Open Carry Encounter at the Hayward Co-op
Do they even have Police up there to harass somebody? :lol:
I found out that they indeed have a police force in Hayward today.
My Sister relieved me from caring for my Mother today, to go to town and get some supplies. I had open carried in the Northern Lakes Co-op several times before, so I decided to do so today.
Ironically, I was talking with on my cell phone with a friend about the SB93 as I drove into town. I was using a bluetooth earpiece for the cell phone, which I have found very convenient and which allows hands free opperation.
I parked at the Co-op, opened the trunk, took my model 36 Smith and Wesson out of the case, loaded it, placed it in a Fobus paddle holster, and entered the store. As I began shopping, I noticed that the signal had fallen off, so I left the store to continue the conversation with my friend. It lasted several more minutes outside the store before we finished and I went back inside.
I had been shopping for five or ten minutes when three Hayward Police officers approached me. The senior officer asked politely if we could speak outside. I asked him if it was about the fact that I was open carrying, and he said that it was.
I agreed to accompany them outside. They did not ask that I disarm. Once outside he asked for ID. I said that I understood that he could ask, but that I did not have to comply. I mentioned the Madison five, and he said that he knew that I had a right to open carry, but that the manager had called them, which gave him the authority to ask for ID.
He asked which pocket my ID was in, and I told them. Then I took out my wallet and handed him my Arizona drivers license. He took the license to check it out and the other two officers stayed with me and chatted.
By this time, I suspected what might have happened. The blue tooth that I wear is not very noticable from a distance. I told the officers that I had the bluetooth on, and that I had been talking on the phone. I asked if this had anything to do with their coming to the store, because from a distance it might have looked like I was talking to my self.
One of the officers volunteered that yes, they had a report of a man acting strangely, and then entering the store with a gun on his hip.
I said that I could understand how people could be concerned. We discussed the officers armament, and I learned that they were given the discresion to select their personal weapons from a list of department approved choices. We made a little more small talk, then the superior officer reappeared and went into the store.
He came out a few minutes later, and said that the store manager had no trouble with me coming back, but that he asked that I leave the gun in my car.
The police left, and I unloaded and replaced the model 36 into the case in the trunk, then went back into the store, finished my shopping, and asked to talk to the manager. He was in a meeting and unavailable.
I had to return to take care of my Mother, so I could not wait around. There are no signs posted on the store. I hope to talk to the manager at a future date.
Reflecting on the incident, it is not hard to see how my actions could have been construed as suspicious. From an outside view, I entered the store, armed, then quickly left and appeared to be talking to myself. After some time, I reenter the store.
I really cannot fault the Hayward police department for their actions. They were polite and doing their job. They never disarmed me or threatened me. I think they had reasonable suspicion to ask for ID.
