I was open carrying at Wal-Mart, and....

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Why hip carry?

I don't know the laws on open carry here in Oregon or any other state. I am one of those oversensitive ( to the feelings of others and respect for their right to be alarmed - right or wrong ) types that sees no point to OPEN carry in crowded public places.

It sure seems to me that if making sure those around you know you are armed and ready to confront aggression with deadly force, which is the sole purpose of carrying openly, you might be a lot faster with your first shot by carrying the pistol in your hand.

I believe the police use a holster because it takes both hands to write a ticket.

Or is that illegal? A lot of people function using only one hand and you could learn quickly to push a shopping cart and load it one handed while being ready at a moments notice.



Before you say that your gun is the last resort, remember that should you end up in a tussle with someone in that Walmart and they take your sidearm off your hip, you may be liable for what happens next.

my take, JT
 
JT-AR-MG42 said:
Or is that illegal?

OldMarksman said:

Actually, OldMarksman, that is not a universally true answer.

In State v. Casad, the Supreme Court of Washington ruled that the act of openly carrying firearms, even those carried in the hand, was not an illegal act by itself.

And then there is this little gem of an ordinance in Belle Meade, TN:

11-602. Weapons and firearms generally. It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any razor, dirk, knife, blackjack, brass knucks, pistol, revolver, or any other dangerous weapon or instrument except the army or navy pistol which shall be carried openly in the hand.

Personally, it is much more convenient for me to keep mine in a holster... :D

(that way I have one hand free for my cigarette and the other hand free for my beer). <---that is humor not to be taken seriously in any manner, please.
 
In respoce to Navy. The Declaration of Independece. Life liberty and the pursuit of happiness. Now maybe its just the way I was brought up but my interpretation of this means my right end where someone elses begins. So the op has the right to carry open. The other store patrons have the right to feel safe while going about their legal activities. Wal mart has the right as the property owner to make money. That being said whose rights win out. Wal marts do. Their property. Do they want one person carrying a gun to leave or numerous others who felt unsafe by op actions. Well I guess wal mart answered that. The real problem is that guns get enough bad press for anti gunners to use to ban them. Do we need to create more by coming off as inconsiderate to others so they have a reason to ban open carry all together. Just saying a little common sense goes a long way. If op felt he was unsafe in wal mart shopping and needed his side arm with him than a ccw permit being obtained would have avoided the whole situation.
 
If we have the "right" to feel safe and secure, why does the anti-gun person's "right" trump my "right"?

And you mention the Declaration of Independence and, "Life liberty and the pursuit of happiness." Then why does that not also protect me as well as the anti-gun person? Should I not be granted the ability to protect my "life" and have the "liberty" to do so in the manner I feel is most effective and be able to "pursue" my own hapiness?

Ultimately, it IS Wal Mart's RIGHT as the property owner to do whatever the heck they want - within legal bounds, of course.
 
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In response to Navy. I believe the state of CO has decided that he does have the right to carry open. But once again wal mart decides their policies. And I'm pretty sure that the when the first person asked him to leave and he refused albeit to calmly argue his point they could have argued this as refusal to leave and had charged with tresspass at that point. Then the fact he was armed would not have looked favorable. Let's be glad nothing like this happened. And yes in a perfect world anti gunners and gus supporters could live peacefully but up to this point and till who knows when it hasn't happened. So until then a normal person on either side would give a little to get a little. If that means we don't open carry to have them leave our guns alone otherwise I would be all for that. And I know its not my place to tell op what to do but he posted here obviously asking for opinions. And this is just mine.
 
indykappa said:
Geez louise Uncle Billy, are we really going to sit here and play the "what if" game?! That's the ploy of anti's and I know you aren't one of them (by virtue of you being on this forum and the quality of some of your other posts in other sections).

Please, dear God, please can anyone show me a link to a news account where the OK Corral shootout occurred between LEGAL OC'ers and OC'ing criminals. Cmon man!

Okay: "The proximate cause of the conflict that led up to the fight was the arrest by Virgil Earp, acting in his capacity as deputy federal marshal, of two rural "cowboys" for a stagecoach robbery. Drunken threats made by another cowboy against the Earps set them on guard, and when family and friends of the drunken man arrived in town on horseback the next day fully-armed, there was a misunderstanding about how and where they should disarm according to city law. Within hours, both new arrivals were dead, as also was a cowboy standing with them, who had illegally failed to surrender his pistol the previous day." ... Wikipedia, among others

OC was illegal in Tombstone; when the authorities who were legally OCing showed up to disarm armed criminals, a gunfight ensued- bad guys and good guys got into a shootout.

