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Thread: RESOLVED: Prattville, AL Bass Pro Shop now allows open carry!

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    RESOLVED: Prattville, AL Bass Pro Shop now allows open carry!

    Prattville, AL. One of the members of AlabamaOpenCarry.com was kicked out of the Prattville Bass Pro Shop for lawful open carry. After contacting the manager, he was told that corporate policy did not allow OC and that Alabama state law did not allow OC. That last part is, of course totally false.

    I contacted them through the chat they have available at their "Contact us" link. Not very productive. "Stephanie" could not even assure me that I would receive a reply or even that my complaint would be forwarded to anyone. On top of kicking out one of us, their customer service is lousy.

    Anyway, I suggest that, if you are usually a customer of theirs that you contact them by mail, phone, email, or chat to complain. I also suggest that you, like I, stop shopping there unless and until they adopt the standard policy of "following State law."

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    good report - I am working it. Bass Pro policy was worked out with OpenCarry.org over a year ago - open carry is ok, handling is not; guns being returned or brought for repair must be unloaded and promptly check ed in - nothing too hard about this except getting the word out to all the employees and managers.

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    Regular Member Yarddawg's Avatar
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    Strange that they claimed "Corporate Policy" did not allow open carry. A visit to my local Bass Pro Shops (Hampton, VA.) will reveal several people open carrying at any given time. At least that seems to be the case every time that I visit the store. Could it be that our local BPS management is not aware of this "Corporate Policy"?

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    This is still being worked - manager confirmed to me that corp policy is to allow legal carry, including open carry, and manager is now seeing a legal opinion from teh local sheriff as whether open carry is lawful in Bass Pro in that counrty - hang on, this might get interesting

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    Quote Originally Posted by Mike View Post
    This is still being worked - manager confirmed to me that corp policy is to allow legal carry, including open carry, and manager is now seeing a legal opinion from teh local sheriff as whether open carry is lawful in Bass Pro in that counrty - hang on, this might get interesting
    What is really interesting about this situation is that a person who is not in the process of advocating OC is asking the sheriff for the opinion. The sheriff will feel an increased need not to blow the manager off and to answer his question accurately. Let's see what happens.

    There are a couple of hundred people poised to pounce (figuratively) on the sheriff if he gets it wrong.

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    Regular Member Mas49.56's Avatar
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    The deputy teaching the Bass pro shops "it's the law" seminar last year at the one outside Mobile AL, said he would arrest anyone carrying openly in there for trespassing. He said flat out said he could write up a encounter creatively to give him RAS. And he said you would be arrested with no warning from the business if they had a no firearm sign up. See the it's the law thread in the AL sub forum. The flat-out hostility toward OC and ignorance was incredible from this academy training officer.

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    Quote Originally Posted by Mas49.56 View Post
    The deputy teaching the Bass pro shops "it's the law" seminar last year at the one outside Mobile AL, said he would arrest anyone carrying openly in there for trespassing. He said flat out said he could write up a encounter creatively to give him RAS. And he said you would be arrested with no warning from the business if they had a no firearm sign up. See the it's the law thread in the AL sub forum. The flat-out hostility toward OC and ignorance was incredible from this academy training officer.
    If there is a "No firearms" sign, the officer will likely be able to arrest the carrier without the officer suffering any disciplinary action and without any recourse on the part of the carrier other than the charges being dropped or an acquittal. AL law is silent on signs on buildings (although it mentions "No trespassing" signs on open land). However, it is not unreasonable to interpret a sign posted at the entrance as denying permission (denied by the owner or his agent) to enter to anyone carrying a firearm. At that point in time, the officer is arresting a person for violating the law on trespass. He is not "trespassing" the person. The sign did that.

    The act of "trespassing," which must, according to the AL code, be done by the owner or his agent, is simply an official notification that a person is not welcome on the premises. It is usually done in the presence of an officer so that an official record can be made. The purpose of this official record is to provide proof that future entries onto the premises by the "trespassed" individual are without the permission of the owner or his agent, thus creating the probable cause for an arrest.

