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Thread: Buy & Go Gas Station In Wilmington NC says OC is illegal.

  1. #1
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    So I am on the way to pick up my friend to go to the range. I OC quite often around Wilmington and have never had a problem.

    I entered the Buy & Go convenience store located on N. College Road headed to the energy drink cooler then to the register. I see the manager staring at me. He comes rushing over and asks me if I am undercover and I say "No". He then says are you allowed to carry that and I said "Yes". He said are you police. I said no. He then asked do you have a license for it and I said there is no such thing. I then tried to politely explain to him that OC was perfectly legal. He then told me he had a gun so he knew it was illegal to OC in public. I tried not to laugh. I said if you want me to leave the store I will, but he said no he just said it was illegal for me to carry since it scares people. I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.

    He then said would you carry your gun in Wal mart or K mart and I said yes I do all the time. It was like telling someone the sky is blue and they just keep telling you no its orange. It was frustrating.

    I then asked him if that was the store/corporate policy and he didnt really answer, but just basically said they didnt need a policy since it was against the law to OC!

    I then asked for the corporate number for his store, he then acted flustered and would not give it to me. I decided to leave at that point and come back at a later time with an OC Flyer and try to talk to him again.

    The store is
    Buy & Go #6
    808 North College Road
    Wilmington, NC 28405-2534
    (910) 796-1350
    If anyof you come into Wilmington on I-40 its the huge Exxon sation on your left when I-40 ends and turns into college road. I for one will no longer shop there till this is figured out. I am trying to see if there is a franchise owner I can talk to since I am pretty sure the guy I talked to in the store was just a manager.


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    There is no signage requirement in NC. Him asking you to leave would be the same result as a posted sign. In other words, non-compliance would be trespassing. The signage is only applicable to concealed weapons in North Carolina.

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    From what was said above, the store manager never asked him to leave. The OP just offered some advice for future occurrences which would keep the manager from having to confront every OC that walks through the door.

    I believe taking a flyer back to him and trying to educate him is a great idea.

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    billxdm wrote:
    I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.
    Again - this only applies to CC. OC is not "regulated" by signs in any way other than you can be asked to leave and if you refuse to comply you are trespassing.

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    Posted: Tue May 18th, 2010 07:23 pm
    CarryOpen wrote:
    billxdm wrote:
    I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.
    Again - this only applies to CC. OC is not "regulated" by signs in any way other than you can be asked to leave and if you refuse to comply you are trespassing.
    Again??.....again what?.......get your sh#t straight and post cites for the information.

    You posted nothing about ''CC anything'', and your information about NC~OC is incorrect. The CORPORATE POLICY is the overruling majority.

    Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.

    Ask for the corporate phone # and talk to someone in charge. The 'store manager' does not make the rules/laws, but be diplomatic in your presentation [education].

    Kudos to the OP, but learn the proper responses for 'illegal OC' for a faster resolution to the situation.

    I OC everywhere in Fay and educate everytime I'm out.

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    razor_baghdad wrote:
    Posted: Tue May 18th, 2010 07:23 pm
    CarryOpen wrote:
    billxdm wrote:
    I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.
    Again - this only applies to CC. OC is not "regulated" by signs in any way other than you can be asked to leave and if you refuse to comply you are trespassing.
    Again??.....again what?.......get your sh#t straight and post cites for the information.

    You posted nothing about ''CC anything'', and your information about NC~OC is incorrect. The CORPORATE POLICY is the overruling majority.

    Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.

    Ask for the corporate phone # and talk to someone in charge. The 'store manager' does not make the rules/laws, but be diplomatic in your presentation [education].

    Kudos to the OP, but learn the proper responses for 'illegal OC' for a faster resolution to the situation.

    I OC everywhere in Fay and educate everytime I'm out.
    I told him OC was perfectly legal, he just refused to believe it and stated that he had his own firearm and therefore he knew all the rules. It was like talking to a brick wall.

    I did ask for their corporate number and he refused to give it to me. I then looked for one of those "This franchise is owned by ....... call --------- with any compaints" signs. But did not see any.

    I even asked this guy if he wanted me to leave the store and he said no.

