Page 1 of 2 12 LastLast
Results 1 to 25 of 29

Thread: Just got e checked at Wal mart.

  1. #1
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    39

    Post imported post

    My friend and I were on our way back from a meet up at Walnut creek. We decided to go to the Martinez Wal mart to pick up a few things. We walked around for 20 minutes. Had a few people approach us and asked us questions, got a few dirty looks and a lot of people walked by with out noticing. On our way out, Martinez police showed up and asked if we were with open carry; we said yes. 2 officers performed checks our guns. We were complying with 12031(e) and the officers holstered our weapons. He told us that the manager has a no weapons policy. I told him we do respect private property rights and we left. We Â*were already done with our shopping. When I left, I placed my gun in the back of my trunk in a locked container.

    on my way home, I noticed 2 police cruisers tailing me. About half a mile down the road, they pulled me over and approached my car. The officer looks at me and says " I just checked you at Wal mart." he laughed and told me that my license plate bulb was out. He asked for my drivers license and insurance. He runs my info and lets me go with a warning. He asked me if my gun was still in my holster. I told him I have it in my trunk. He says that's fine and tells me to have a good night.

    Should I have any fears of the DA trying to prosecute me now since the officer took my info during the traffic stop?

  2. #2
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    4

    Post imported post

    The DA has nothing to prosecute you for, other than a burnt out light bulb on your car. this was the only way the officer could get your ID and run your name for warrants. keep your vehicle violation free. if you had a warrant you and your gun was going down town. and the fight to get your gun back is on! if your going to open carry keep expect the police to look for anything to get that gun from you. it's funny there wasn't a problem at wal-mart with the gun, but your getting pulled over for a burnt licence plate light afterwards. seems fishy! :?

  3. #3
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    39

    Post imported post

    It might have been also profiling because I was driving my 2008 mustang gt.

  4. #4
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231

    Post imported post

    You are leaving out information.

    Was your digital recorder running?

    Was your (e) check accompanied with a demand for ID? If so, did you provide it? Was there any additional search of your person, papers, and effects? Did you consent to the search? Did you say so? Were you handcuffed? Did they run your firearms serial number? How long were you detained?

    Were you 'trespassed' by the Wal*Mart manager?

    Was your license plate bulb actually out? Were you cited with a fix-it ticket?
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  5. #5
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    39

    Post imported post

    ConditionThree wrote:
    [quote]You are leaving out information.

    Was your digital recorder running?

    Was your (e) check accompanied with a demand for ID? If so, did you provide it? Was there any additional search of your person, papers, and effects? Did you consent to the search? Did you say so? Were you handcuffed? Did they run your firearms serial number? How long were you detained?

    Were you 'trespassed' by the Wal*Mart manager?

    Was your license plate bulb actually out? Were you cited with a fix-it ticket?

    Unfortunately no, the police just popped around the corner and asked if we were with open carry. They just said that they were going to check our guns for 12031(e) compliance. We were breifly detained for 3 minutes and they did not handcuff us. they did not ask for any ID nor did they run the serial numbers on our guns.
    Wal mart asked us to leave and we complied. My bulb was out so that is another thing for me to take care of.

  6. #6
    Regular Member
    Join Date
    Sep 2009
    Location
    , ,
    Posts
    542

    Post imported post

    This is yet another paranoid post by crazy me, based on personal experience.

    There is a coordinated effort to "catch" OCers messing up, and thats straight wrong.

  7. #7
    Regular Member Gundude's Avatar
    Join Date
    Sep 2009
    Location
    Sandy Eggo County
    Posts
    1,691

    Post imported post

    yellowneck86 wrote:
    My friend and I were on our way back from a meet up at Walnut creek. We decided to go to the Martinez Wal mart to pick up a few things. We walked around for 20 minutes. Had a few people approach us and asked us questions, got a few dirty looks and a lot of people walked by with out noticing. On our way out, Martinez police showed up and asked if we were with open carry; we said yes. 2 officers performed checks our guns. We were complying with 12031(e) and the officers holstered our weapons. He told us that the manager has a no weapons policy. I told him we do respect private property rights and we left. We were already done with our shopping. When I left, I placed my gun in the back of my trunk in a locked container.

    on my way home, I noticed 2 police cruisers tailing me. About half a mile down the road, they pulled me over and approached my car. The officer looks at me and says " I just checked you at Wal mart." he laughed and told me that my license plate bulb was out. He asked for my drivers license and insurance. He runs my info and lets me go with a warning. He asked me if my gun was still in my holster. I told him I have it in my trunk. He says that's fine and tells me to have a good night.

