Just got e checked at Wal mart.

yellowneck86 · Mar 4, 2010

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 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?

slade309 · Mar 4, 2010

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! :?

yellowneck86 · Mar 4, 2010

imported post

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

ConditionThree · Mar 4, 2010

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?

yellowneck86 · Mar 4, 2010

imported post

ConditionThree wrote:

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.

heliopolissolutions · Mar 4, 2010

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.

Gundude · Mar 4, 2010

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.

Lomic · Mar 4, 2010

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.

pullnshoot25 · Mar 4, 2010

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.

ChuckBooty · Mar 5, 2010

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.

ConditionThree · Mar 5, 2010

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.

yellowneck86 · Mar 5, 2010

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.

Click to expand...

-1 for going without audio running. Without it, it is your word against theirs.

The brief detention by Martinez PD was somewhat laudable, but it appears that there might have been a strategy to wait until you were subject to the California Vehicle Code to obtain your identity. I would be curious to find out if MPD has set this as a protocol to prevent encounters demanding ID getting the department into trouble... Or if they had second thoughts about allowing two unidentified armed 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.

bogeyx5 · Mar 5, 2010

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.

bigtoe416 · Mar 5, 2010

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.

pullnshoot25 · Mar 5, 2010

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.

MudCamper · Mar 5, 2010

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.

pullnshoot25 · Mar 5, 2010

imported post

Apparently so.

Decoligny · Mar 5, 2010

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.

Click to expand...

-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.

Click to expand...

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.

coolusername2007 · Mar 5, 2010

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

Click to expand...

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.

McX · Mar 5, 2010

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.

Just got e checked at Wal mart.

Regular Member

New member

Regular Member

State Pioneer

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

State Pioneer

Regular Member

Regular Member

Anti-Saldana Freedom Fighter

Regular Member

Founder's Club Member

Regular Member

Regular Member

Regular Member

McX

Guest