    He basically just wanted to tell me I could not OC anywhere in public and that I could not do it in his store.

    Also communication with this guy was not the greatest. He was arabian or something like that.


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    First, don't ask for signs. Just don't mention them. If they want you to leave just tell them you will spend your money elsewhere. I know they do not directly effect OC, but the CC crowd is always concerned that OC will hurt CC. And asking for signs is one of the ways it might. Just something to think about. It's better left out of the conversation.

    The OC flyer would be a good idea.

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    chiefjason wrote:
    First, don't ask for signs. Just don't mention them. If they want you to leave just tell them you will spend your money elsewhere. I know they do not directly effect OC, but the CC crowd is always concerned that OC will hurt CC. And asking for signs is one of the ways it might. Just something to think about. It's better left out of the conversation.

    The OC flyer would be a good idea.
    Yeah I get what you are saying about the signs.

    I dont think I need to worry about this guy posting signs though, since he thinks its just plain illegal to carry a gun period. No need for signs in his opinion.

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    Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.
    If a store owner or ANYONE else that is in charge of the property, that would include management, asks you to leave and you do not, you are trespassing by definition. There are no exceptions unless you are a LEO in the course of your duties and not involved in activity that would require a warrant.

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    razor_baghdad wrote:
    Posted: Tue May 18th, 2010 07:23 pm
    CarryOpen wrote:
    billxdm wrote:
    I said if he does not want people to carry in his store he needs to post signs. He then said I was wrong and that he does not need to post signs since OC is illegal and therfore signs are not needed.
    Again - this only applies to CC. OC is not "regulated" by signs in any way other than you can be asked to leave and if you refuse to comply you are trespassing.
    Again??.....again what?.......get your sh#t straight and post cites for the information.

    You posted nothing about ''CC anything'', and your information about NC~OC is incorrect. The CORPORATE POLICY is the overruling majority.

    Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.

    Ask for the corporate phone # and talk to someone in charge. The 'store manager' does not make the rules/laws, but be diplomatic in your presentation [education].

    Kudos to the OP, but learn the proper responses for 'illegal OC' for a faster resolution to the situation.

    I OC everywhere in Fay and educate everytime I'm out.
    Why are you getting so heated? I can't cite a negative. There is no state law that allows stores to regulate open carry with signage, that only applies to CC. It is nothing more than trespassing if you OC against the owner's wishes. If you want to prove that there is a state law then it is your duty to cite, not mine.

    Also, if you had read and comprehended both of my posts, you would see what the "again" was about.

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    Seems like a lot of you folks don't know the proper way to handle this.

    "Are you asking me to leave?" - if yes, then leave.

    Any other response:

    "Are you a lawyer?" - if no, then ask

    "Do you know the penalties for giving legal advice without a state license?" - try to look very serious here, as you consider whether to charge him or let him off the hook "this time". "Just don't do it again."

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    mekender wrote:
    Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.
    If a store owner or ANYONE else that is in charge of the property, that would include management, asks you to leave and you do not, you are trespassing by definition. There are no exceptions unless you are a LEO in the course of your duties and not involved in activity that would require a warrant.
    Exactly... It doesn't matter what their corporate policy is if any employee asks you to leave you better git
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

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    7. any premises, except state owned rest areas or stops along the highways, where notice
    that carrying a concealed handgun is prohibited by the posting of a conspicuous
    notice, or statement by the person in legal possession or control of the premises.
    N.C. Gen. Stat. § 14-415.11(c)


    Carryopen, you have pointed something out to me that I always assumed wrongly. I didn't pay close enough attention to the statute above on restricted areas of carry, but it clearly identifies signage regulating ONLY concealed handguns. So yeah I suppose you could carry openly anywhere that is posted until someone asks you to leave...
    Anyone else have a take on this?