    Should I have any fears of the DA trying to prosecute me now since the officer took my info during the traffic stop?
    Was your license plate light actually out. If it was, you should have gotten a fixit ticket, or they wanted to run your ID.I thought WalMart was OC friendly.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  8. #8
    Regular Member
    Join Date
    Jul 2009
    Location
    San Jose, California, ,
    Posts
    15

    Post imported post

    Gundude wrote:
    Was your license plate light actually out. If it was, you should have gotten a fixit ticket, or they wanted to run your ID.I thought WalMart was OC friendly.
    I have found fix-it tickets depend on the officer. I had a tail light out, and got a fix-it ticket near San Jose/Sunnyvale.

    I hadn't had time to get it fixed yet and got pulled over on I-280 near Palo Alto for the tail light again. I told the CHP officer I already had a fix-it ticket and he said "I was just going to let you know it was out, I don't give fix-it tickets for silly things like that."

    I wish I had gotten such a courteous officer the first time - would have saved me 4 freaking hours in line at traffic court.

  9. #9
    Regular Member
    Join Date
    Jul 2008
    Location
    Escondido, California, USA
    Posts
    1,140

    Post imported post

    This is bugging me.

    1) I am peeved that people keep saying they are with "open carry." Seriously, wtf? Like it is some organization. Geez

    2) Please tell me you have this on audio.

    3) Cops cant enforce private property laws without being asked and walmart follows state laws.

  10. #10
    Regular Member
    Join Date
    Dec 2009
    Location
    , ,
    Posts
    38

    Post imported post

    Also...Walmart CORPORATE policy states that OC is fine in their stores as long as it's legal. You should make a call to corporate and inquire if this is still the case.

  11. #11
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231

    Post imported post

    yellowneck86 wrote:
    Unfortunately no, the police just popped around the corner and asked if we were with open carry. They just said that they were going to check our guns for 12031(e) compliance. We were breifly detained for 3 minutes and they did not handcuff us. they did not ask for any ID nor did they run the serial numbers on our guns.
    Wal mart asked us to leave and we complied. My bulb was out so that is another thing for me to take care of.
    -1 for going without audio running. Without it, it is your word against theirs.

    The brief detention by Martinez PDwas somewhat laudable, but it appears that there might havebeen a strategy to wait until you were subject to the California VehicleCode toobtain your identity. I would be curiousto find out if MPD has set this as a protocolto prevent encounters demanding ID getting the department into trouble... Or if they had second thoughts aboutallowing two unidentifiedarmed people go.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  12. #12
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    39

    Post imported post

    ConditionThree wrote:
    yellowneck86 wrote:
    Unfortunately no, the police just popped around the corner and asked if we were with open carry. They just said that they were going to check our guns for 12031(e) compliance. We were breifly detained for 3 minutes and they did not handcuff us. they did not ask for any ID nor did they run the serial numbers on our guns.
    Wal mart asked us to leave and we complied. My bulb was out so that is another thing for me to take care of.
    -1 for going without audio running. Without it, it is your word against theirs.

    The brief detention by Martinez PDÂ*was somewhat laudable, but it appears that there might haveÂ*been a strategy to wait until you were subject to the California VehicleÂ*Code toÂ*obtain your identity. I would be curiousÂ*to find out if MPD has set this as a protocolÂ*to prevent encounters demanding ID getting the department into trouble... Or if they had second thoughts aboutÂ*allowing two unidentifiedÂ*armed people go.Â*
    while I was standing in line to get a soda, the police popped around the corner and just surprised us. By the time I tried to get my audio on my iPhone to work, the officer was already asking questions and already asked if he can do the compliance check. Considering how this encounter went, I'm surprised it was brief and painless. The officer that pulled me over knew me from previous encounters in the past, possibly why he just handed all my info back and let me off with a warning.

