Carry Incident help please

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New_Master

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Ok, as all of you kow places like best buy, costco, etc all ask you to hand them a receipt so they can check and make sure they did not charge you extra for something right ? lol


Anyhow,I figured I payed for an item, and I am now the legal owner of such item. there is a line 15 deep waiting to leave. This item was a $15 cd.

So I proceed to just walk out. well, midway to my car, a guy grabs me from behind. First reaction, guard the firearm and draw.

well, as all of this goes happens, we fall to the ground. I manage to get a hold of my firearm and draw on his face. luckily I noticed their outfit, and did not fire.


So the question is, what would have u done ? Also, I'm seriosuly considering assult charges on the employee and sueing the establishment at this point.

The local PD came, and they got a laugh out of it after the situation was diffused.
 
If I got handled/tackled in a parking lot, I'd have probably done exactly the same thing. Check the laws in your state. Some placed allow employee pursuit, most don't. At the very least, you have a valid civil complaint.
 
I assume this was a security person grabbing you?

They have the right to stop you and question you if theft is suspected. I doubt that they have a legal right to grab you with such force that you interpret the physical contact as an assault. Did the person ID himself verbally? Did he make any verbal commands to stop before grabbing you? Maybe he did and you didn't hear him? See the problem? If you try to make something of this it's your word against his and nobody will know for sure what really happened.

What damages have you suffered to justify a lawsuit? You must demonstrate damages to file suit.

Assault charges? What would be the purpose? Do you really want to spend weeks or months giving depositions and making court appearances? Does this sound like fun to you?

To me it sounds like a little overzealousnous on the part of the security person. You weren't injured, it didn't cost you any money, and you got a great story out of it. Sounds like a good day to me. I would walk away.
 
You're lucky. Cops may have tried to hit you with brandishing or who knows what else. I agree with you on the way those stores operate but when you really think about it, who do you think the law is going to back up? It's just not worth it to me. I don't want to shoot someone over a mistake in understanding.
 
i think u did the right thing, the whole checking ur receipt before u leave is a company policy, not a statue, or any other local ordinance. God i cant believe all this private organisaions acting like their policy is law, i would say sue, but u might wana do a little research about it first.
 
Thank GOD

Thank God nothing happened, because if you had killed the guy you would be in jail facing murder charges. Don't be so quick to pull your gun, what are the odds of being attacked? Take a chill pill on all this Tatical carry/self defence bull****!
 
dude good thing he dint shoot him, but if someone grabs me / tackles me from behind, my first reaction is going to be self defence, not look around make sure there is a threat then draw, because if he would have hesitated and it was a thread well, u could only imagine. He did the right hing by being prepared, and showed what i bleive to be good training and situational awareness by not taking a blind shot at the guy.
 
yeah but when someone assults you from behind, and taking you to the ground, what do you do...react. its training, nothing less. I thought my life was endanger.

one thing though is the kid (college fotball kid i'm sure wanting the front security position) never will do that again.
 
situational awareness would have alerted you to someone on your six. maybe you would have heard the running footsteps approaching?

pardon my skepticism, but are we hearing the entire story? did the reciept checker say anything as you walked out the door? or were you not paying attention. usually if you try that they will yell at you to get back in the line to exit.
 
spaceman, that is a good point but it also depends where he was, the ussual parking lots around here have alot of circling cars looking for spots, deisel engines, horns honking, and more horns honking, so he might not have heard someone yelling. However getting the whole story thing is a good point.
 
situational awareness would have alerted you to someone on your six. maybe you would have heard the running footsteps approaching?
Click to expand...

I agree with that. Had you been aware of your surroundings you would have heard him comming and turned to meet the thread and identified who is was and the gun would have stayed in your holster where it belonged.

You were in their parking lot. In most states and in most instances this is still considered private property and the store is within its rights to attempt to detain even by physical means you leaving the property with what they believe to be stolen merchandise.

As others have pointed out most will not persue you outside a building because of the increased liability to their employees.

I am gald to hear no one was hurt but I do not think you have a criminal or civil suit here.
 
Just curious New Master........ what state do you live in?

I cannot fault your actions, I was not there, and did not know what was going through your mind. If you say you were in fear, who am I to question that?

You owe the responding cops a well written thank you letter to go in their personel files for how they handled this situation. They could easily have sided with the in-store dick, and in fact, I'm surprised they did not. Most store security guys are on a first name basis with the police. That they did not haul you downtown for brandishing and assault with a deadly weapon is a credit to them. It could have ended very differently, and you need to consider that. You knew when you left the store without being "second checked" that there was a fair probability of having security follow you and try to detain you. The probability of security grabbing you in the parking lot was higher than a mugger at that point. If the reasonable man standard was applied to your actions, you might not pass the standard.

Hopefully the kid who tackled you will reconsider his actions, and the store will implement some training on how to better handle this type of situation. I am not saying what they did was right, or even OK. I disagree vehemently with this kind of harrassment. My point is, you owe those policemen big time. Make sure they know you appreciate how they handled the situation.
 
I would have probably done the same thing - I'm sure in your mind you legitimately thought you were being attacked. To me, that warrants every bit as much force as you responded with.

Regarding the whole "what are your odds of being attacked" thing - that's crap. If you were betting on the odds, you wouldn't ever need to carry a gun to begin with, as the vast majority of people who carry never need the thing.

Look on the bright side - bet that mall-ninja security gaurd won't make that mistake again :p
 
The reactions here really surprise me. I personally need more clarification befoe I could say you acted properly.

As Spiffy said there is more to this story then is being told. I for one would like to know how much force was involved when this renta cop grabbed/assaulted you.

I cannot believe that so many are giving a ringing endorsements of handling of this incident without more facts.
 
well, as i was alking back to my car, i was basically tackled. i have had some previous training, plus all the years of physical sports first thing I do as I fall to the ground is roll the shoulder. It happened so fast. But basically someone from behind grabbed me with force and pushing me forward, got me off balance going forward, as I secured the firearm on my strongside. then fell to the ground, was able to draw.

as for did i hear foot steps, oh u should have had eyes behind your head. well, u tell me, can u see everyone behind you 100% of the time as you walk to your car from the grocery store, walmart, etc. Did I hear anyone, no. Did I hear people yelling saying stop, no.

actually, even if on private property if they detain you, it can be unlawful especially if they did not find anything on you (i.e. stolen property).


should I wait in line, maybe....but I do not see a written agreemet to stop there as I enter the building. Is it their property ? Maybe, but a parking lot in a shopping center is public for most regards.

and lastly, whats the difference between being tackled and raped. If you are a female would you have drawn if you had been basically thrown to the ground ?
 
If tackled without warning, no matter where, I hope I could do as good as you. You reacted in, I think, the appropriate manner and made the correct choice on not firing.
I believe, at the least, they should call you and make amends.
 
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