carrying. That said, for the benefit of people reading this thread:

    There is NO law that allows someone to open carry a firearm into ANY establishment that sells or serves liquor. IF you have a CCW AND you CONCEAL your firearm, you may enter the licensed premise of a store that SELLS FOR OFF PREMISE CONSUMPTION ONLY. So to review, open carry into Walmart on Carslile-4th degree Felony, lose your right to ever carry a gun again. Got it?

    MrGlock, I suggest you take some time and read past posts on this board before you start accusing people of not knowing the law. There are some on this board WAY better versed than you could ever hope to be.

    -Space

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    MrGlock wrote:
    Sorry sir, this isn't a tall tale. Law requires the sign be in a conspicuous place, legible and readable, not on faded and sunbleached printer paper. They told me not to carry AFTER I had already entered the establishment, and I didn't see the sign for the life of me. They have every right to ask me, its not like I'm psychic and knew they would ask.

    Not to mention, if you've read up on the laws, HB0588 allows anyone with a CCW to carry into these establishments. I have a CCW. Sounds like you didn't know this or the law.


    But either way, take it as you will.


    I know the law.

    When we considered the verbiage of HB 588, we were very careful to insure there would be no confusion between concealed carry and open carry. The fact that you possess a CHL is not relevant to the fact that the bill signed into law excludes open carry. How you can read the change to the law made in 2007 to include open carry is beyond my comprehension.

    by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act; provided that the licensed establishment does not sell alcoholic beverages for consumption on the premises;

    I strongly suggest you read the statutes more carefully with regard to ANY changes made in our concealed carry act now and in the near/foreseeable future. At this time, there are no plans in the near future to change anything in the open carry laws in NM. Don't misunderstand, we're not ignoring open carry. Changing state laws in NM is a difficult process at best. We have to pick our battles carefully to succeed. Saying "easier" is a misnomer but changing a law that still keeps the firearm out of public view is an "easier" change to make than one the puts the firearm in full public view. Once we have a history of no issues under the circumstances in concealed carry we can start working on open carry in the same circumstances. It takes time and patience.

    In regard to the signage issue, 1) in NM any sign posted is valid to prohibit carry 2) that sign is the sign given to the licensee by the Alcohol and Gaming Division and 3) though there are exceptions - almost all Wal-Mart stores in NM sell alcohol. It's common knowledge. If you were charged, you would lose based on the location of the sign and become a felon. It's up to you to know where you can carry and where you cannot. "Sunbleached paper" is not unusual in NM.

    Lastly, your comment on the legislation we recently passed is also incorrect. SB 40 allows concealed carry in restaurants the serve beer and wine only. There are 800 full dispenser licenses in NM. There are 647 60/40 [beer and wine only] licensees in NM as of Feb 3rd. This change in the law - once signed - goes into effect on July 1st, 2010 and is a significant step in the right direction. 647 is not a few in anyone's book.

    Considering you live in Albq - there are 223 restaurants you will be able to dine in with your license. http://www.rld.state.nm.us/agd/

    It is crystal clear to me that you don't understand our laws and are trying to force your interpretation of the law on others. If you have questions about our firearms laws - you should ask someone that's honestly knowledgable about them. If you don't, you're likely to find yourself in front of a judge. I have a problem with you doing that. When that happens, you will make my job that much harder - if not impossible in the future.


    Steve Aikens


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    Well said Steve. Currently, the only walmarts in the state where you can open carry are the ones that do not sell alcohol.

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    Regular Member MrGlock's Avatar
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    Well, sorry to disappoint. I never said I was well versed in the laws, I just know enough to cover myself. Take it as you will.

    And with all of the run-ins with the cops in this town, I'm sick that almost none of them know the laws well enough. Oh well. I've never been arrested, so I guess I'm doing something right. 6 years and running.

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    From what you have posted on this forum, you don't know the law and you don't know enough to cover yourself. That's exactly the point of my post.

    Frankly, you appear to be a Law Enforcement Officer wannabe. There's nothing wrong with wanting to be a LEO - I was one and it's a good and honorable profession. However, as a "security guard" and someone that wants to display a firearm to the public, you're treading on dangerous ground when you don't understand the law. You say you have a CHL. You should go back and re-read the Concealed Carry Act of 2003 and the amendments making it the Concealed Carry Act of 2005 and use your license to carry your firearm concealed legally until you gain a better understanding of the open carry laws.

    It's legal to carry openly in NM where it's not prohibited. Where you're failing is understanding where it's prohibited. That information is not all found in the Concealed Carry Act. There are other parts of the Statutes that address prohibitions, for example 30-7 NMSA.

    You alluded that an officer addressed you in a Starbucks and suggested you consider a career in Law Enforcement. That's a good suggestion. The State Police are always looking for the good guys that can make the Academy. Look into it. You would probably be a fine officer and would then be well versed in the law - and how to find the law in the Criminal CodeStatutes.

    However, continuing on the path you seem to be on based on what I read here is heading down the wrong road, will get you into trouble and more importantly to me, continue to present firearms carry - either openly or concealed - in a bad light to the public. You promote that you want to be in the face of the public with your firearm and are simply going about it in the wrong way.

    You should know that I carry openly pretty much throughout NM and have NEVER had a single incident other than being confronted by an anti-gun manager at IHOPthat violated IHOP policy and asked an Police Officer and I to leave because we were carrying openly. That tells me that there is something wrong with how you project yourself when you carry openly.

    If you have any questions or need some help, I don't have any problem helping you better understand our laws. I created a web site at www.handgunlaw.us for all the U.S. and have a concealed carry site at www.nm-ccw.com where you can find all the information you need for NM. If there's anything else I can do to help - just let me know.

    Steve Aikens

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    Regular Member MrGlock's Avatar
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    The last thing I EVER want to be is a LEO, so stop with your long-winded responses and realize that I made a mistake. I understand you know alot about this, but just say I was wrong and leave it at that. APD is a joke, especially with the recent DWI incident. Nobody could pay me enough to be one of them, much less emulate one.

    I laughed when you said it, actually.

    So take the story as you will. I posted it so people could learn from it, as I have with everyone's responses to it. Sure, I need to polish up on some things and alot of what you've posted I ALREADY KNOW, I just didn't care to say anything about it. Like I said, I've been in this game 6 years now and haven't seen a minute of jail time. That speaks for itself.

    Otherwise, thank you all for your responses. This has been a learning experience for me, and hopefully others.

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    should be noted that walmart has a corporate policy to follow federal,state and local laws concerning firearms.

    i am not familiar with your state firearm laws.

    if it is some place you may legally carry,they can get in a sh*t ton of trouble with corporate for not following policy,if they remove you from the building/property.
    not a lawyer, dont take anything i say as legal advice.


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    lil_freak_66- Open carry of firearms where alcohol is sold is prohibited in NM - at this time. Wal-Mart sells alcohol.



    Steve Aikens

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