  13. #13
    Regular Member
    Join Date
    Feb 2010
    Location
    Bay Area, , USA
    Posts
    10

    Post imported post

    You're encounter seemed painless. Many believe you should have your recorder running at all times when you are UOC'ing and are in public so that you don't have to reach into a pocket to hit the RECORD button. If you don't record the stop, it is true that the encounter MAY be hearsay. But then again, the police often record their stops too. Of course you can't assume they are recording and assume it will be preserved.

  14. #14
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
    Join Date
    Jun 2008
    Location
    Oregon
    Posts
    1,748

    Post imported post

    +1 to always having your audio running. If you don't then somebody can say you threatened them with your gun, and then you're put in the hot seat. If you're recording, then you put THEM in the hot seat. Also if police approach you and order you to keep your hands visible, then you won't be able to record anything.

    +1 to Wal-mart following state law. Call corporate and inform them of what the manager supposedly said. Ask for him/her to be contacted and informed of Wal-mart's policy.

    Overall a decent encounter, although I wouldn't have answered where my firearm was at. He could have easily have asked to check it again, and he would have had access to your trunk. Now whether or not you're required to allow him to check a locked firearm is up for debate, but if you just don't talk about locked firearms, then you won't have to worry about it.

  15. #15
    Regular Member
    Join Date
    Jul 2008
    Location
    Escondido, California, USA
    Posts
    1,140

    Post imported post

    bogeyx5 wrote:
    You're encounter seemed painless. Many believe you should have your recorder running at all times when you are UOC'ing and are in public so that you don't have to reach into a pocket to hit the RECORD button. If you don't record the stop, it is true that the encounter MAY be hearsay. But then again, the police often record their stops too. Of course you can't assume they are recording and assume it will be preserved.
    Keeping recorder on before, during and after is critical. I cannot stress that enough.

    I would also be getting the manager on audio so that reporting the manager could be that much easier.

  16. #16
    Founder's Club Member MudCamper's Avatar
    Join Date
    Sep 2007
    Location
    Sebastopol, California, USA
    Posts
    710

    Post imported post

    pullnshoot25 wrote:
    This is bugging me.

    1) I am peeved that people keep saying they are with "open carry." Seriously, wtf? Like it is some organization. Geez
    Yes, LEO appear to keep asking that question. Perhaps many of them just can't get past a group-think mentality. They are members of a group. They are used to dealing with criminal gangs. They assume that "open carry" means a membership like group. The individualistic liberty-minded citizen is an anomaly they can't quite understand.



  17. #17
    Regular Member
    Join Date
    Jul 2008
    Location
    Escondido, California, USA
    Posts
    1,140

    Post imported post

    Apparently so.

  18. #18
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    yellowneck86 wrote:
    ConditionThree wrote:
    yellowneck86 wrote:
    Unfortunately no, the police just popped around the corner and asked if we were with open carry. They just said that they were going to check our guns for 12031(e) compliance. We were breifly detained for 3 minutes and they did not handcuff us. they did not ask for any ID nor did they run the serial numbers on our guns.
    Wal mart asked us to leave and we complied. My bulb was out so that is another thing for me to take care of.
    -1 for going without audio running. Without it, it is your word against theirs.

    The brief detention by Martinez PDwas somewhat laudable, but it appears that there might havebeen a strategy to wait until you were subject to the California VehicleCode toobtain your identity. I would be curiousto find out if MPD has set this as a protocolto prevent encounters demanding ID getting the department into trouble... Or if they had second thoughts aboutallowing two unidentifiedarmed people go.
    while I was standing in line to get a soda, the police popped around the corner and just surprised us. By the time I tried to get my audio on my iPhone to work, the officer was already asking questions and already asked if he can do the compliance check. Considering how this encounter went, I'm surprised it was brief and painless. The officer that pulled me over knew me from previous encounters in the past, possibly why he just handed all my info back and let me off with a warning.
    Never rely on a cell phone for audio recording.

    Purchase a digital audio recorder that has enough memory and battery life to last the entire time you will be open carrying. Keep it running for the entire time. If something occurs that needs recording, it usually happens with little or no warning.

