armyman_83
New member
Hello All,
I posted this story on the Alabama Open Carry website and wanted to post it here, to spread the attention I think it needs, to remind us to remain vigilant. This is part of the initial post I put on the a forum months ago, and I feel I need to share this here at the national level.:
A while back I had my first encounter with LEO’s while Open Carrying. I thought I would open carry while my girlfriend and I went around and did errands. We get to Wal-Mart in Auburn and as we get out of the car a large black truck honks its horn at us. At first we ignore it, then he continues. We stop and turn around, a man opens his door and tells me I need to conceal my weapon. I told the man politely that I didn’t need too, that Open carry is legal.
He retorted that it wasn’t, then “asked” me to conceal my weapon before I went inside the store. I told him I didn’t have to and he informed me he was a Lee county Sheriff Deputy—He was not in uniform and he did not present a badge or I.D. He got out of his vehicle and got in my face. I told him Article 1 sec. 26 (of the State Constitution) allowed me to carry. He asked if I was a lawyer and I said I didn’t have to tell him. I just figured I would walk away, I didn’t want problems. He said he would call “the boys.” And returned to his truck.
My girlfriend and I proceeded to go inside Wal-Mart. We shopped as normal, and then I saw uniformed Auburn Police officers wandering the store. They hadn’t spotted me, but I knew they were looking for me. So I wanted to let them know I didn’t mean any harm I politely approached an officer and said “There was a man outside who said I couldn’t open carry…”
LEO(1): “So you’re the guy? Where is it?”
I showed the officer my weapon by canting my hip.
LEO (1): “Okay, I’m going to take it—“ He proceeds to take my weapon “You can Open Carry but I’m going to take it.”
Me: “I do not consent to any illegal searches”
LEO(1): “You are not being searched”
Me: “You are seizing my weapon illegally officer.”
I asked if I was being detained, he said no.
With my weapon in his hand he orders me to the back of the store, I ask him if we can do this in public. He has just disarmed me and is ordering me to a secluded area. He then tells me he will move me by force if needed to the back of the store. I say I will comply only because you are forcing me.
He calls his fellow LEO’s we go to the back near the bathroom area and there they officers question me. One went to fine the Wal-Mart staff. LEO 1 unloaded my weapon and set it on a counter nearby.
Wal-Mart staff comes out eventually after more harassment from these police officers. The Manager asks if everything is under control. He said that so long as I was following state law then it was fine no matter what I did. The cops were adamant in their opinion that I had to concealed carry, but they also said open carry was legal. They said I was on Private property and that I couldn’t open carry. I said there was no signs posted, and no Wal-Mart employee told me to stop Open Carrying. I have the full dialogue on my phone audio recorder and I have some really horrible footage on my handy dandy “HD” watch camera (with audio). I always carry it just in case of this kind of BS.
Eventually a Wal-Mart manager, not the head guy (he had left when he said there were no problems reported in the store) was badgered by the cops to get me to either conceal my weapon or put it in the trunk of my car. I said I would do what Wal-Mart wanted, because it’s their property and I respect their rights. They asked me to conceal it. I would have just left but my girl needed some stuff from the store, so we shopped as normal after they gave me back my weapon.
*The Auburn Police Department only met with me after I attempted many times to get into contact with them. Once I was with them they pretty much chided me for Open Carrying. All I wanted was for them the tell Wal-Mart that I wasn't wrong from Open Carrying. At this meeting asked me if I was recording them--public servents, on public property, during the commission of the public duties. I may or may not have recorded them (In Alabama we are a "one party state"). Their lack of response and belittling remarks show that they don't care. They actually told me I would get hassled for Open Carrying. But anyway---here is the video. It is the audio from my phone (it was better quality), kind of soft but check it out, there are two parts.
Part I: http://www.youtube.com/watch?v=N1dBhO1NBtg&feature=plcp
Part II: http://www.youtube.com/watch?v=gR7XnHDJxn0
If this is not the right place for this, admins please move it. Thank you.