I meant to present that as my estimation of what the non-gun public's thoughts are, the people we wish to at least leave our gun rights alone, which they'll do if we don't rile them unnecessarily. That's a truth, like it or not.

If your concern is with regard to the level of training, then how is it that you can even trust local law enforcement? It wouldn't take long to find a number of incidents where officers had had negligent discharges, or used their weapons inappropriately. Their training and proficiency is questioned on a regular basis on this very forum.

The cops are untrained or poorly trained so it's okay that everybody is untrained?? Really? The classes and training sessions the NRA provides for civilians who wish to carry guns aren't of any use? No one is better off- the gun owner and anyone nearby- if the gun owner has some training?

Tell me sir, what is the proper amount of training?

Any competent training is better than no training, and the population that opposes armed civilians would have some of the wind taken out of their arguments if everyone had to have some competent training before going out with a gun, like the CC people have to have, at least here in NY.

old marksman: said:
I cannot imagine a "bad guy" carrying openly. It simply makes no sense to me. Why would anyone in his right mind who was planning a hold-up draw attention to himself by wearing a gun openly? Stealth would be paramount, wouldn't it?

Why wouldn't a bad guy open carry if it was legal to do so and others were besides him? When people get used to seeing civilians with guns on their hips, why WOULDN'T a bad guy take advantage of that and all he would have to do is draw his 1911 or Glock or S&W .44 Magnum, having walked into the place with it on his hip like all the law-abiding OCers do? Why would he conceal a gun where OC is legal and CC wasn't?

indykappa said:
and you do realize that most states do NOT require any level of formalized training to obtain a driver's license? all anyone has to do is get a few things right on a driving course and VOILA you're licensed to operate a 2 ton V8 rolling death machine!
You don't have to get ANYTHING right to OC in many states, just put on the gun. And if you bought it in a private sale or at a gun show, you could be any sort of creep, openly walking around with a firearm right next to your hand- that's what makes otherwise uninterested people nervous, and rightly so.

ummm, when exactly has LESS education ever benefited the populace?? maybe if we hide our guns from our children, they won't wonder what's in that closet...??

Frightening someone as a means of teaching them is a poor way to accomplish learning. Forcing someone to live with their fears is sure to beget a resistance to the source of the fears- the easiest way to not be afraid is to banish that which you're afraid of. Do we really want to promote such a scenario, when CC is available to those who aren't disqualified and so being legally armed for one's self-protection is legal?

racial minorities/gay people are not an immediate purposeful/accidental risk of harm or death to anyone...yes, we know this now, but what about 50 years ago?

the funny thing is, if you took out the word "gun" from your previous statement and injected the word "negro" or "gay" into it, it would look/sound like alot of the fear-mongering that people spewed back in the pre-civil rights days.

So you're saying that once people get used to guns, like they did of blacks and gays (and I'd be willing to bet the farm there's a lot of posters on here who aren't the least bit "used to" those particular minorities), guns aren't efficient killers any more? Guns are only dangerous until you get used to seeing people with them, and then they aren't dangerous any longer? No one will ever take a shot at you after you've seen people with guns for a while? When you got used to handling your gun, did you ease up on treating it like a dangerous weapon capable of killing because you were used to it? Why in any remote reality would anyone assume that those who fear guns and don't trust people with them, will quit those ideas and welcome strangers with guns when their fears and doubts- which are legit, given the circumstances of rule-free and unregulated OC- are activated when the number of guns they see in public places increases?

By the way, I have had a CC permit in NY for 38 years, and I carry a Walther or a Beretta whenever I sense the need and it's legal.
 
Hellbilly, you are right and wrong. The private property owner (Walmart in this case) DOES have the right to ask someone who is OC'ing to leave.

The store patrons DO NOT have a RIGHT to feel safe while in the store...sorry, but there is no such right afforded anywhere on someone else's private property. If that was the case, when you got your cart at the front of Walmart, you would also get a security escort throughout the entire store. If that was the case, then anytime someone got into an argument with another store patron that escalated into a fight (no gunplay necessary), then Walmart would be sued for injuries to the combatants.

You are correct about my rights ended where yours begin. But understand the difference between rights and "feelings"
 
The cops are untrained or poorly trained so it's okay that everybody is untrained?? Really? The classes and training sessions the NRA provides for civilians who wish to carry guns aren't of any use? No one is better off- the gun owner and anyone nearby- if the gun owner has some training?
I agree that I'd like to see more training among the civilian populace, but I'm philosophically opposed to it being mandated.