  19. #19
    Regular Member coolusername2007's Avatar
    Join Date
    Jun 2009
    Location
    Temecula, California, USA
    Posts
    1,660

    Post imported post

    MudCamper wrote:
    pullnshoot25 wrote:
    This is bugging me.

    1) I am peeved that people keep saying they are with "open carry." Seriously, wtf? Like it is some organization. Geez
    Yes, LEO appear to keep asking that question. Perhaps many of them just can't get past a group-think mentality. They are members of a group. They are used to dealing with criminal gangs. They assume that "open carry" means a membership like group. The individualistic liberty-minded citizen is an anomaly they can't quite understand.

    Excuse me, I'm not the anomaly. All the mindless, group thinkers are the anomaly. Regardless of the fact that the anomalies are multiplying and occuring with greater frequency, they are still the anomaly.


    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  20. #20
    McX
    Guest

    Post imported post

    a very interesting story. i'm sorry to hear you had to leave the store, since you obeyed the law to a tee. i't s a tough one to call; you were compliant, even on the second stop. so hopefully the police learned that open carriers are indeed solid citizens, mindful of the law. let it go i guess. you won out. you proved yourself repeatedly to me.

  21. #21
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Lamma Island, HK
    Posts
    964

    Post imported post

    Not that you did anything wrong, but maybe next time you can:

    • Request to speak with the store manager to verify corporate policy.
    • Refuse to drive until the police have left.
    • Have the unarmed friend drive the vehicle so that they can't force ID.
    Just thoughts.

  22. #22
    Regular Member
    Join Date
    Feb 2010
    Location
    , ,
    Posts
    329

    Post imported post

    Maybe they stopping you at the school zone

  23. #23
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    39

    Post imported post

    When they stopped me my gun was already unholstered and in the back of my trunk. I live in a cluster fnck of victim disarmament zones so I took the caution of locking my glock in my trunk. Finds out I really did have a burnt out license plate bulb and I replaced it the next morning.

    The officer just gave me back my info and gave me a warning. We shook hands and he drove off.

  24. #24
    Regular Member
    Join Date
    Sep 2009
    Location
    , ,
    Posts
    542

    Post imported post

    yellowneck86 wrote:
    When they stopped me my gun was already unholstered and in the back of my trunk. I live in a cluster fnck of victim disarmament zones so I took the caution of locking my glock in my trunk.

    Do it, always, don't fail in this, please. Especially since you're already being targeted.

    If employees ask you to leave, its pretty much the same thing as being asked by the manager, you can clarify policy later, you don't want to resist being asked to leave, at that point you may as well be trespassing.


  25. #25
    Regular Member
    Join Date
    Feb 2010
    Location
    , ,
    Posts
    329

    Post imported post

    yellowneck86 wrote:
    (After checked your ID) He asked me if my gun was still in my holster. I told him I have it in my trunk.

    yellowneck86 wrote:
    When they stopped me my gun was already unholstered and in the back of my trunk. I live in a cluster fnck of victim disarmament zones so I took the caution of locking my glock in my trunk. Finds out I really did have a burnt out license plate bulb and I replaced it the next morning.

    The officer just gave me back my info and gave me a warning. We shook hands and he drove off.
    (Don't mind if I ask about you got a warning for what? It just that's unusual after fixed.)

    I'm aware of that,just wonder why he asked you about your gun again. Really wonder if the officer did come-up with another trick to stop you within thousand feet of the public or private K,1-12 school zone. If not, they might not know is legal to drive with it. No problem in good old day until the zone laws. And now, yes, "always" put the guns in locked case or in truck because no one’s having any idea where is the school while driving with open carrying weapon at all the time.

    Anyone notice how many a private posted sign of “Kindergarten” school in the area and it is the same as “Pre-school” isn’t defining by law? What if, they aren’t really a kindergarten age? Too much school zone area isn’t it? The "private K" defined should be removing. Yes, I know about coming in June but is still isn’t a dream for now.

    Other factor, I don'tit is the law or DA policy. I read a few cases of state wide included myself are not about OC, after you're free to go andcannot be the same officer to confronting you again. Something to do with avoid of conflict and safely reason.

    Remember, law enforcement have a right to lies but can’t lie in court per U.S. Supreme Court.

    Above all, you did well and thanks for educationwith us.



Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •