Police arrest South Bend man with gun at Wal Mart

[Fenway]

July 04. 2008

A 25-year-old South Bend man learned the hard way Wednesday that although you can buy firearms at Wal-Mart you can't carry them.

South Bend police were dispatched to the Wal-Mart on Portage Avenue about 7:30 p.m. for a man with a handgun stuffed down the front of his pants who refused to leave the store.

Employees told police the man entered the store earlier with a handgun in a holster on his hip. Because store policy prohibits customers from carrying exposed firearms, he was asked to leave.

A short while later, however, the man returned to the store, this time with a different handgun stuffed down the front of his pants.

He reportedly approached the employee who had earlier asked him to leave, and said, "What you going to do about this? I'm going to walk through this store with my pistol."

Asked again to leave the store, the man reportedly insisted it was his "constitutional right" to carry the gun, and asked for the store manager.

The manager reiterated the store's policy on firearms, but the man still refused to leave, at which point the manager called police.

As he was being arrested for felony intimidation, the man reportedly began screaming and fell to the ground, forcing officers to drag him handcuffed from the store.

The gun that was stuffed down the man's pants turned out to be a pellet gun, police said.

South Bend Tribune: Local Briefs

 

[pmpmstrb]

I've opened carried I don't know how many times at three different locations in Indy without any problems. Hell I know a couple of the dept managers and they've never told me about a "no guns" policy and they all know I carry. You would think that if they did have this policy they would post it on the doors as a warning. That's what he gets for not leaving when asked.

 

[Ruiner]

I've carried in that exact store without any issues.. Openly every time. I'm guessing it's because it sits in a CQC holster next to my phone and nice pants with a collar shirt is probably a little better than whatever this punk was wearing.

What a tool.

 

[Bill of Rights]

Asked again to leave the store, the man reportedly insisted it was his "constitutional right" to carry the gun, and asked for the store manager.

Note the bias by quoting only the words "Constitutional right". They'll, I'm sure, say they used the quotes to indicate his actual words, however I believe it much more likely that they used them this way to belittle the term, much as I normally do "gun control".

Bottom line, this idiot DOES have a Constitutional and more importantly, a fundamental right to be armed. That right is now being denied him because despite his RKBA, he does not have the right to remain on private property, even when it is open to the public, when he's been told to leave. It is the rare moron like this who casts the rest of us in a very bad light.

Thanks a lot, dumbass.

Blessings,
B

 

[sparkyfender]

Wow. I'm surprised............

Falling to the ground while screaming usually gets me out of most jams.

 

[Hiram Abiff]

July 04. 2008
A short while later, however, the man returned to the store, this time with a different handgun stuffed down the front of his pants.

He reportedly approached the employee who had earlier asked him to leave, and said, "What you going to do about this? I'm going to walk through this store with my pistol."

**Don't poke the bear**

 

[Crystalship1]

Wow. I'm surprised............

Falling to the ground while screaming usually gets me out of most jams.

BWAAAAAHAHAHAHA!!!!!

 

[Fletch]

Something tells me this guy was doing more than just carrying. "Poking the bear", as it were, says to me he was probably acting like a butthead previously, and store personnel probably used the gun as an excuse to ask him to leave.

 

[Dogman]

Wow. I'm surprised............

Falling to the ground while screaming usually gets me out of most jams.

 

[rabbit]

Idiots like him give the rest of us a bad name.

 

[AFA1CY]

Just slightly off the topic;

There was quite a discussion on a now gone forum about Wal*Mart and OC. An inquiry was made to WM's home office and the response was something like this.

There is no LOCAL WM policy about OC.

WM has no problem with OC as long as it does not cause complaints from the customers. At that point you will be asked to cover it up or place it in your car.

Also local WMs can not make any policy or place any signs without the blessing from HQ.

 

[TomN]

Wow what an idiot. He needs to read up on state and federal laws about carrying a handgun before he gets into real trouble.

 

[pmpmstrb]

I was at the Brownsburg one for 45mins this morning. I wasn't escorted out, what gives?

I also left some INGO business cards on the sporting goods counter.

 

[TomN]

I was at the Brownsburg one for 45mins this morning. I wasn't escorted out, what gives?

I also left some INGO business cards on the sporting goods counter.

Good work!!

 

[Bill of Rights]

Just slightly off the topic;

There was quite a discussion on a now gone forum about Wal*Mart and OC. An inquiry was made to WM's home office and the response was something like this.