Let's face it, open carry does present some concerns in terms of retention and first exposure should there be an armed conflict. If you're going to do this, you need to know what you're doing.

Far too many of the open-carry folks I've spoken with do not take this seriously. I've heard several times that "most encounters take place within six feet" as a justification for the shooter not being able to keep their rounds on a 3" silhouette at 15 feet. I don't want to be around when that guy sees the need to draw a gun under stress, particularly in a crowded area.

If you're going to do this, you need to be able to shoot better. You need to be trained in shoot/no-shoot scenarios. You need to get a decent rig and hand-to-hand combat training. You really need to take this stuff seriously, and I'm not seeing that from many of these folks.

Of course, I'd like to see everyone carrying a gun, concealed or not, making this sort of commitment. Over the last two years, I've lost count of the number of people who tell me they're carrying for protection, but that their total training involves two sessions at the range with Uncle Jed.

It only takes one shooting with collateral damage for the calls for state-mandated training to start. And make no mistake, the required training will be expensive, restrictive and of dubious value at best.
 
in response to Indykappa. I believe any public business even though on private peoperty does have the legal responsibility to provide a safe enviroment. Let's use the recent incident in Arizona for example. Had someone been injured or killed in the negligent discharge I am most certainly positive wal mart would have been included in any lawsuit that arose. Also if I go to someones workplace and assault them physically said workplace can be sued for failure to provide a safe work environment. And should an elderly person with a bad heart see the gun carried by op and fall dead with a heart attack you had better believe wal mart would be sued as well. Now I know I know that we are talking ifs here (and as my grandma used to say "if you aunt had balls shed be your uncle") but it is food for thought and a valid argument.
 
psychohellbilly666,

So, according to you, any time a crime happens involving a third party (neither the criminal nor the property owner), then the property owner can be sued for the crime happening on their property. Ummmm... yeah..... Then every business out there should require a Federal, state and local background check with DNA and fingerprints of everyone coming onto their property. That doesn't even come close to passing a common sense check.

Heck, I've been missing out on a fortune all these years because I have seen a lot of people in a lot of places that have made me nervous, and, according to you, the property owner's have been infringing upon my rights all those times by allowing those persons there and not providing a "safe" environment for me.
 
Posted by Uncle Billy: Why wouldn't a bad guy open carry if it was legal to do so and others were besides him?

Well, if he has been convicted of a crime of sufficient seriousness, there's always the risk of a police officer noticing his possession of a gun--which is, of course, in itself a crime. Good to mitigate that risk, IMHO.

Of course, there's a first time for everything.

However, there is absolutely no reason to believe that a customer wearing a gun openly is more likely to be planning a criminal act than one not doing so--unless, of course, one has been conditioned to believe that "gun=crime".

One may reasonably be privately suspicious of his other motives (cop wannabe, exhibitionistic, whatever), but worrying that he might be a "bad guy"? Not likely. If he bought the gun lawfully, he has a clean record. If he did not, he's unlikely to display it openly.

It's the guy who approaches the checkout while his partner stands aloofly elsewhere who should cause worry. That other person is likely trying to blend in, to appear inconspicuous. Easier to do that without a gun showing in a holster, and easier to remain unnoticed by keeping the weapon out of sight until the act commences.

By the way--off topic, but watch out for the man wearing a hoodie or a wool hat on a warm day, or sunglasses at night.

Posted by Tom Servo: I agree that I'd like to see more training among the civilian populace, but I'm philosophically opposed to it being mandated.
I agree philosophically with the concern about mandated training, and I understand the reason. However, "I'd like to see more training" doesn't quite emphasize the seriousness of the need sufficiently, in my view. All of us are safer when those who carry guns understand both the implications of their use, including criminal and civil liability, and the limitations of what a civilian may do. Not only that, the right to carry weapons is more likely to survive under those circumstances.
 
I could sue The Firing Line forums for a number of reasons...that doesn't mean I would win a dime.

There is a difference between "suing" and "winning a lawsuit". If the sight of my gun leads to heart attacks, I seriously doubt that Walmart would be SUCCESSFULLY sued (forced to pay monetary damages) by anyone. Walmart's pockets are so deep, they would laugh the accusing party out of the courtroom!

A similar (unsuccessful) attempt was made to sue gun manufacturers for crimes that occur while their firearm was in use.
 
indykappa said:
There is a difference between "suing" and "winning a lawsuit". If the sight of my gun leads to heart attacks, I seriously doubt that Walmart would be SUCCESSFULLY sued (forced to pay monetary damages) by anyone. Walmart's pockets are so deep, they would laugh the accusing party out of the courtroom!