    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

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    Smith45acp wrote:
    7. any premises, except state owned rest areas or stops along the highways, where notice
    that carrying a concealed handgun is prohibited by the posting of a conspicuous
    notice, or statement by the person in legal possession or control of the premises.
    N.C. Gen. Stat. § 14-415.11(c)


    Carryopen, you have pointed something out to me that I always assumed wrongly. I didn't pay close enough attention to the statute above on restricted areas of carry, but it clearly identifies signage regulating ONLY concealed handguns. So yeah I suppose you could carry openly anywhere that is posted until someone asks you to leave...
    Anyone else have a take on this?
    Yup.......this:

    7. any premises, except state owned rest areas or stops along the highways, where notice that carrying a concealed handgun is prohibited
    The OP was not carrying a 'concealed handgun' and had he have been carrying concealed without a permit, he would have been breaking the law.

    OC IS LEGAL IN A NON-POSTED ESTABLISHMENT......PUNTO. The management needs to understand their own corporate policies and sometimes a 'push' in the the right direction....(ie-'please call YOUR manager')......is the right push.

    To turn your back and say 'oh, well' is to give in the the anti gun establishment.

    Wasn't trying to be belligerent, but when you say 'again'...to lead off your point, you're inferring that I wasn't listening the first time that you told me what you wanted me to hear, but didn't want to listen to what I had to say....when you never really said anything to begin with....

    Guess my point is that you are not guily of trespassing just because the manager does not know the gun laws of his own corporation.

    IMHO, it'd be worth sticking it out until the call is made to HIS corporate supervisor. I suppose I'll find out when that situation arises and I'll post here.

    I OC everyday in Fayetteville with no problems.



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    Drove back by the store today, but unfortunately did not have any literature with me otherwise I would have went in and shown the OC flyer to him.

    I have OC'd in this store before with no problem.

    What really got me heated today was when I saw the huge American flag flying outside. I mean its one of those obnoxiously huge ones that would cover your house if it came loose. It just got me pissed that these people go out of their way to fly this flag to say they are patriotic or whatever yet with their ignorance of the law they totally trampled on my rights.

    And just to clear things up, I was never asked to leave the store therefore I was not trespassing. He just said I cannot carry my gun in the store. Not sure where that puts me legally. The fact that he said I cannot come in the store with my gun. I would think I can do it anyways with no legal consequences as long as he never asks me to leave the store.

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    billxdm wrote:
    I am trying to see if there is a franchise owner I can talk to since I am pretty sure the guy I talked to in the store was just a manager.
    Let it go - he's a nobody - just keep OCing discreetly.

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    razor_baghdad wrote:
    Smith45acp wrote:
    7. any premises, except state owned rest areas or stops along the highways, where notice
    that carrying a concealed handgun is prohibited by the posting of a conspicuous
    notice, or statement by the person in legal possession or control of the premises.
    N.C. Gen. Stat. § 14-415.11(c)


    Carryopen, you have pointed something out to me that I always assumed wrongly. I didn't pay close enough attention to the statute above on restricted areas of carry, but it clearly identifies signage regulating ONLY concealed handguns. So yeah I suppose you could carry openly anywhere that is posted until someone asks you to leave...
    Anyone else have a take on this?
    Yup.......this:

    7. any premises, except state owned rest areas or stops along the highways, where notice that carrying a concealed handgun is prohibited
    The OP was not carrying a 'concealed handgun' and had he have been carrying concealed without a permit, he would have been breaking the law.

    OC IS LEGAL IN A NON-POSTED ESTABLISHMENT......PUNTO. The management needs to understand their own corporate policies and sometimes a 'push' in the the right direction....(ie-'please call YOUR manager')......is the right push.

    To turn your back and say 'oh, well' is to give in the the anti gun establishment.

    Wasn't trying to be belligerent, but when you say 'again'...to lead off your point, you're inferring that I wasn't listening the first time that you told me what you wanted me to hear, but didn't want to listen to what I had to say....when you never really said anything to begin with....

    Guess my point is that you are not guily of trespassing just because the manager does not know the gun laws of his own corporation.

    IMHO, it'd be worth sticking it out until the call is made to HIS corporate supervisor. I suppose I'll find out when that situation arises and I'll post here.

    I OC everyday in Fayetteville with no problems.

    You weren't reading if you still think I said nothing. Listening I don't know about... My again was directed to the poster above me, written at a time when you were not involved in the thread, so I'm not sure how you could have actually read my posts and still decided that they were directed toward you.