    It can be reasonably argued that the sign provided such proof, obviating the need to "trespass" the individual to create the probable cause. Since the probable cause exists, the officer can arrest. It would then be up to the legal system to determine whether or not the sign constituted a revocation of a carrier's privilege to enter the private property. I suspect that the sign alone would not be sufficient.

    However, if I am correct, that will not stop a lawful arrest of the carrier.

    Bottom line: If there is a "No firearms" sign, don't carry a firearm through that door.
    Last edited by eye95; 02-17-2011 at 08:31 AM.

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    and if you see a large gorilla, chomping on a cigar, in the store, leave him the hell alone!

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by eye95 View Post
    .

    Bottom line: If there is a "No firearms" sign, don't carry a firearm through that door.
    In my state I ignore them if they are on public buildings or pre-empted areas. Had a few places remove the signs after too.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Quote Originally Posted by sudden valley gunner View Post
    In my state I ignore them if they are on public buildings or pre-empted areas. Had a few places remove the signs after too.
    I hear you concerning public and preempted areas. In our state, when it's a private building, or a "semi-public" place such as Wal-Mart, it's still considered private property, and as such, if it's posted "No Firearms" it means that it meets CRS requirements prohibiting no firearms. Some here disagree, and as much as I'd prefer they're right, the regs just don't read that way, and if they're not reading that way, I'm not risking it. I'd rather steer clear of some place than run the risk of looking my CHP on a technicality or misunderstanding, particularly when two or more folks here who would both like it to read in our favor can't agree on what the reg is ultimately saying.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    In Alabama, nothing in the code makes it a crime to ignore a "no guns" sign.

    I still stand by my "bottom line." If there is a "No firearms" sign, don't carry a firearm through that door. It is a matter of respect for the rights of others. How can we expect our rights to be respected when we refuse to respect the rights of others.

    For the third time today: To best defend our rights we should primarily focus on defending the rights of others, not vice versa.

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    Quote Originally Posted by eye95 View Post
    In Alabama, nothing in the code makes it a crime to ignore a "no guns" sign.

    I still stand by my "bottom line." If there is a "No firearms" sign, don't carry a firearm through that door. It is a matter of respect for the rights of others. How can we expect our rights to be respected when we refuse to respect the rights of others.

    For the third time today: To best defend our rights we should primarily focus on defending the rights of others, not vice versa.
    I agree. Although you may have a right to do something it may not be the right thing to do.

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    Quote Originally Posted by McX View Post
    and if you see a large gorilla, chomping on a cigar, in the store, leave him the hell alone!
    Look again, that's a carrot. I thought my eyes were bad.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Quote Originally Posted by eye95 View Post
    In Alabama, nothing in the code makes it a crime to ignore a "no guns" sign.
    Swell. Scratch your nuts and enjoy your freedom. Things in most of the other states of our union range between a bit and a lot more complicated

    If rationality doesn't relieve that, I think some sort of medication has been available for five decades which fix this.
    Last edited by since9; 03-06-2011 at 12:26 AM.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    well,,,

    Quote Originally Posted by since9 View Post
    Swell. Scratch your nuts and enjoy your freedom. Things in most of the other states of our union range between a bit and a lot more complicated

    If rationality doesn't relieve that, I think some sort of medication has been available for five decades which fix this.
    my state also places no legal weight in "no guns" signs,
    im sure this is true in many other states,
    so im going to scratch my nuts, and enjoy my freedom too!

    and speaking of medication, ive been reading some of your other posts.
    ive asked you before, and ill suggest again, maybe you should check yours.

    then again, maybe its not meds, you seem to go on a rant a couple days, once a month!
    if youre also having cramps, it could just be your menstrual cycle!
    Last edited by 1245A Defender; 03-18-2011 at 07:16 PM.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

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    it is their right and duty to be at all times ARMED!

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    I also have been in contact with Bass-Pro their reply is below. As you know CA is an unloaded open carry state. But I would believe the same would go for Corp policy.

    reply from Dan H. Dugger manager Bass Pro Shops Manteca:

    If you are bringing in a handgun in a holster, unloaded and you are openly carrying on your side you are welcome to have that firearm in the store without a trigger lock. If you have a Concealed and Carry permit it can be loaded and concealed in the store. If we see a concealed weapon we will ask if person has a concealed permit. Any other firearms will need to be trigger locked at the door including handguns. I am sorry for the confusion on this issue. If you openly carried into our store we should have let you do so. Thank you for bringing this to our attention and I hope you have a great day.

