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Thread: Just got kicked out of Walmart

  1. #1
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    Thumbs up Just got kicked out of Walmart

    Officer Martin and Officer Woods tried to arrest me for no reason at the Gastonia Walmart about an hour ago. Woods approached me and asked if I minded putting my weapon in my car claiming multiple people have complained. I told him that was ridiculous "I've been here two minutes. Who could have possibly complained?" He refused to answer and asked again that leave my weapon in my car. When I told him I'd rather not and informed him someone from Walmart would have to ask me to leave, he began to threaten me with GATTTOTP. He asked me if I was familiar with that and I let him know I was. I also let Woods know that I was not doing this, I am familiar with Walmarts policy and I was doing nothing wrong. I explained "Peacably shopping with a holstered firearm is completley legal."

    Woods seemingly impressed with my knowledge of our laws asked if I was a "lawyer or something." I said no, I read, a lot. After sending one officer to check the front door for a sign and one to call the magistrate he removed my weapon from my person and searched me for others. He never asked to search me, he simply said "Where's your button? I'm taking your gun."

    After a woman officer claimed "Rush was too busy" (magistrate?) Woods began to get very upset. I told him this was a waste of my time and I would leave. He said he gave me a chance to leave before then proceeded to disarm me.

    He took the cartridge from the chamber right there in the electronics department and told me to walk outside with them. Whilst walking Woods told me the manager said "he'd rather not have it in the store." We stood in front of the door and Martin and Woods both began to lecture me about weapon retention and I could get shot in the back with my own gun. After a moment I asked what we were waiting for andif I could go. Woods said "No you can't leave. I gave you a chance to and you refused didn't you?" Then he said he was waiting on a call from the judge. I asked "to see if I'm doing something illegal?" He said "No to see if I can charge you" Confused I asked his partner why he would want to charge me if I'm not doing anything illegal. He replied I don't know what happened when I walked away."

    Officer Woods seemed very anxious to arrest me. He came back from a police car and said he checked the blue book and spoke to the magistrate. Both of them said he could arrest me for GATTTOTP. I said "Really? That goes against everything I've ever read" Woods explained he "'knew the law before I even saw you. I been in law enforcement 19years. You can't wear your gun like that in here" pointing at the Walmart. "Now, I can arrest you. The judge said so." He then pulled out his cellphone and showed me his call history. I could not see what it said but told him I believed he called. He then claimed he wasn't trying to be a "*****" or he would arrest me but I was being given a chance because he is really a nice guy he said.

    They then walked me to my car, Woods handed me my firearm and I holstered it. Then Martin handed me my 10 pdx1's and my magazine and knife all seperate. I said thank you and offered to explain how baffling this was. I told Woods "What if someone came up to you and said 'Why did you stop at that red light? You are supposed to go!' How would you feel if they were serious and began threatning you with punishment?" The officers nodded yes and walked away.

    I forgot to mention in the store when I explained that someone from Walmart had to ask me to leave Wood's claimed "It doesn't mattter. We are the police here. We trump all wherever we are at."

    I'm way too tired to deal with this. Someone tell me what to do? I have had a very bad day even before Walmart. But I'm tired of typing on this little phone. I will tell the rest later, its a Thanksgiving for the books. Any and all help is welcome. I really think the officer lied about having permission to arrest me because I can tell he reeeealy wanted to. He probably lied about what the manager said too because he told me what the manager said without ever talking to them or the officer that had the manager called.

  2. #2
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    I forgot to say he ran my numbers when we stepped outside. When he was satisfied I wasn't a criminal and my weapon wasn't stolen That's when I asked what we were waiting for...
    Sorry if there are a lot of typos. I'm typing blind now. My gf's phone is acting up...
    Please help! I hate that I forgot to record anything. I will never forget now.

  3. #3
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    Voice Recorder?

    Sure would help in a possible civil rights 1983 suit!

  4. #4
    Campaign Veteran ComradeV's Avatar
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    Thumbs down Violated

    Bad faith harassment under colour of law!

  5. #5
    Regular Member r1dramma's Avatar
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    Wow a few weeks ago I was sitting at a 5 guys in steele creek, and I was disarmed and escorted outside! I wasn't told that I would be arrested but I was told that I was being investigated for being a suspicious person with a gun! File a complaint against the Leo's! Looks like this is becoming the norm around here!!

  6. #6
    mattwestm
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    Also, you don't ever have to give a LEO your ID if you aren't operating a vehicle, just your name and address. Giving the officer your ID might make them more willing to let you go. Also, VERY BAD judgement on the officers behalf. Handling and unloading a weapon in public. He should have waited until you both got outside. That definitely qualifies as GATTTOTP. I would definitely file a complaint with the department.

    This has been a disturbing trend that has been going on in NC recently. Cops thinking they know the law. I'm assuming some cops don't like OC because it makes them feel underpowered. NC DOES NOT DESERVE TO BE A GOLD STAR STATE! With something so vague like GATTTOTP, officers can pretty much enforce it however they want.

