Police arrest South Bend man with gun at Wal Mart

[Santee]

The bozo sounds like a real dip-wad. If they follow through with the charge and it sticks, he will not be carrying openly or covered legally.

Come on, if a business asks you to cover it, cover it, or to leave, leave. If you do anything else, you are just asking for it.

Having said that, I carry concealed, have never open carried. And the only way they would see my weapon is if the concealing didn't work so great. If they do not have a sign, I am carrying, if they do have a sign, I did not see the damn thing, I am carrying. No gun free zone is liable for your safety if a BG shoots you.

"I say carry wherever you go regardless of whether it is legal or not. You don't need a "license" to save your own life. Americans are born with a CCW license." - Josh Bergman.

 

[VUPDblue]

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.

They absolutely can impose restrictions. Because a business is open to the public, does not mean that it is a public place. IOW, if the gubment don't own it, it aint public. Businisses are just as private as a home, the only difference is that there is a standing invitation to everyone to enter the premises of a business. The fact of the matter is that a business can refuse your patronage and ask you to leave for virtually any reason they wish, including carrying a handgun. Indiana state law reads that a person who does not leave the property of a business after being asked to commits trespass. I took the following from the Indiana State Police FAQ page on handgun ownershipoes Indiana state law define areas where it is illegal to carry a handgun evenwith a permit?Yes, and for your information the following state statutes and administrative codereferences are provided. Please be aware that local municipalities and counties mayhave enacted ordinances that are not listed, primarily limiting firearms in public buildingsand property. Also, the right to carry a firearm may be restricted on private property andbusinesses by the owners. Be attentive for signs warning of restricted areas whencarrying firearms into public places.

 

[jimbo-indy]

I have purchased ammo at WalMart many times. Always paid for it in that department and put the bag in my cart and continued to shop.
I always carry concealed, every day and everywhere legal. I carry concealed by choice since I do not want to cause anyone to be upset (be a good neighbor) yet I am just as armed as if I carried open. I CC even when posted at store entrances but am prepared to leave if asked.
Again, being a good neighbor and respecting the feelings/opinions of others. Also, if the time comes when my weapon is needed, I don't want the BG to know I have it until I chose to employ it. Sometimes, when the BG knows you have a weapon, the weapon becomes the only choice. I prefer to keep my options open.
As to the ass in the original post, I hope they take his license. He is not mature enough to handle the responsibility of carrying.

 

[Hiram Abiff]

question... Are you MATURE and CALM enough to carry a weapon?

WELL SAID!! If an individual can not honestly answer this question yes they need to rethink carrying...

 

[Scutter01]

I think the two major factors were Wal-Mart staff incorrectly applying stated corporate policy (which is to follow state laws), followed by a moron doing extremely stupid things (felony trespassing, throwing a "don't tase me, bro" style tantrum). When two idiots butt heads, why are we surprised when someone goes to jail? This should be a complete non-story.

 

[BloodEclipse]

They absolutely can impose restrictions. Because a business is open to the public, does not mean that it is a public place. IOW, if the gubment don't own it, it aint public. Businisses are just as private as a home, the only difference is that there is a standing invitation to everyone to enter the premises of a business. The fact of the matter is that a business can refuse your patronage and ask you to leave for virtually any reason they wish, including carrying a handgun. Indiana state law reads that a person who does not leave the property of a business after being asked to commits trespass. I took the following from the Indiana State Police FAQ page on handgun ownershipoes Indiana state law define areas where it is illegal to carry a handgun evenwith a permit?Yes, and for your information the following state statutes and administrative codereferences are provided. Please be aware that local municipalities and counties mayhave enacted ordinances that are not listed, primarily limiting firearms in public buildingsand property. Also, the right to carry a firearm may be restricted on private property andbusinesses by the owners. Be attentive for signs warning of restricted areas whencarrying firearms into public places.

I have been searching from where I read about suing the business and have not yet found it. It was something along the lines of since carrying with a license is legal and signage means nothing, the fact you are carrying cannot be the sole reason you are asked to leave. It has to do with it being a public place. Maybe it is in the legal wording of establishing a retail facility. My memory is horrible. I know businesses can refuse to sell to you and can ask anyone to leave.
What I'm saying is that I believe you have recourse and it really becomes complicated. They cannot deny someone service due to many factors such as race. They would be sued. So because carrying with a license is legal, that alone cannot be justification to be asked to leave. You are after all not doing anything illegal. You are not trying to intimidate anyone, you are just going about your business whether you are OC or CC.
I'm not saying to fight it like this Jackass did but leave and if you want, pursue it after you have complied with the request to leave.

