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Thread: Mcdondalds giving me a headache

  1. #1
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    I was in a situation today at Mcdonalds. I am a everyday law abiding citizen that likes to exercise my Second Amendment Right, I open-carry my (visible, in plain sight)handgun. I walked into the store, let my child go play, ordered my food and then was asked if i had permit or was a law officer. I replied, "No I am not, why do you ask?" The employee told me that i was not allowed to carry my firearm, I asked where is the sign stating that "Firearms are not allowed" he said, "the manager, told me to tell you to that your gun is not allowed due to security reasons. If you do not remove it or leave, we will call the police." I explained the Second Amendment states i have a right to protect myself and the right to bear arms. Also that New Mexico is an Open state that allows open carry of a visible firearm (not concealed) with a minimum age of 19yrs old. But they still did not care, and kept to what they told me. Due to my nature of being a father, i went out to my car and put my gun int he glovebox; so my daughter could play and enjoy her time....
    But i still fell they are in the wrong, and wanted to know if anyone else has had any similar situations??
    I know I should of stood my ground and fought for my rights, but i also did not want to make a huge seen in front of my daughter. But i also heard that if the manager of an establishment asked you to not carry your firearm that you can be in trouble? is this true?

  2. #2
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    You did the polite thing that any father would do. However, I believe they have the right to do that if it is posted with the sign that is required by the state. A 144 sq. in. sign that states no firearms permitted.

    McDonalds does not have that policy that I am aware of. I have carried there before without any problems. I would ask to have the name and number of the store owner, not the manager and ask for McDonald's policy in writing. I would think they are like Starbucks- they abide by the state laws.

    Keep us posted on what you find out.

    If you name the location we all ought to drop by and buy a coke!

  3. #3
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    bigtwig01 wrote:
    I was in a situation today at Mcdonalds. I am a everyday law abiding citizen that likes to exercise my Second Amendment Right, I open-carry my (visible, in plain sight)handgun. I walked into the store, let my child go play, ordered my food and then was asked if i had permit or was a law officer. I replied, "No I am not, why do you ask?" The employee told me that i was not allowed to carry my firearm, I asked where is the sign stating that "Firearms are not allowed" he said, "the manager, told me to tell you to that your gun is not allowed due to security reasons. If you do not remove it or leave, we will call the police." . . . I know I should of stood my ground and fought for my rights
    Never never ask about signs - if you ask them, they will come.

    Also, you have no "right" to carry on private property - the only correct response when told to leave by an agent of the owner is to leave - beat feet immediately, no debating - failure to leave is criminal tresspass and since you are carrying a gun, the legal system is going to treat you very severely as is the resulting negative publicity for us.

  4. #4
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    bigtwig01 wrote:
    I was in a situation today at Mcdonalds. I am a everyday law abiding citizen that likes to exercise my Second Amendment Right, I open-carry my (visible, in plain sight)handgun. I walked into the store, let my child go play, ordered my food and then was asked if i had permit or was a law officer. I replied, "No I am not, why do you ask?" The employee told me that i was not allowed to carry my firearm, I asked where is the sign stating that "Firearms are not allowed" he said, "the manager, told me to tell you to that your gun is not allowed due to security reasons. If you do not remove it or leave, we will call the police." I explained the Second Amendment states i have a right to protect myself and the right to bear arms. Also that New Mexico is an Open state that allows open carry of a visible firearm (not concealed) with a minimum age of 19yrs old. But they still did not care, and kept to what they told me. Due to my nature of being a father, i went out to my car and put my gun int he glovebox; so my daughter could play and enjoy her time....
    But i still fell they are in the wrong, and wanted to know if anyone else has had any similar situations??
    I know I should of stood my ground and fought for my rights, but i also did not want to make a huge seen in front of my daughter. But i also heard that if the manager of an establishment asked you to not carry your firearm that you can be in trouble? is this true?
    You did what you are required to do in NM. There is no such "sign" required, as stated in a previouis post here. ANY sign posted is legal in NM. If there is a sign or you are asked to leave or disarm, you need to remember that your right to carry does not supercede the property owners right to prohibit you from doing so on their property. In NM, a property owner can delegate the authority to their managers and they then can delegate it down to any employee if the employee states that management requested you leave or disarm.

    Try to understand that McDonalds are franchised businesses. They do have some freedom to expand on McDonalds policies in accordence with state laws. Whether they can expand that to control legally carried firearms in a state that allows it is what's in question here.

    If it were me, I would be on the phone to the franchisee in a heartbeat to find out their real policy. I ran into an anti-firearms manager in IHOP here in NM - contacted the corporate HQ and got that situation resolved positively. See this post http://www.handgunlaw.us/documents/IHOP.pdf

    Hope that helps.

    Steve Aikens

  5. #5
    Regular Member jamesisel's Avatar
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    I went to the McD's on avenida de mesilla two saturdays ago. everyone was polite and no problems. the manager was the one who took my order.

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    The problem with McDonalds, and I know because I used to work for them, is that:

    1. McDonalds, unlike competitors, allows Franchises, and

    2. These Franchises have different Owners/Managers, therfore, differnet Owners/Managers means a quilt-patchwork of different Policies about Firearms.

    My Franchise Owner, when I used to work there, did not allow Firearms on the Property, arbietHis Father, another Franchise Owner of a different Store, did allowFirearms, however.

    Remember, NMS 30-14-1, and leave when told.

  7. #7
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    I did have the option to remove my firearm, which i did. I guess this is a lesson learned, and that is why i wrote this post to get information and become aware of what to do and don't do in this type of situation. Thanks everyone

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    To each his own but you basically said that due to your nature of being a father, you willfully disarmed yourself.

    I understand that you have to weigh the entire situation in totality as in that its worth it to you to leaveyourself and daughter semi vulnerable on the chance that you wouldn't need your protection so she could play at that McDonalds. Its highly unlikely you would need it but then again, in almost every situation of self defense, the victim was most likely not to expect an attack at any one specific time.

    You also could have told them to pound sand, left and not spent any money there and taken your child to a place to play that does allow you to carry your firearm. One thing you aren't allowed to do is to stay there and argue while armed after being told that you aren't wanted there andto beat your feet or hide your gun. At least you didn't press further and get yourself into trouble.



  9. #9
    Founder's Club Member ixtow's Avatar
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    Maybe your Daughter wouldn't have liked it, but she would have liked it even less if you were killed in the store while she was out on the playground. Lets not even talk about her safety, eh?

    Any place that tells me to leave, will get exactly that. Save the earful for later.

    Frankly, I think people who want to make others helpless deserve to be executed immediately where they stand. But that's just my opinion, and I, unlike them, won't enforce it. For those who take action, there are a number of ways to do more negative to their bottom line than just take your business elsewhere. Though most forum members would disagree, I feel it is not just acceptable to harm them in any way I can get away with, I feel it is a duty. Anti-gunners who huddle bodies together and paint bull's eyes on them deserve to suffer in the worst ways.
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
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    "Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams

    Tyranny with Manners is still Tyranny.

  10. #10
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    "Frankly, I think people who want to make others helpless deserve to be executed immediately where they stand." -- ixtow

    I think you're being a little too easy on them, but at least you're movingin the right direction.

    -- John D.
    (formerly of Colorado Springs, CO)

  11. #11
    Regular Member MrGlock's Avatar
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    I have open carried into WackDonalds before, never had any issues. The Wendys on Menaul west of San Mateo called the cops on me a few years back when I carried in there, but nothing came of it.

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