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    I don't know how that thumbs up sign got there. Just moved to a new house and only have a faint cell phone signal and a problomatic phone.

    Do I walk in to the station or is this something I can call or write in? Also, I was thinking of taking the BLET's this next class but bought a house instead. I may still go in August. Should filing a complaint be something to think about if I want to pursue a career in Law Enforcement? I know it shouldn't but what is the reality like?

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    I'd file a complaint. They are the police....They have NO right to tell you to leave if the manager did not do so.

    I'd also call and file a complaint with Walmart.

    most people will say "no one listens to your complaints" well...someone does cause i always get a phone call back so someone is listing, I think the LEOs in your situation went to far, and you need to do something about it.

  9. #9
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    Day started out..Moved on thanksgiving to my new house. Started loading up the truck and packing last minute stuff. Took a lot longer than we remembered. We couldn't get everything in the truck so we got what we could and would come back with the van later. 5 mins after leaving my old house the truck overheats. I pull over and the battery starts to die. I turned the truck and lights off. Waited a minute. Tried to crank.... nothing. I popped the hood and saw a serpentine belt broken laying on top of the pulley.

    Now I'm stranded on a cold thanksgiving night (no auto parts store open) with a full load. Sent the missus and the kids to the new house to eat and relax in the heat. Called the 800 number on the door and got a mechanic to come out....2 hours later. then it took him an hour to fix it.

    I arrive in our new neighborhood and have to unload a truck into the garage as quietly as I can. I didn't want to leave a bad first impression on my sleeping neighbors. Take the truck back to U-haul and decide to see what kind of TV deals Walmart has. You know what happened after that.

    Went back home, typed up my story and knocked out for an hour or two. Had to get up and go to U-haul before when they opened so I could prevent them from charging for anything. I was not about to pay for that truck. Luckily he saw it my way immediatley. It must have been my tone. I paid for mileage and thats it. Didn't put gas in it either. =-P

    So I went to Best Buy instead, walked past some more Gastonia City Police but I made my GF walk on my gun side so they wouldn't see. After all I was in the same mall in the same clothes. On the way home I stopped in the "New Walmart" as the locals seem to call it since it's closer to my new home. Did the same open carry sneak past more City Police and bought some anodized aluminum pots and pans for the glass top stove that came with the house. My gf is convinced are old pots and pans will explode on a glass top.

    So my day was Great then ok then terribly infuriating then mushroom cloud laying then better now ok again.

    Now I really feel like I want to complain. Anyone with any more input? Also do I just walk in and what is the process? I don't want them to lie to me and my complaint not go through. ie, here write your complaint on this post-it and slide through the slot....

  10. #10
    Regular Member jerz_subbie's Avatar
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    File a complaint!

    Definitely file a complaint with the PD!!!
    I would also personally speak to the Walmart store manager to ask about his involvement(Is he aware of the situation? did he call the police? did he speak to them while they were there? did he tell them he wanted you out of the store? If so why didn't he simply ask you? Is he aware of Walmart's pro-gun policy? Is he aware of NC laws regarding OC? etc.) while handing him a NC flyer as "food for thought." Depending on your experience with the store manager, I'd make a complaint to Walmart corporate office.

  11. #11
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    Why don't you guys in NC just say 3 words: State v. Kerner.

    The North Carolina S. Ct. has already said open carry is constituti0onally protected in North Carolina - neither state nor locality can ban it or require a license to do it.

  12. #12
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    Quote Originally Posted by Mike View Post
    Why don't you guys in NC just say 3 words: State v. Kerner.

    The North Carolina S. Ct. has already said open carry is constituti0onally protected in North Carolina - neither state nor locality can ban it or require a license to do it.
    In it's entirety.

    http://www.guncite.com/court/state/107se222.html

    But more importantly to this case is State v Huntley.

    1. The offence of riding or going armed with unusual or dangerous weapons, to the terror of the people, is an offence at common law, and is indictable in this State.
    2. A man may carry a gun for any lawful purpose of business or amusement, but he cannot go about with that or any other dangerous weapon, to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.
    3. The declarations of the defendant are admissible in evidence, on the part of the prosecution, as accompanying, explaining, and characterizing the acts charged.

    snip....

    But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime.

    http://www.guncite.com/court/state/25nc418.html

    1-800-walmart, call and complain. Management has a set amount of time to call you back and log it with corporate. If talking to the manager gets you nowhere, try the Asset Protection Mgr. They should know about the weapons policy. Which is basically to follow state law.

    I would call the PD and check into filing a complaint as well.

  13. #13
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    Quote Originally Posted by jerz_subbie View Post
    Definitely file a complaint with the PD!!!
    I would also personally speak to the Walmart store manager to ask about his involvement(Is he aware of the situation? did he call the police? did he speak to them while they were there? did he tell them he wanted you out of the store? If so why didn't he simply ask you? Is he aware of Walmart's pro-gun policy? Is he aware of NC laws regarding OC? etc.) while handing him a NC flyer as "food for thought." Depending on your experience with the store manager, I'd make a complaint to Walmart corporate office.
    do this for starters
    "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.

