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Jefferson Mall

speedy40165

New member
Joined
Sep 19, 2013
Messages
8
Location
shepherdsville
Just a quick question the wife and i was in the jmall last last we notice they took the no weapons signs down so we checked the web site and has nothing about carrying there any more so we went ahead insaid we was both OCing and we stoped by one of there guards and said we couldnt carry there and the called the cops well the showed up and demaned us to hand over our firearms and the would escort us out and return them my question is did i have to give it to them being i was not doing anything wrong ????
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Aside from murder (the english language with your post) ... I see nothing wrong. Its not posted.

But it sounds like information and facts are left our of your post.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
Just a quick question the wife and i was in the jmall last last we notice they took the no weapons signs down so we checked the web site and has nothing about carrying there any more so we went ahead insaid we was both OCing and we stoped by one of there guards and said we couldnt carry there and the called the cops well the showed up and demaned us to hand over our firearms and the would escort us out and return them my question is did i have to give it to them being i was not doing anything wrong ????

Hanging around waiting for the cops to show up was your first mistake. When the guard said you couldn't have a gun in the mall you should have attempted to get his name while you were leaving and complain to management later . When the actual cop demanded you hand over your firearm, I would have stated that I didn't consent to any search or seizure, and then I would have asked if I was being detained, because if not I would like to leave the property as I was requested to do.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Hanging around waiting for the cops to show up was your first mistake. When the guard said you couldn't have a gun in the mall you should have attempted to get his name while you were leaving and complain to management later . When the actual cop demanded you hand over your firearm, I would have stated that I didn't consent to any search or seizure, and then I would have asked if I was being detained, because if not I would like to leave the property as I was requested to do.

Well, if you were the cop and knew that the guy was asked to leave and did not and then the guy starts spouting off about his rights, what would you have done as the cop. Arrest for trespassing most likely.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
Well, if you were the cop and knew that the guy was asked to leave and did not and then the guy starts spouting off about his rights, what would you have done as the cop. Arrest for trespassing most likely.

If he (the OC'er) stated that he wishes to leave like he was requested to do, but the cop was preventing him from leaving because he was detaining him, then how could the cop make a trespassing arrest if he was the reason the guy couldn't leave?

But... if I were the cop and had asked him to hand me his gun and he said he didn't consent to any seizures, then he asked me if he was free to go, I would tell him that he has been ordered to leave the property and then I would ask him if that's what he wishes to do. If he answered yes, then I would escort him off of the property. That is if I were the cop. No doubt some other LEO's would have handled this in a completely different manner.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
And to add, I will never unholster my own firearm by LEO request/demand. If I am ever ordered/requested/demanded/polity asked to remove my own gun from it's holster, I would say "I don't consent to any searches or seizures. However, even though I don't consent to any searches or seizures, if you decide to remove my firearm yourself I will not physically resist you." I'm not getting shot 3 or 4 times at point blank range by LEO because they claimed that I made an "erratic move" when I was unholstering my gun per their request.
 
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