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

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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.

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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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Exactly... It doesn't matter what their corporate policy is if any employee asks you to leave you better git

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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.

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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.

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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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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.

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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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good to hear it worked out

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billxdm wrote

I am writing to voice my concern over a situation that occurred at your Buy & Go#6 location in Wilmington. ~snip~

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Awesome letter! Glad this worked out for you!! You handled this well IMHO! :celebrate

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Glad to hear it worked out and you got the positive reply that you did.

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If a store posts "NO WEAPONS, CONCEALED OR OTHERWISE" then, CARRYOPEN is wrong in his post I believe (if I read his post right). The stores can restrict open carry, not just concealed carry

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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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I don't think so. The tresspass statute makes it clear that any "lawful occupant" of a premises may ask you to leave. Even tho it is usually the management. I bounce at a club on the weekends and I ask drunks to leave all the time. If they fail to comply they get could get charged with tresspass, but I normally just call the cops who convince them to comply.

NCGS 14-159.13
...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...

Whether it's the owner, the security, the doorman, bartender, waitress, or any other employee, it's just not nice to hang around after it's clear you're not welcome. Just the way I see it.

When the cops are called, it's just a no-win situation if an emplyee wants you to go and you don't want to.They don't have to give a reason whyyou're not welcome, and the cops will convince you to leave or take you tojail.

Famous last words: "DON"T TAZE ME, BRO!"