There is no LOCAL WM policy about OC.

WM has no problem with OC as long as it does not cause complaints from the customers. At that point you will be asked to cover it up or place it in your car.

Also local WMs can not make any policy or place any signs without the blessing from HQ.

I remember that discussion from (I think) PDO. There was a very clearly stated policy recorded in a phone call that no local store may ban in excess of the law, but as you said, re: OC.

Basically, yeah, this guy is, intentionally or unintentionally, going to make it rough on the rest of us.

Blessings,
B

 

[iam1096]

Hate to say this, but he got what he should have. Coming back in, I am a manager of a large retailer and if for what ever reason he was asked to leave then came back. 911. I am so pro-gun it hurts, but he could have been acting a fool. I had a customer cussing out one of the cashiers and had a High Point in his holster. Made me feel really uneasy.

 

[DocGlock86]

Guy got what he deserved. I've OC in walmart plenty of times, But I have enough respect if I'm asked by management if I could conceal my weapon I will. Now if they tell me I can't carry at all I will ask them where is the sign on the entrance that says I can't carry but I will not cause a scene for exactly that reason getting the cops called on me.

 

[Disposable Heart]

Several issues:
1. Age, young guy, with teh amount of guff given to the store folks, obviously like me, chip on the shoulder at all times.
2. Yelling about Constiutional rights: Sorry, but private property owners/workers can ask to you disarm or get out.

This is becoming pandemic. Too many are worried about if they can carry open in a store dont stop to think if they should (cover the darn thing). Even though Ive had a few beers right now, I believe I would second a motion for a law saying that folks refusing to leave a store (private property) while open carrying after being asked to by store personnel should be charged with inciting a panic. Seriously, I have carried a few times in stores, accidentally uncovering my weapon into view, but no one has given me trouble. Why? I wasnt a bloody ass about my "rights" or an ass in general. You have a permit to carry? Good, second question... Are you MATURE and CALM enough to carry a weapon?

 

[BloodEclipse]

Yes he should have left. But if he wants he can push the issue. Even though personal property right are valid Wal-Mart is a Public place and they cannot impose restrictions. I remember reading somewhere that you could sue a company for asking you to leave. A person's private property is another matter.
My Local Wal-Mart (which no longer gets any of my money) has asked me to leave the store after purchasing ammo. I was told I could take it to the car and then return. They had no idea I was CCing. I have purchased 2 shotguns and a rifle from them and each time after the sell the clerk calls a manager and they escort you out with the firearm. That was a year or 2 ago and I didn't know any better so it wasn't an issue.
So my suggestion is just stay out of Wal-Mart regardless if you are carrying or not.

 

[Bill of Rights]

Yes he should have left. But if he wants he can push the issue. Even though personal property right are valid Wal-Mart is a Public place and they cannot impose restrictions. I remember reading somewhere that you could sue a company for asking you to leave. A person's private property is another matter.
My Local Wal-Mart (which no longer gets any of my money) has asked me to leave the store after purchasing ammo. I was told I could take it to the car and then return. They had no idea I was CCing. I have purchased 2 shotguns and a rifle from them and each time after the sell the clerk calls a manager and they escort you out with the firearm. That was a year or 2 ago and I didn't know any better so it wasn't an issue.
So my suggestion is just stay out of Wal-Mart regardless if you are carrying or not.

IIRC, walmart is open to the public, but is still private property as opposed to "public property", i.e. sidewalk. They can ask anyone to leave that they choose to ask to do so, for any reason EXCEPT those covered by federal non-discrimination laws, ie race, creed, color, gender, religion, or national origin. Failure to do so can be prosecuted as trespassing. You're correct that you have the right to sue them; what's the old saying? "You can sue the Bishop of Boston for Bastardy.", but that doesn't mean you'll win or even that the judge won't just throw it out as frivolous.

Also, the two firearms I purchased at a sporting goods store (Sportsman's Warehouse) were both carried to the front of the store for me by an employee, where I paid for them, then delivered to my hand outside the front door. I didn't ask about carrying them out myself or anything; like you, I didn't know. I bought a shotgun at WM several years ago (99 or 2000, I think), but I don't recall whether they carried it out for me or I carried it myself. I do remember it was in a box, disassembled, so that may make a difference (or might have, at the time.)

ETA: I've never been asked to leave after purchasing ammo. I have to pay for it at the ammo counter, but once it's bagged and stapled, they have no issue with me continuing my shopping.

Blessings,
B