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First "Bad" experience OC'ing

Luther1517

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Mar 4, 2010
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18
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Kernersville, North Carolina, USA
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Tonight I spent over an hour in the Kernersville Wal-Mart shopping while OC'ing without incident. I carry a Kimber Crimson Carry 3" .45 (1911), tonight I had it in my IWB, nice and discrete. I went across the street to Harris Teeter and was in the store no more than 20 mins, when I noticed a store employee walking directly toward me from behind. I turned to face him and he says "I have to ask you to take your gun and lock it up in your car". I ask "Why, do you folks have a store policy prohibiting firearms in your store?" He replies, "No, but several customers have said that you are making them nervous." "By doing what, shopping?", I asked."No, its your gun", the asst. manager states annoyingly. "Well, what's problem. I am in full compliance with North Carolin law. Open Cary of a fire arm is protected under the NC and US constitutions" I say. Now he gets really mad..."Look, I am not going to debate gun laws with you. I know my rights as a store owner. If I ask you to put it in your car, you have to comply". "Oh really, since when do you have the right to disarm a citizen"." Tell you what, I spend over $600 a month here, take my half-full cart and stick it. You'll never see me back in this store again." And I start to walk off. Then he says "Hey..Wait a minute. I have a concealed carry permit myself. I think everybody should carry a gun, but I have got deal with these customers, man. I 'm in a bad spot, you know". I say, "That's cool, but just ask me to cover my weapon. I would be glad to untuck my shirt and cover it. But don't ask me to disarm myself because some anti-gun nut get nervous."

After that exchange, he took me in to the back of the store and wanted to see my Kimber and talk guns for 45 mins. Turned out to be a nice guy, but lacking in the guts dept when it comes to informing customers about NC gun laws. He did ask me to carry concealed next time I visited Harris Teeter in K-ville.
 

Preble

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Apr 14, 2009
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246
Location
High Point, North Carolina, United States
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I'm in that store every once in awhile, But i'm only in for at most 10mins at a time.....I know they HAVE to see mine...Full size Springfield XDM 40 With the olive drab frame and stainless slide.lol

Next open carry meet at prissy pollys should start at the Harris, =D
 

Luther1517

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Mar 4, 2010
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Kernersville, North Carolina, USA
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Thanks for the replys, folks. i just did find the Triad OC Calender. I will make it point to be there next meet.

Maybe one of you can help me...I have pouring over the NC laws and can not find anything that gives a store or business owner the right to ask a person to leave their establishment, (if they are comittingno crime) just because other custmers are getting nervous over a legally carried firearm. What if I had refussed to leave or cover my weapon? He would have called KPD. Then what? I would be charged with disorderly conduct? What about the "other" customers who started the problem? I think you guys are right, K-vile HT needs an OC BLITZ of about a half dozen armed citizens.
 

S&W41mag

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Mar 7, 2010
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Kernersville, NC, ,
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Most likely, the police would respond, and have the manager tell you in front of them that you were no longer allowed to come on the property, and that if you did, you would be charged with trespass. A store owner or property owner can have anyone removed from their property for any reason they want.

Btw, where is the Triad OC calendar?
 

jag06

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Jan 29, 2010
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292
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, North Carolina, USA
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I know that store well, sorry you had a bad time there. As far as I know if a manager or employee asks you to leave you have to, if not you are considered trespassing.

I am with Preble, but instead of prissy pollys lets do fire mountain and then a stop for some groceries.
 

Bebog

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Jun 11, 2009
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Four Oaks, North Carolina, USA
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As Jag said, if asked to leave and you refuse you will be trespassing and most certainly will be charged with such if police are involved. If a manager asks you to leave a store, do not argue and leave immediately (I definitely like how you pointed out a dollar cost in the loss of your patronage). However, make sure it is a manger that asks (not just an employee) and be sure to get his or her name. Then as soon as you can, file a polite and professional complaint with the corporate office (this is why you need to be sure to get his or her name). If it is a standard big box like Wal-Mart or Lowe's that "follow state laws", they will take care of educating the manager and you will be clear to OC there next time. However, never forget that even though the manager may be going against his company's policy, they can still legally ask you to leave for any reason and you must do so immediately.

Also, my personal opinion is that a police offer has no right to ask me to leave or cover up. If I had a policeman ask me to leave, cover up or put my gun in my car I would ask him or her to involve the manager and see if that is the manager's wish first. But, that is just my .02.


Thought I should edit text to include citation:

§ 14‑159.13. Second degree trespass. (a) Offense. – A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another: (1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or (2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises. (b) Classification. – Second degree trespass is a Class 3 misdemeanor. (1987, c. 700, s. 1; 1993, c. 539, s. 102; 1994, Ex. Sess., c. 24, s. 14(c).)
 