  14. #14
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    Bull ****

    Cops are NOT in the business to let law breakers "get away with it" because they are being nice or not being a *****... Get that lottery ticket... Arrest me.... let the jury decide who broke law...
    Talk to a Lawyer and file a FOI and complaint...

  15. #15
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by Sam View Post
    Both of them said he could arrest me for GATTTOTP. I said "Really? That goes against everything I've ever read" Woods explained he "'knew the law before I even saw you. I been in law enforcement 19years. You can't wear your gun like that in here" pointing at the Walmart.

    He could also have arrested you for plowing your cotton fields using an elephant, and public nudity--BOTH of which are actually arrestable offenses in NC, and BOTH of which you were EQUALLY as guilty of as GAttTotP...

    Just because an LEO arrests someone doesn't mean the arrestee actually did anything wrong, and it DEFINITELY doesn't mean that the officer's interpretation of the law is correct, valid, or even lawful.

    I hope you had your voice recorder rolling...

    I LOVE how LEOs act like they are experts in the law, but when push comes to shove, they let the courts sort it out, and usually lose.

    In NC is is a crime to dispense legal advice without a license. Every time an LEO proceeds to give us their legal opinion on how we should conduct ourselves, we should record it, and then send copies to the NC Bar Association, the NC AG, and the SBI, so they can start prosecuting these jokers for practicing law without a license.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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  16. #16
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    OK I have a question if these cops are on the clock why do they sit in front of these stores acting like store security. does wal mart, best buy do they pay theses guys? If so I say they have no more power then a security cop right or am I missing something. Why don't they go do there jobs on city property.

  17. #17
    Regular Member elixin77's Avatar
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    some businesses do, actually. they contract with the local PD, and the officer basically stands around for a couple hours to provide a 'presence.' There is a gas station that used to (don't know if they do anymore) do that thurs, fri, and sat nights because of the clubbing downtown, and because they serve food (its a sheetz)
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

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  18. #18
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    so i could contract the cops to sit at my house to keep the kids from running trew my yard. what crap if you have money then you can by your protection lol

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    Quote Originally Posted by bwhunter65 View Post
    so i could contract the cops to sit at my house to keep the kids from running trew my yard. what crap if you have money then you can by your protection lol
    One thing about America, you get the best levels of medical care, justice, and protection in the world (that you can afford).

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  20. #20
    Founder's Club Member ixtow's Avatar
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    So.... Is this happening? Are we just bitching about it, or putting these badged terrorists to justice?

  21. #21
    Regular Member sultan62's Avatar
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    Quote Originally Posted by ixtow View Post
    So.... Is this happening? Are we just bitching about it, or putting these badged terrorists to justice?
    +1. Sam, let us know how it's going and if you need help.
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  22. #22
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    I will be calling in the morning. I well tell them I have a complaint and witnessed a Police Officer doing illegal things and we will see how it goes from there. I hope I haven't waited too long. With moving into the new house and employees taking their vacation time before they lose it I have HAD to put this on the back burner. I didn't want to but working 7, 13-hour nights then driving kids to school and home didn't leave a lot of time. Any advice of what to say?

    The police officer illegally searched and seized me.
    He took my weapon off of my person and proceeded to unload it in the vicinity of hundreds of people.
    Showed an ignorance of the law and then after researching he continued to lie about it.
    The officer made it seem as if he thought letting criminals go with out punishment is OK because he is a "nice guy."

    Anything missing, any preferred wording I should use? I'm going to look up statutes and cases later to support my complaint. If anyone has these readily available I'd appreciate it.

    I am so drained...

  23. #23
    Regular Member Coniferous's Avatar
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    Subscribed - let us know what happens. Your situation (as much as of hassle as it is) is a learning experience for me. I guess I have just been lucky so far.

  24. #24
    Regular Member sultan62's Avatar
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    Start with "I want to file a complaint against one of your officers."

    Make it a paper trail, don't just talk to someone verbally and hope they take care of it. In addition to establishing that paper trail, you will be able to say exactly what you want with the opportunity for revision.

    In addition to the points you have made, I'd make the following:

    Even if the manager complained to the officer, police have neither the duty nor the authority to enforce rules of private individuals/organizations. The officer should not have bothered you unless you were breaking a law. Of course, I would bring this up after addressing the GATTTOTP bs.

    Also, please include the quote about police being the supreme authority/trumping all others where they are at.

    I haven't ever had to file a complaint, or had a negative interaction with an officer, so I can't tell you anything from experience. I am willing to help though, feel free to pm me.
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  25. #25
    Founder's Club Member ixtow's Avatar
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    Sam seems to know what, Sultan has the how.

    Don't just talk to someone, put it all in writing on a formal complaint. Put it in a Letter and send it to them by Registered Mail. FOIA anything you possibly can. There are some guys in the VA forums that have this down to a science. Some of them are actual Lawyers, to boot. Might post a 'help me' topic there.

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