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Thread: Negative Encounter with Graymoor-Devondale PD

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    Negative Encounter with Graymoor-Devondale PD

    Tuesday at 1:00am I stopped by to fill up my car and check the oil. I spend somewhere between $50-$100 a week at this store. I was a quart low so I went inside to buy some oil. Gas was already paid for, $42 @ the pump. There was a GDPD car in the parking lot. I always OC here so I thought there wouldn't be a problem. I go to the bathroom, come out, get the oil, head toward the counter. The officer asked who I worked for. I told him that I don't work for anyone. He asked if I had a concealed carry permit, I told him that a CC permit didn't apply in this situation. He said, "It applies if you don't want me to have to do my job. You can't just walk around like that in public."

    At this point the clerk refused to check me out, saying, "You're talking to the officer and I'm not doing anything until he tells me to." Great... He instructed the clerk to finish up. As I was walking out to the car, the officer asked me if I drove up there or walked. I told him that I drove. He asked for my license, I gave it to him (he would have gotten it anyway, made up some reason to pull me over, etc.)

    He lectured me on how I couldn't carry a firearm like that without being a police officer, about how if the clerk hits the holdup alarm that I'll be arrested and taken to jail, and how an officer is going to shoot me.

    Fast forward to 1:00am this morning. Same Thornton's. I walked inside after filling up to see what was going on with my friend who rode up there with me. As soon as I stepped inside, he told me that I had to leave right then, that the store was a public place and that I couldn't carry a firearm there. That's right, public. I asked when the manager would be in, then left.

    I called GDPD this morning. The answer I got from them was a little disheartening. I was told that if my legal action of OC causes someone apprehension, that GDPD will arrest me and charge me with Disorderly Conduct. I pointed out that the DC statues deal with intent, but it fell on deaf ears. He said take it up with the court.

    Trying to get ahold of Thornton's Corp. Office now to see if store managers have the authority to set policies like this, and see if I will be allowed to go back in to the store again. I would love to be able to spend my money at a local company if they'll have me. If not, there's always the Speedway that's closer to my house.
    Last edited by v8shoguy; 06-03-2011 at 12:59 PM. Reason: Taking the company name out of the title. They're on our side and I'd rather not have the title look like it's blasting them.

  2. #2
    Regular Member Fallschirmjäger's Avatar
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    I was told that if my legal action of OC causes someone apprehension, that GDPD will arrest me and charge me with Disorderly Conduct.
    Really?
    What if you're reading War and Peace causes someone apprehension, does that mean GDPD will arrest and charge DC for that?
    Or what if you're drinking bottled water, is that a DC charge as well if it causes apprehension?
    Are they going to charge you with Disorderly Conduct for eating a ham on rye sandwich on a Sunday to the detriment of Public Order if someone is 'upset' that you're eating ham?

    Throw down the BS flag on that whole line of thought, V8SHOguy, you can easily disprove it.
    Last edited by Fallschirmjäger; 06-02-2011 at 11:47 AM.

  3. #3
    Regular Member Fallschirmjäger's Avatar
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    525.055 Disorderly conduct in the first degree.
    (1) A person is guilty of disorderly conduct in the first degree when he or she:
    (a) In a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof:
    1. Engages in fighting or in violent, tumultuous, or threatening behavior;
    2. Makes unreasonable noise; or
    3. Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose; and
    (b) Acts in a way described in paragraph (a) of this subsection within three hundred (300) feet of a:
    1. Cemetery during a funeral or burial;
    2. Funeral home during the viewing of a deceased person;
    3. Funeral procession;
    4. Funeral or memorial service; or
    5. Building in which a funeral or memorial service is being conducted; and
    (c) Acts in a way described in paragraph (a) of this subsection at any point in time between one (1) hour prior to the commencement of an event specified in paragraph (b) of this subsection and one (1) hour following its conclusion; and
    (d) Knows that he or she is within three hundred (300) feet of an occasion described in paragraph (b) of this subsection.
    (2) Disorderly conduct in the first degree is a Class A misdemeanor.

    525.060 Disorderly conduct in the second degree.
    525.060 Disorderly conduct in the second degree.
    (1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:
    (a) Engages in fighting or in violent, tumultuous, or threatening behavior;
    (b) Makes unreasonable noise;
    (c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or
    (d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose/
    (2) Disorderly conduct in the second degree is a Class B misdemeanor.

    You are either being deliberately lied to, or or someone is dreadfully misinformed. Here is your ammunition to refute.
    Last edited by Fallschirmjäger; 06-02-2011 at 11:48 AM.

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    Openly Carrying a Loaded Firearm of Your Choice is Legal in The CommonWealth of Kentucky so as long as The Person who Possess The Same Firearm is NOT a Prohibited Person or in a Prohibited Place or Openly Carrying a Prohibited Weapon.

    In Kentucky..., with The Exceptions of Courts, Jails, and Schools..., Open Carry is Legal on ALL OTHER Public Property.

    Private Property can Ask You to Leave, but it is Criminal Tresspassing if Asked to Leave and You Refuse to do so when Asked by The Rightful Owner, Operator, or Manager of such Private Property.

    Kentucky Revised Statute 65.870 Preempts Firearms Regulation Solely to The CommonWealth of Kentucky, with ONLY ONE Exception, that, Local Governments MAY Regualte Concealed CArry on Their Own Proerty Owned by, Leased to, or otherwise Controled by Them, under Kenmtucky Revised Statute 237.115.
    Last edited by aadvark; 06-02-2011 at 11:59 AM.

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    MY brother works at the one over by brownsboro and the highway as far as he know and his boss there is nothing stoping you from going in. if anything use that one

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    Thumbs up Thornton's OK!

    I spoke to the manager earlier today. We discussed the Tuesday interaction with the officer and the Thursday interaction with the clerk. He asked me if I would be ok with disarming before I came into the store. I explained that the flaw with that process is that now there's a firearm in the parking lot that could potentially be stolen and used against myself or the clerk. Criminals are criminals after all, and I'd rather not provide the tools. He was very pleased with how reasonable I was being about the whole situation. I assured him that I: was not there (or calling him) to cause trouble, respect the right of an establishment to refuse service to an individual for any reason, and would be more than willing to leave at the request of a clerk. We agreed on some points but he referred me to corporate for official word.

    Just got off the phone with Thornton's Corporate a few minutes ago. According to them, OC (and CC) is allowed in Thornton's stations, subject to the laws of the area that the store resides. They contacted the store manager and informed him of the policy.

    I was informed that this was not the first time this had been discussed, and that their legal department was considering the ramifications of posting some of the stores that had issues. I told them that I would be happy to spend my money with them so long as I am welcome to come into the store, but won't go into a place that law-abiding and responsible citizen can't carry a firearm and a criminal who by nature will ignore the sign will be carrying. Hopefully my voice will be heard!

    If only the officers at GDPD were this reasonable. Seems to me that this is where the problem is.

    Quote Originally Posted by rentamedic View Post
    MY brother works at the one over by brownsboro and the highway as far as he know and his boss there is nothing stoping you from going in. if anything use that one
    Thanks for the heads up. I know that there's two locations close to there, one by Herr Ln and 22, the other at 42 and 22. Which one is it? I've OC'd in both of those stores before.

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