A similar (unsuccessful) attempt was made to sue gun manufacturers for crimes that occur while their firearm was in use.

Very good point about the gun manufacturers.

Also, if I can be held responsible for someone having a heart attack at the sight of my gun, then where does it end? Why would I be responsible for their heart attack when I was doing nothing illegal? Like if I came around a corner and didn't see them and my shopping cart ran into theirs and it startled them into a heart attack... I guess if it was psychohellbilly666 then both me and Wal Mart would be in court because I was the "cause" of their heart attack and Wal Mart allowed it to happen on their property.

You know, some of those people in the motorized shopping carts make me feel nervous and afraid for my life because they might run over me....
 
Granted no monetary damages may be awarded but what would it cost you to defend against it. And as long as their was some merit to the case ie reasonable expectation of safety I doubt a court would order the plantiff to pay your legal costs. This is America, you can sue anyone for anything. That is why shooting ranges have you sign a waiver of liability. Wal mart doesn't they just asked armed individuals (ones they know to be armed anyways) to leave their storen at least the one op visited did. and in a negligent discharge their is no criminal (just an idiot with a gun). And once again shooting ranges guard themselves with waivers of liability because they know they can face an expensive legal battle. And in the case of a range their is less expectation of safety due to the fact you know their will be firearms present. And if you are ever assaulted at your work I'm sure you will consult an attorney and guaranteed he will include your employer in the suit. Any first year law student will tell you that. It all boils down to how much respect you have for your fellow man. Evidentally someone in the store was uncomfortable with him open carrying. The respectful thing to do would have been to return the gun to his car and return to shop or leave and go elsewhere which is what happened in the end. Much drama and hard feelings could have been saved. And none of my comments are meant to belittle the op. That being said I am saving myself more drama by exiting this thread. Thank you for your time all.
 
OldMarksman: said:
However, there is absolutely no reason to believe that a customer wearing a gun openly is more likely to be planning a criminal act than one not doing so--unless, of course, one has been conditioned to believe that "gun=crime".

That's the point- if someone shows up with a legal OC handgun, he has the means clearly in sight to use a gun, in a crime or not. Who can tell which it is, and that doubt causes a lot of people to be uncomfortable.

And it isn't at all that they have a right to being at ease, they don't have that as a right. But they may have that as a very strong preference. It's that if they are uneasy with guns around they'll support taking them away.

WalMart's right to choose will be decided in favor of the side with the most potential to spend money. If there are 2 people who won't come to WalMart, or leave without purchasing anything because they saw one person OCing, and they tell the staff at WalMart why they're going, watch what happens to gun-toting at WalMart.

If the only interaction a person has with guns is in the news, in the movies and on TV, and in the belt of the guy behind them at McDonald's, why would they be comfortable that close to someone they don't know and have no reason to trust, armed with hardware that could kill them in a flash? It's those people, who aren't about guns and have no strong convictions about them, who have to trust that guy at McDonald's and aren't able to and be comfortable, that can turn anti-gun. "Teaching them" to be comfortable with a lot of guns around by forcing them to be around a lot of guns is really lousy reasoning.

None of this is necessary- there's no huge advantage to OC over CC, and a multitude of public relations negatives which we don't need. Jam your rights in someone's face with something that scares them and expect they won't like it and will take up efforts to shut you down.
 
Uncle Billy said:
WalMart's right to choose will be decided in favor of the side with the most potential to spend money. If there are 2 people who won't come to WalMart, or leave without purchasing anything because they saw one person OCing, and they tell the staff at WalMart why they're going, watch what happens to gun-toting at WalMart.

Oh, you mean like Starbucks!

You know, maybe we should put this in perspective:

http://www.facebook.com/bradycampaign
number of fans = 7,064

http://www.facebook.com/pages/NRA/41727840793
number of fans = 52,466

Uncle Billy said:
Jam your rights in someone's face with something that scares them and expect they won't like it and will take up efforts to shut you down.

More anti-gun group inspired rhetoric. Holstered gun = jammed in face.
 
Uncle Billy...if a person is able to open carry and chooses to do so you have no right to tell them not or to imply otherwise. You are forgetting that the person OCing is in no way affecting you, therefore you have no right to interfere with his right.

What would you do if you were in a place that allowed open carry and saw someone doing so? Would you approach them? Call the cops? Tell a manager to ask them to leave?
 
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