 

[Bill of Rights]

Interestingly enough, I just thought about it and re-read the story... Granted, the police would likely have included it in his charges if not, but I notice that the story did not say anything at all about him actually having a LTC. I'd have expected the media to quickly jump on that point if in fact he did have one, and I also think it's possible the cops thought that he had enough trouble already, adding "carrying without a license" to his charges would be kinda like telling the captain of the Titanic as the ship was sinking that his wife had been sleeping with his neighbor.

So.... anyone know whether he's actually a licenseholder or not?

Blessings,
B

 

[Bigum1969]

I saw someone open carrying at Walmart for the first time this weekend -- in Stallinois no less. I was at the Walmart store in Benton. I can only assume he was law enforcement (plain clothes) because us mere mortal civilians can't handle the responsibility of carrying a handgun in Stallinois.

 

[gunrights]

We shop at that store in South Bend and carry all the time, just not openly. As someone said earlier he gives the rest of us a bad name. Even though their policy is quite stupid. by doing this sure is not going to help them change their policy. And you might find yourself with a trespassing charge against you. I personally have been asked to leave stores before while openly carrying and I do without purchasing anything.

Six years ago I purchased a 22 rifle their when they still sold guns. After all the paperwork was done I had to be escorted to the door and wasn't handed the gun until we got there. I was told it was store policy. I could purchase the gun there but I couldn't walk to the door with it. The funny thing was that I had my SIG 239 concealed at the time. And they never knew.

 

[Dogman]

The funny thing was that I had my SIG 239 concealed at the time. And they never knew.

And nobody should know unless you want them to know you carry CC, I just say this because of all the times I've heard people say over the years that they had a gun concealed on them and for some reason came into contact with LE, and the LEO never knew that they were carrying. It's as if they are surprised that the LEO couldn't read their mind.

 

[AFA1CY]

... snip ...

Six years ago I purchased a 22 rifle their when they still sold guns. After all the paperwork was done I had to be escorted to the door and wasn't handed the gun until we got there. I was told it was store policy. I could purchase the gun there but I couldn't walk to the door with it. The funny thing was that I had my SIG 239 concealed at the time. And they never knew.

I had the same thing happen when I purchased my Glock at Gander Mountain. This may be more of a theft prevention thing rather then a safety one.

 

[gunrights]

It's as if they are surprised that the LEO couldn't read their mind.

My point was not that they should have known I was carrying, but their stupid policy would not make them any safer. There are over 310,000 licenses holders in our state and most of the non-gun owning residents do not have any idea that were out here.

I've been talking to a lot of people (Some police officers) lately about the ruling in the Supreme Court and only one in five of them know anything about it. It's pretty sad that most people just don't care.

 

[Revelations]

Six years ago I purchased a 22 rifle their when they still sold guns. After all the paperwork was done I had to be escorted to the door and wasn't handed the gun until we got there. I was told it was store policy. I could purchase the gun there but I couldn't walk to the door with it. The funny thing was that I had my SIG 239 concealed at the time. And they never knew.

I purchased 12 ga ammo at the Walmart in Valpo and had to be escorted to the exit by a manager/supervisor. I thought it was funny as I wasnt concealing my shotgun that day.

 

[haldir]

I have had mostly the same experience at the Walmarts in Kokomo and Goshen. Buy a long gun and they carry it to the door and give it to you outside. Buy ammo and you can lug it around in the store all you want.

 

[spartan933]

I was not aware that WalMart has this policy. I carry concealed there all the time. But, I did not know about this. Is there a sign somewhere posted? I just didn't know. Oh well, the guy should have just walked out and come back later without his pistol. They have the right to have the policy, even if it is stupid.

Also, when I bought my Glock at Cabelas in Hammond, they escorted me to the door as well. I suppose they don't want lunatics with access to ammunition loading up and going crazy in the store, even if it isn't very likely.

And what the hell about WalMart? I buy pistol and shotgun ammo there all the time and never had to be escorted to the door. That's stupid.

 

[indyjoe]

I've never been escorted from Wal-Mart either. I usually go to sporting goods, get ammo. Pay for it. Put it in the car and finish the rest of my shopping (rarely much, as I dislike WalMart.)

 

[ATM]

I OC at Wally World without issue. I buy ammo there while carrying on occasion. No problems. Haven't bought a gun from them, though.

 

[Soundslikejosh]

I was not aware that WalMart has this policy.

Thats because they don't. Earlier in the thread, some one points out that Walmart HQ admitted such. Just because this happened in South Bend Walmart does not mean it is policy. Don't stop carrying there because this happened, because then we are just giving up the fight.

Regards

 

[ryanmercer]

What an idiot. He couldn't just say something like "fine, but you just lost my business too" no... he has to come back like a ghetto-thug and try to be a gangsta.

 

[Caleb]

I opened carried at walmart and nobody said anything to me...perhaps it's how you carry yourself while armed.