I posted this story on the Alabama Open Carry website and wanted to post it here, to spread the attention I think it needs, to remind us to remain vigilant. This is part of the initial post I put on the a forum months ago, and I feel I need to share this here at the national level.:
A while back I had my first encounter with LEO’s while Open Carrying. I thought I would open carry while my girlfriend and I went around and did errands. We get to Wal-Mart in Auburn and as we get out of the car a large black truck honks its horn at us. At first we ignore it, then he continues. We stop and turn around, a man opens his door and tells me I need to conceal my weapon. I told the man politely that I didn’t need too, that Open carry is legal.
He retorted that it wasn’t, then “asked” me to conceal my weapon before I went inside the store. I told him I didn’t have to and he informed me he was a Lee county Sheriff Deputy—He was not in uniform and he did not present a badge or I.D. He got out of his vehicle and got in my face. I told him Article 1 sec. 26 (of the State Constitution) allowed me to carry. He asked if I was a lawyer and I said I didn’t have to tell him. I just figured I would walk away, I didn’t want problems. He said he would call “the boys.” And returned to his truck.
My girlfriend and I proceeded to go inside Wal-Mart. We shopped as normal, and then I saw uniformed Auburn Police officers wandering the store. They hadn’t spotted me, but I knew they were looking for me. So I wanted to let them know I didn’t mean any harm I politely approached an officer and said “There was a man outside who said I couldn’t open carry…”
LEO(1): “So you’re the guy? Where is it?”
I showed the officer my weapon by canting my hip.
LEO (1): “Okay, I’m going to take it—“ He proceeds to take my weapon “You can Open Carry but I’m going to take it.”
Me: “I do not consent to any illegal searches”
LEO(1): “You are not being searched”
Me: “You are seizing my weapon illegally officer.”
I asked if I was being detained, he said no.
With my weapon in his hand he orders me to the back of the store, I ask him if we can do this in public. He has just disarmed me and is ordering me to a secluded area. He then tells me he will move me by force if needed to the back of the store. I say I will comply only because you are forcing me.
He calls his fellow LEO’s we go to the back near the bathroom area and there they officers question me. One went to fine the Wal-Mart staff. LEO 1 unloaded my weapon and set it on a counter nearby.
Wal-Mart staff comes out eventually after more harassment from these police officers. The Manager asks if everything is under control. He said that so long as I was following state law then it was fine no matter what I did. The cops were adamant in their opinion that I had to concealed carry, but they also said open carry was legal. They said I was on Private property and that I couldn’t open carry. I said there was no signs posted, and no Wal-Mart employee told me to stop Open Carrying. I have the full dialogue on my phone audio recorder and I have some really horrible footage on my handy dandy “HD” watch camera (with audio). I always carry it just in case of this kind of BS.
Eventually a Wal-Mart manager, not the head guy (he had left when he said there were no problems reported in the store) was badgered by the cops to get me to either conceal my weapon or put it in the trunk of my car. I said I would do what Wal-Mart wanted, because it’s their property and I respect their rights. They asked me to conceal it. I would have just left but my girl needed some stuff from the store, so we shopped as normal after they gave me back my weapon.
*The Auburn Police Department only met with me after I attempted many times to get into contact with them. Once I was with them they pretty much chided me for Open Carrying. All I wanted was for them the tell Wal-Mart that I wasn't wrong from Open Carrying. At this meeting asked me if I was recording them--public servents, on public property, during the commission of the public duties. I may or may not have recorded them (In Alabama we are a "one party state"). Their lack of response and belittling remarks show that they don't care. They actually told me I would get hassled for Open Carrying. But anyway---here is the video. It is the audio from my phone (it was better quality), kind of soft but check it out, there are two parts.
Part I: http://www.youtube.com/watch?v=N1dBhO1NBtg&feature=plcp
Part II: http://www.youtube.com/watch?v=gR7XnHDJxn0
If this is not the right place for this, admins please move it. Thank you.