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    Unfortunately, at the BPS in Prattville, AL, the manager is relying on having been told that OC is illegal in AL to justify his position. The manager has been asked repeatedly to get clarification in writing, but has not responded. We don't know if he has gotten written confirmation or not.

    OCing in that store could result in a call to the sheriff's office, and that sheriff has proved to be hostile to OC.

    We are still working this issue.

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    maybe it's time for an open carry picket of the store with press coverage - if the manager sees people open carrying in opublic, maybe he will get a clue it's legal.

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    Quote Originally Posted by Mike View Post
    maybe it's time for an open carry picket of the store with press coverage - if the manager sees people open carrying in opublic, maybe he will get a clue it's legal.
    In Alabama, that would get us arrested. We have a law against being armed while participating in a demonstration. IMO, that is unconstitutional. We are working on repeal of that one. That, to me, is wiser than becoming a test case.

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    Regular Member MSC 45ACP's Avatar
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    It is illegal in many states to "be at a demonstration while carrying a firearm". I know NC has a law like that and I'm pretty sure VA does, too. I don't have a copy of it right offhand, but I remember reading it somewhere...
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

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    One of our posters on ALOC just received a letter today from BPS. Here is a quote of his post:

    Quote Originally Posted by Anthony
    Got this today.

    Mr. Xxxxx,

    Thanks you emailing me about your concerns. Rest assured that Bass Pro Shops supports your Second Amendment rights. We have always allowed individuals to carry concealed weapons on our premises. Recently, our policy on brining firearms into the building was called into question. After careful research, we found that we had been misinformed on the legality of open carry in Alabama.

    When the store opened in 2007, whomever the store consulted on firearms laws for Alabama misinformed the store that open carry was not legal, and that one had to have a permit to carry on land not his own. After it came to our attention that this may not be true, a letter was dispatched to the chief law enforcement officer of Elmore County. After more than a month, a response was received confirming that open carry is permissible in the state of Alabama.

    The store’s procedure is now as follows:


    Holstered handguns, open carry weapons or concealed, may be carried by customers into our store. However, if the weapon is going to be drawn from the holster, the weapon will need to be cleared and locked, by a trained associate, in the clearing box at the greeter’s station in our front entrance. Handguns, which are hand-carried into the store (not holstered), will need to be cleared and locked. There is no change to our procedures with long guns, as all long guns will be cleared and locked.


    I do hope that our alteration of store procedures adequately addresses your concerns. If you have further questions please feel free to give me a call here at the store. Thanks.

    Xxxx X. Xxxxxx

    General Manager

    Prattville, Alabama
    It seems the holdup was the sheriff. However, in the end, he was forced to admit that OC is legal in AL. That musta hurt his pride.

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    that sucks, their normally my go to store for hunting stuff when cabelas is to high, or I am on a budget. Further more our place in key largo is 50 miles from two stores

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    I say ohh boy who was thrown out needs a gift card, or a I am sorry for being a dumb a** from the manager

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    Great post, excellent resolution, superb followup. Kudos to Alabama OC and Mr. eye.

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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by Mas49.56 View Post
    The deputy teaching the Bass pro shops "it's the law" seminar last year at the one outside Mobile AL, said he would arrest anyone carrying openly in there for trespassing. He said flat out said he could write up a encounter creatively to give him RAS. And he said you would be arrested with no warning from the business if they had a no firearm sign up. See the it's the law thread in the AL sub forum. The flat-out hostility toward OC and ignorance was incredible from this academy training officer.

    I wonder how that Deputy would feel if someone were to "creatively" word a complaint to his superiors, or "creatively" word a legal suit?
    That he would be "creative" tells me just about all I need to know with regards to his honesty and integrity.... or lack thereof.
    Last edited by Fallschirmjäger; 03-22-2011 at 10:38 AM.

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