    Let me try and put this down here clearly one last time - The OP told the store manager he needed to post signs to ban OC. I told the OP there is no signage law for OC in NC. The next poster appeared to not understand the context of my reply, so I quoted the OP and again stated that there is no signage law.

    If the manager is acting as an agent of the property owner (unless I know differently I must make the reasonable assumption that he/she is) then you are indeed trespassing if you refuse to leave after being asked. On the same note, you could possibly be guilty when disregarding a no weapons sign on the door, thus my comment that you would only be guilt of trespassing if a sign was posted.

    People need to understand the difference in posting signs if they are going to "educate" others. Additionally, I don't know why anyone would suggest signage if they were trying to make it more convenient to carry.

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    Also, I'm still waiting for that cited law that contradicts what I posted.

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    My comment was just to the fact that the Store Manager never told him to leave so he was never in danger of trespassing.

    I have just recently started reading all about OC on this site although I have Open Carried for years. I am still learning new things from you guys every day. After thinking about it, I agree with you about not mentioning putting up a sign, but I do think educating him to the fact that it was not illegal to OC in that scenario is in the best interest of all parties.

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    The only place signs are listed in any firearms law I can find is here in the CC scope of permit.


    ...where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.

    http://www.ncga.state.nc.us/EnactedL...14-415.11.html

    RB, I think the phrase "you can beat the charge, but you can't beat the ride" applies here. The manager could call the cops to have you escorted off property based solely on his telling the cops to do so. Now you have a cop and business problem. If the corporate policy does not prohibit carry, maybe you get out of the charges, but not the immediate hassle. I had a manger at walmart giving me some grief. I tried to talk to the guy, but it went nowhere. So I left and contacted corporate about it. They straightened him out, but nothing I could have said at the time would have convinced him he was wrong. My point is, sometimes it's better to leave a argumentative situation and take it up at a later time with a manager or corporate. Yes it's obnoxious, but it keeps the cops out of it and keeps it from escalating into an argument.

    If we are trying to convince folks that OC'rs are good, law abiding, normal folks then we have to act that way too. Even when we know they are wrong.

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    Smith45acp wrote:
    mekender wrote:
    Just because the store manager asks you to leave doesn't mean you have to..... his asking you to leave does not constitute trespassing if you don't........but only if you can justify yourself and 'help' him see his error by answering correctly to the disinformed.
    If a store owner or ANYONE else that is in charge of the property, that would include management, asks you to leave and you do not, you are trespassing by definition. There are no exceptions unless you are a LEO in the course of your duties and not involved in activity that would require a warrant.
    Exactly... It doesn't matter what their corporate policy is if any employee asks you to leave you better git
    In theory only people that are in control of the premises can ask you to leave. In many stores, a simple employee does not have the authority to ask you to leave. Though I wouldnt sit there and argue.

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    chiefjason wrote:
    My point is, sometimes it's better to leave a argumentative situation and take it up at a later time with a manager or corporate. Yes it's obnoxious, but it keeps the cops out of it and keeps it from escalating into an argument.

    If we are trying to convince folks that OC'rs are good, law abiding, normal folks then we have to act that way too. Even when we know they are wrong.
    Exactly, It hit a point where I could tell the manager had his mind made up that oc was illegal no matter what, and any more words out of my mouth would fall on deaf ears.

    I did get a little frustrated when he would not give me a phone number of their corporate office.

    But at no time in the conversation did he tell me to leave or threaten to call the cops on me. I think he was honestly more shocked than anything that I was carrying a gun in the open and how could that possible be legal.

    There was not a scene, no voices were raised. We were both speaking in a pleasant tone. It ended very peacfully. Now I just need to go back while CC and give him an OC flyer and kindly ask again for some more info from him.

    I honestly dont know how to get in touch with the franchise/corporate people for the store. I tried looking in up on the net but all I can find is the address and phone number for the individual store.

    Usually you see a sign in most stores like this store is owned an operated but such and such company and it gives a phone number for complaints. I will have to look a little harder next time I am in there.