CarryOpen

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The store manager had a bad experience with OC also. There's no point in arguing, if a store owner or manager asks you to leave then you should comply. If it's an employee, ask to speak with a manager. Sorry to say this, but you were in the wrong.
 

nobama

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This is one reason I OC. We as gun owners have been demonized by the left and as well as the firearm itself. By OC, we can educate the bed wetters and start taking this "evil" myth out of the equasion. I will NOT give up my rights just to make someone FEEL more at ease. The Gov. scares me more than anyone.
 

blindhog

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Jan 22, 2010
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Greensboro, North Carolina, USA
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Ok guys I know you may not want to push this but a business has no right to ask you to leave or refuse you entry based on your exercise or lawful carry of a firearm. I had a thread going that was called Plain old discrimination where we were discussing this and I thought I was wrong with my view of it but here is a video that states what I believe to be true about the exercising of the 2nd in a private business . http://www.youtube.com/watch?v=GP1Wgkh5MeE&feature=related
 

CarryOpen

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If a property owner or their agent asks you to leave you can be charged with trespassing for not complying. Additionally, you are just creating a poor image of OC.

I know there's one judge who thinks it's a rights violation, but you can almost always find one judge who agrees with you. Doesn't make it legitimate. There are a whole lot of laws on the books that remain so far unchallenged that are affected by what this guy is saying.

I have the same level of respect for business owners as I do private property owners, if they don't want me to conduct activity on their property then I won't do it and I will take my business elsewhere.
 

Lawmaker

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Jacksonville, North Carolina, USA
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blindhog wrote:
Ok guys I know you may not want to push this but a business has no right to ask you to leave or refuse you entry based on your exercise or lawful carry of a firearm. I had a thread going that was called Plain old discrimination where we were discussing this and I thought I was wrong with my view of it but here is a video that states what I believe to be true about the exercising of the 2nd in a private business .
This is the discrimination argument. Should establishments be able to discrimination based on a personal choice? So they could say no gays or no religious people? If I had the time/money I would love to blow this up in some corporate/government faces.
 

nobama

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The way I see it. If the store guy had any Ba%$#, he would have told the persons complaining that they have the right to leave. Also I dont believe there was more than one person complaining from personal experience.
 

CarryOpen

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Lawmaker wrote:
blindhog wrote:
Ok guys I know you may not want to push this but a business has no right to ask you to leave or refuse you entry based on your exercise or lawful carry of a firearm. I had a thread going that was called Plain old discrimination where we were discussing this and I thought I was wrong with my view of it but here is a video that states what I believe to be true about the exercising of the 2nd in a private business .
This is the discrimination argument. Should establishments be able to discrimination based on a personal choice? So they could say no gays or no religious people? If I had the time/money I would love to blow this up in some corporate/government faces.
I still see the distinction being the overt practice. Should I have to let you "practice religion" in my store? Should I have to let you practice your sexual preference there? I don't think so. If I feel that it is interrupting my business, then the argument is bolstered. I'm not denying you the right to keep and bear arms, I'm simply saying don't bear them on my property.

I get the argument the judge is making, but I do not believe that it was the intent of the founders to force government restrictions on businesses. It's a slippery slope, you can't just tell people "It's OK to want to make a living, but first you have to give up all rights as a property owner".
 

Lawmaker

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I am in agreement with Carry Open on the Private property is my castle deal. However we are holding a double standards to the rights/discrimination.

I really would not call it practicing my right by just carrying a firearm like you used in your examples. Maybe shooting my gun in the store would be equal to your examples. I think of it more like Gun owner=Christian=Gay person. If we as a government are going to force private property owners to accept people into their establishments based on race and religion why not being a gun owner.
 

chiefjason

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Luther, you need to contact Harris Teeter corporate and see what their policy is. The manager may not get to make his own policy, he may have to follow corporate.
 

CarryOpen

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Lawmaker wrote:
I am in agreement with Carry Open on the Private property is my castle deal. However we are holding a double standards to the rights/discrimination.

I really would not call it practicing my right by just carrying a firearm like you used in your examples. Maybe shooting my gun in the store would be equal to your examples. I think of it more like Gun owner=Christian=Gay person. If we as a government are going to force private property owners to accept people into their establishments based on race and religion why not being a gun owner.

What I'm saying though is that you aren't being discriminated against as a class (gun owner, christian, gay). You are being asked that you not practice the act (bearing arms) on said property. While I completely understand how great it would be for me if this were considered discrimination (if I ever were a store owner I wouldn't have anti policies), I also hold property owner's rights in very high regard and would hate to force my beliefs and practices on them. If I went to a restaurant that said "No White Men" then I would probably be offended, but I also wouldn't want to give them any of my money.
 
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