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    billxdm wrote:
    chiefjason wrote:
    My point is, sometimes it's better to leave a argumentative situation and take it up at a later time with a manager or corporate. Yes it's obnoxious, but it keeps the cops out of it and keeps it from escalating into an argument.

    If we are trying to convince folks that OC'rs are good, law abiding, normal folks then we have to act that way too. Even when we know they are wrong.
    Exactly, It hit a point where I could tell the manager had his mind made up that oc was illegal no matter what, and any more words out of my mouth would fall on deaf ears.

    I did get a little frustrated when he would not give me a phone number of their corporate office.

    But at no time in the conversation did he tell me to leave or threaten to call the cops on me. I think he was honestly more shocked than anything that I was carrying a gun in the open and how could that possible be legal.

    There was not a scene, no voices were raised. We were both speaking in a pleasant tone. It ended very peacfully. Now I just need to go back while CC and give him an OC flyer and kindly ask again for some more info from him.

    I honestly dont know how to get in touch with the franchise/corporate people for the store. I tried looking in up on the net but all I can find is the address and phone number for the individual store.

    Usually you see a sign in most stores like this store is owned an operated but such and such company and it gives a phone number for complaints. I will have to look a little harder next time I am in there.
    Should be able to google it... Or look it up on the county tax appraisers web site.

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    mekender wrote:
    Should be able to google it... Or look it up on the county tax appraisers web site.
    That worked, I always forget about the tax office website, its crazy some of the info you can get from there. Anyways they are a franchise based in Durham. The have 6 stores total,
    Buy and Go
    5850 Fayetteville Rd Suite 204
    Durham, NC 27713
    Phone 919.544.7635

    I contacted them via their website, the following is what I wrote. Lets see if I get a response.


    I am writing to voice my concern over a situation that occurred at your Buy & Go#6 location in Wilmington. I entered the store on Saturday May, 15th. I then proceeded to bring several items to the counter to purchase. While at the sales counter I was approached by the manager on duty who noticed I was openly carrying a holstered handgun. He asked me if I was "undercover", to which I replied "no". He then asked if I was a police officer, to which I replied "no". He then asked if I had a license for my firearm, which I also replied "no" since a license is not required to openly carry a handgun in the state of North Carolina. A license to openly carry does not even exist. I then asked him if he would like me to leave the store. At that point I had not swiped my card through the machine so I was in the middle of my purchase. He said I did not have to leave he just said that I could not carry a handgun into the store anymore, which is a direct violation of my rights under both the US Constitution as well as the North Carolina State Constitution which places no restrictions on openly carrying a firearm in a peaceful manner. More words were exchanged as I tried to educate your manager on the fact that firearms were legal to openly carry in NC. At no time did either of us raise our voices or engage in an argument. I am not writing to complain that your manager was rude but instead that he violated my rights as a US citizen. There are no signs posted at your stores that restrict the carrying of concealed firearms, which would not have applied in this situation anyways since I was not carrying my firearm concealed. Until this matter is cleared up I will choose to do business elsewhere, which includes several hundred dollars a month in gas/diesel purchases. I will also inform the rest of my family, friends and members of the internet forums that I frequent of the "policy" your manager at the Wilmington store seems to have put in place without any corporate backing. I welcome your response concerning this matter. I can be reached at either *******@gmail.com or by phone at 910-***-****.
    Sincerely,
    William ****
    Wilmington, NC

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    Well I received a phone call today around 1pm from the owner of the Buy & Go gas station. I was a little shocked at first. He introduced himself and proceeded to apologize for the way I was treated. He said the person that approached me was only a cashier and just did not know any better. He said he educated the cashier and that I was free to carry away in their stores, whether OC or CC. He said he has owned that station for over 10 years and has seen plenty of people OC. He said he is usually there and if he was the whole situation never would have happened. I explained to him how there was not a big scene or anything like that and he said he knew since he already looked at the video of the incident. He kept apologizing and told me next time I am in there to ask for him and he would hook me up with something. I said that was not necessary and that I was just glad to hear from him period. I do plan on going in and meeting him and thanking him when I get the chance.

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